For the first time in Bangladesh history, the prosecution of the International Crimes Tribunal is ready to deal with the war crimes charges levelled against the Jamaat-e-Islami for its role during the 1971 Liberation War. With this step, Bangladesh is going to reach a milestone in the war crimes trials that began in 2009.
The prosecution is now mainly concentrating on this case and the formal charges may be placed this month. The investigation officer says the journey to prepare the probe report was not so easy.
In the past, seven Nazi organisations, including the Reich Cabinet, Hitler’s paramilitary force and Gestapo, and the secret police force of the Nazis, were tried at the historic Nuremberg Tribunal in Germany for war crimes committed during World War II.
The prosecution, however, claims that the case in Bangladesh is different from the Nuremberg Trials in some ways. After facing significant initial challenges, the prosecution thinks they have brought more order to their case. They may seek stern punishment following similar patterns in other international courts.
Jamaat is likely to face charges of committing war crimes, genocide and crimes against humanity, and violation of Geneva Convention 1949, and other international laws. The prosecution may seek declaring it a criminal organisation, imposing a ban on the party and its student body Islami Chhatra Shibir, realising compensation, and slapping fines.
While the activists want a quick trial, they are also concerned about a thorough and proper investigation leading to formal charges. Some legal experts argue that the International Crimes (tribunals) Act 1973 does not have any specific provision on punishment of any organisation.
Prosecutor Tureen Afroz thinks this is been solved. “Section 20 (2) of the ICT Act suggests that the judges can mete out any punishment to a person, if convicted, ranging from death penalty to ban. The definition of ‘person’ is clearly defined in our ‘General Clauses Act.’ Here the person means both natural person and legal person. So, Jamaat can be punished under the ICT Act as a legal person,” she explained.
Investigation Officer Matiur Rahman said: “We have got adequate declassified information from home and abroad, and witnesses to prove the war crimes allegations against the party. Many of our so called pro-liberation intellectuals have refused to help us, while insiders also tried to discourage us by saying that the Act does not allow to try any party.”
The government in February last year amended a provision of the ICT Act to allow trying a group and political party. Earlier, only individuals could be brought under trial.
Jamaat was banned twice during the Pakistan regime, in 1959 and in 1964, for its communal role. It was banned again just after the independence of Bangladesh. But it was allowed to resume politics during the regime of BNP founder Ziaur Rahman.
War crimes activist Shahriar Kabir said: “If the party is charged with war crimes, it would be the first such case in Bangladesh. Trial of Jamaat has been a longstanding demand of the people.”
Sculptor Ferdousi Priyabhashini, a Birangona of the war, observed that those who had acted against the nationa’s independence, and misused their position must face trial. “It will be a landmark in our history and consolation for the victims’ families.”