The two state defence counsels, Salma Hye and Abdus Shukur, who have been conducting war crimes cases for accused fugitives, said the journey to ensure justice for their clients has not been easy, as the accused did not cooperate.
After the appointment, they had been thrilled to become part of the International Crimes Tribunal, said the counsels who represented Chowdhury Mueen Uddin and Ashrafuzzaman Khan at the tribunal. However, they were wrong since the fugitives had never revealed themselves.
Salma and Shukur have dealt cases against five accused war criminals. They worked together in the case against Abul Kalam Azad alias Bachchu Razakar, Salma individually was appointed for Salauddin Quader Chowdhury and Chowdhury Mueen, while Shukur for Ashrafuzzaman and Zahidul Hossain Khokon.
Mueen and Ashraf were among the “most wanted” after the Liberation War for abducting and killing intellectuals. Their pictures were published in newspapers with a call for their capture.
On May 27, the war crimes tribunal ordered to begin trial against the duo in absentia, as they had not appeared before it despite being called through advertisements in newspapers. After the framing of charges, the tribunal asked the state-appointed defence counsels to submit a list of witnesses, if they had any.
The hurdles began on how to obey the order when they have no clue about the accused, their addresses or contact numbers. Then they started with documents given by the prosecution and sent some people to the village home of the accused.
Shukur said the journey was not fearless and smooth. “We did not have any contact number of the accused; we also do not have relatives who could send us any information from the USA and London.”
Asked how they managed, Shukur said: “After the indictment order, I personally urged relatives and family members of the accused through the media to come up with documents and information so that I could defend the client properly.”
Salma, the counsel for Mueen, also did the same thing. However, they claimed that nobody had contacted them.
As state defence counsels, they also faced criticisms for their appointment. The accused did not cooperate with them. However, at the same time, nobody from the prosecution tried to influence them.
Furthermore, the tribunal always told us to work professionally and not to be biased. “Those who criticise us have to realise that we are not appointed by the government, but the state,” said Salma.
The counsel said since the accused or their families had not helped them, she had to rely on documents. “Whenever we went to face the tribunal, we kept in mind that we have to win and our clients are our first priority.”
According to the investigation agency, Farida Banu, sister of martyred Prof Giasuddin, filed a criminal case with Ramna police in 1997 against Mueen and Ashraf for the killing of her brother and seven others at the DU campus on December 13, 1971.
Salma collected all those papers. She said, “I tried to collect those papers that can prove innocence of my client. But sometimes I got upset too.”
She said, “As I was born after the liberation, I was not aware of many things. Both of us got upset during different steps of the trials.” For example, when relatives of the martyred including wives and children came and cried out in the witness’ dock at the time of deposition, “we felt sorry, and sometimes I questioned myself whether I was doing the right thing or the accused was actually involved. But the next minute, I reversed myself and was determined to rescue my client.”
Shukur said, whenever he entered the tribunal room he did not think of anything else. “Like other criminal cases, I came here to fight on behalf of my client.”
Salma said she read books on Liberation War including the writings of Prof Anisuzzaman, Jahanara Imam and so on and tried to find her client’s involvement. “But nowhere had I found the name on Chowdhury Mueen Uddin as a planner of the killing of the intellectuals.”
Both of them said they would do better with the case had the accused cooperated with them.
Mentioning the interview of Mueen that was aired on Al Jazeera after his indictment in July, she said: “I think he said many things that helped me; indirectly, he gave me information.”
Citing the case against Bachchu Razakar, the counsels said they could get a son of the convict to communicate but he had refused to assist them, as the family was not sure about their role at the tribunal. They only said Bachchu had been out of the country and that Jamaat denied to help them as he was expelled from party.
The state defence counsels now hope that in the case against fugitive Khokon Razakar, the sitting mayor of Nagarkanda municipality of Faridpur, they will able to involve the family to prove his alibi.
In addition, vice-chairman of Nagarkanda upazila unit BNP, Khokan Razakar was indicted on October 9 on 11 charges of crimes against humanity including genocide, murder of Hindus and conversion of religion during the 1971 Liberation War.