The prosecution of the International Crimes Tribunal is preparing to file a case against Bangladesh Jamaat-e-Islami, for trial as an organisation engaged in war crimes in 1971.
Prosecutor Tureen Afroz said they would definitely file a case with the tribunal against Jamaat, for its role during the 1971 Liberation War.
Another prosecutor, Mokhlesur Rahman, said the case would be filed within this year. “Observations on Jamaat in the previous cases will be the main tools of the case,” he said.
On February 17, the government amended the ICT Act 1973, incorporating the provision to try political parties and organisations, alongside individuals, for the war crimes committed in 1971. It will allow organisations such as Jamaat to be brought before the special tribunals and charged for committing “crimes against humanity.”
The tribunal, in several verdicts, termed Jamaat “a criminal organisation.” Recently, in the case against former Jamaat chief Ghulam Azam, the tribunal asked the government to debar the supporters of the party from holding any positions in public and private organisations.
Similarly in the verdict on Kamaruzzaman, the tribunal said: “Jamaat-e-Islami had played a substantial role in organising and establishing its two wings, conceivably to join the military’s efforts. Therefore, based on old authoritative documents it is now part of history that Jamaat-e-Islami was chiefly responsible for playing a substantial role in the formation of paramilitary forces such as al-Badr, razakar, al-Shams and peace committees, and of course not with intent to guard the civilians and their property.”
Tureen Afroz said: “We are working on the issue after the verdict in the Quader Molla case. We all know about the role of this political party during the Liberation War. So they have no right to work as political party in Bangladesh.”
Globally, there are no examples where a party which engaged in war crimes enjoys organisational rights, she added.
The tribunal in its observation in the verdict on Ali Ahsan Mohammad Mujaheed said: “The victims and sufferers of the diabolical atrocities do have the right to know the role of Jamaat-e-Islami in 1971. And that is why considering it is quite pertinent; we have preferred to endorse our observations, in brief, rendered in the former case.”
In its judgement on the Ghulam Azam case, the tribunal said: “We are led to observe that Jamaat-e-Islami as a political party under the leadership of the accused Prof Ghulam Azam intentionally functioned as a ‘criminal organisation’ especially during the Liberation War of Bangladesh in 1971.”
The tribunal stated that Jamaat had played a “foul role” during the independence of Pakistan, under the leadership of the party’s founder Syed Abul A’la Maududi, and also during the independence of Bangladesh – this time under the leadership of Maududi’s disciple Ghulam Azam.
Hannan Khan, chief coordinator of the tribunal’s investigation agency, said: “Our officers are working with the prosecution team. We have got many documents as proof of anti-liberation activities of Jamaat. They have no right to conduct political activity in an independent Bangladesh.”