Defence seeks discharge of Ziaul at ICT

The defence yesterday sought the discharge of Maj Gen (relieved) Ziaul Ahsan from a crimes-against-humanity case involving more than 100 alleged enforced disappearances and killings, arguing that none of the three charges is supported by evidence.

Opposing the plea, Chief Prosecutor Tajul Islam told International Crimes Tribunal-1 that the prosecution had established a prima facie case and urged the court to frame charges and proceed to trial to ensure justice for the victims’ families.

After hearing both sides, the tribunal, led by Justice Md Golam Mortuza Mozumder, fixed January 14 for an order.

The prosecution also informed the tribunal that former army chief Iqbal Karim Bhuiyan will testify as a prosecution witness. Countering the defence arguments, Tajul read out portions of Karim’s statement to the investigating officer, describing Ziaul’s conduct as “horrific”.

According to the statement, Iqbal once asked then Major General Mujib to restrain Ziaul, after which incidents of “crossfire” deaths apparently declined. However, Ziaul allegedly continued his activities covertly and dumped bodies after killings. The statement further claimed that abnormal killings surged after Ziaul became additional director general of the Rapid Action Battalion (Rab). Brig Gen Jaglul was later asked to persuade him to stop, but Jaglul reportedly said it was impossible, describing Ziaul as “a man whose head is filled with stone and brick chips”.

Ziaul’s counsel, senior advocate Munsurul Hoque Chowdhury, read out the allegations under charge 1 relating to the killing of Sajal and three unidentified persons. He told the tribunal that a regular FIR was filed over Sajal’s killing, followed by inquest and investigation, which ended in a final report. Fifteen years later, after a change of government, Ziaul was implicated despite the victims’ family not accusing him or any Rab member. He said there was no eyewitness to the murder.

In response, Tajul Islam mockingly remarked that “two angels who record people’s deeds saw it”. The defence then urged the tribunal to ensure that no fabricated witnesses are produced, likening them to those angels.

Ziaul was present in the dock during the proceedings.

The defence also read out allegations under two more charges and defended Ziaul.

Tajul countered that during the 15-year period many people were forcibly disappeared and killed, but none could speak out, which, he said, led to the July uprising.

Referring to Ziaul’s service record and awards, his sister and defence team member Nazneen Nahar told the tribunal that his postings in the army and other organisations followed regulated military processes based on seniority, qualifications and institutional needs, and were not politically motivated.

Meanwhile, at ICT-2, defence lawyer Aminul Ghani Titto, representing three accused in a crimes-against-humanity case over the killing of Begum Rokeya University student Abu Sayed, sought an early adjournment. The tribunal fixed January 13 for the next hearing.