The prosecution yesterday ended placing their closing arguments in the case against war crimes accused Syed Mohammad Qaisar, a former Jatiya Party state minister, seeking death penalty and compensation for three victims, including a war child.
This is the first case where the prosecution has demanded compensation for war victims.
Prosecutors Tureen Afroz and Tapas Kanti Baul placed arguments on legal points of the case, a day after prosecutor Rana Dasgupta concluded arguments on the factual ground.
During her submission, Tureen said: “For the first time, a war child has testified in a war crimes trial in Bangladesh. Two women victims and the war child, also a woman, have been enduring miserable life. They were also subjected to social harassment. They are real claimants for compensation.”
Then the tribunal asked her about the process of paying compensation, if Qaisar was convicted. The prosecutor replied that it was possible to pay the victims from the property of the accused.
In her argument, Tureen submitted that the accused could be given death penalty for aiding, abetting, facilitating and contributing towards heinous crimes of rape. Qaisar might also be ordered to pay adequate compensation to Hiramoni Santal, Mazeda Begum and the war child for the social dishonour, ostracism and isolation these victims had to suffer.
Chief of “Qaisar Bahini” during the war in Habiganj and Brahmanbaria, the accused was indicted on February 2 on 16 charges of crimes against humanity. A total of 32 prosecution witnesses testified against him. The defence refused to present any witness.
The prosecution started their arguments in the case on July 24 and concluded after submitting for six days.
Tureen said during the 1971 Liberation War, between 200,000 and 400,000 women was raped by the members of the Pakistani occupation forces and its local collaborators. Citing reference, the prosecution also stated that roughly 80% of the rape victims were Bangalee Muslims – aged between seven and 75.
During this submission, Birangana Ferdousi Priyovashini and some other war crimes activists were present at the tribunal.
The prosecution mentioned the victims of rape and sexual harassment as sex slaves of the officers and soldiers since the women were not only raped but many were also taken away by the occupation forces and their local collaborators.
The prosecution submitted that in 1998, sexual violence, in general and beyond rape, had been recognised for the first time as a crime against humanity in the Prosecutor vs Jean-Paul Akayesu by the International Criminal Court of Rwanda.
Official documents stated that at least 25,000 women faced forced pregnancies during 1971 which was the result of one of the war strategies of the Pakistani Army and the collaborators, Tureen said.
The women, captive as sex slaves, were found to have been released by the Pakistani Army and its local collaborators only when they became sure that those women were carrying babies and that there were no scope for an abortion.
Before Tureen, prosecutor Tapos K Baul placed arguments on Joint Criminal Enterprise of the accused.
The defence started their argument part in the case in the second half of the day yesterday. But the tribunal was irked since the defence was placing introductory issues which had already been decided by the tribunal.
Defence counsel SM Shahjahan in his arguments tried to prove that the investigation had been mala fide and questioned the process of investigation.
Earlier they sought time to submit the arguments. But the tribunal asked them to begin as per its previous order. After one hour of argument, when the defence counsel again pleaded for adjournment, the tribunal fixed Sunday for further proceedings.