Since the very beginning of the war crimes trials in 2010, most of the accused have been trying to secure bail on different grounds, apparently to get the mercy of the International Crimes Tribunal judges.
To ensure bail, they have allegedly been staging dramas to establish “old-age complications.”
The International Crimes (Tribunals) Act, 1973 does not have a provision for bail.
However, sources say the upcoming amendment proposal to revise the ICT Act may include the provision – a move opposed by the war trial campaigners. Some prosecutors involved with the trial process are also against the change, but they think it would stop such dramas.
So far, only two persons – BNP leader Abdul Alim and former Jatiya Party state minister Syed Mohammad Qaisar – got bail for their physical conditions.
The last drama, mentioned by the prosecution, was staged by Qaisar who, throughout the trial processs, wanted to get the mercy of the tribunal. His trial ended last week and the case has been placed for verdict.
The prosecution claims that Qaisar started to use a wheelchair when he pleaded for bail and later he tried to establish that he was sick.
When Alim got the privilege for his old age, Qaisar followed the same technique and was caught red handed by the tribunal on several occasions.
On August 20, at the end of the trail against him, prosecutor Rana Dasgupta informed the tribunal about the techniques used by Qaisar. “The accused is not as sick as he tried to show during the trial period,” he said.
Stating some examples, he said: “This is a strategy to ‘seek mercy’ from the tribunal.”
The prosecutor said: “Earlier, before the start of the trial, the accused came to the tribunal, walking. But when he pleaded for bail, he needed a wheelchair to move.”
Mentioning the last day of the prosecution’s argument, Rana said when the tribunal judges were leaving the room, the accused stood up like a normal man, without any support.
“Whenever Qaisar entered the courtroom, his hands used to shake continuously as if he wanted to grab a stick. But when the tribunal left the court, the shaking suddenly stopped.
“During the prosecution’s argument session, Qaisar was sleeping and his hands were not shaking. At that time, his son quietly informed the accused about the matter and asked him to continue the fake moves,” Rana explained.
Earlier, top war crimes convicts including Ghulam Azam, Delawar Hossain Sayedee and Motiur Rahman Nizami, and younger accused including ATM Azhar and Mir Kashem Ali continuously pleaded for bail.
Most of them sought bail on “health grounds.”
While appearing before the court they looked sick and pale, though after the daily proceedings, their real faces were exposed. They tried to act sick, especially before the CCTV cameras.
Bail provision opposed
Sources at the Law Ministry last month said the new amendment to the ICT Act might include the provision of bail as well as specific punishment of organisations for committing war crimes.
Prosecution thinks that the bail provision may be included to stop the dramas concocted by the accused to get bail.
A prosecutor seeking anonymity said: “The provision may not be good for our cases. During investigation, we face so many barriers because of the political influence of the alleged war criminals. If they are granted bail, then they may hamper the work flow.”
War crimes activist Shahriar Kabir questioned the bail provision. “In every case, whenever the accused pleads for bail, the tribunals handle the petitions. Is there any accused who needs bail? This is silly. Everyone related with the trial should think about the flow of the trials,” he said.
He also expressed frustration about the six war crimes cases that are pending verdicts.