A war crimes tribunal has sentenced to death Jamaat-e-Islami chief Motiur Rahman Nizami, who masterminded the intellectual killings of 1971, for committing crimes against humanity during the Liberation War in collaboration with the Pakistani occupation forces.
The verdict in the case against Nizami, 71, yesterday removed all speculations and concerns regarding the unexpected time lag of about a year for the judgement.
Nizami, the successor of Jamaat guru and the most infamous war criminal Ghulam Azam, has been found guilty of committing genocide by killing professionals and intellectuals, mass killing, rape, persecution and deportation, detention of unarmed civilians, and taking part in conspiracy of committing crimes in 1971.
He was at the helm of a “death squad” named al-Badr that worked as an auxiliary force of the Pakistan Army to kill around 30 lakh Bangalis, rape more than 2.5 lakh women, force over 1 crore people to take refuge in India and displace scores of others internally, and widely destroy properties.
Notorious force al-Badr was formed with the members of Islami Chhatra Sangha, then Jamaat’s student wing, to eliminate Bangali intellectuals in a planned way. In a judgement, a tribunal earlier termed Jamaat a “criminal organisation.”
“No punishment other than death will be equal to the horrendous crimes for which the accused [Nizami] has been found guilty beyond reasonable doubt,” the International Crimes Tribunal 1 said in the verdict yesterday.
“Considering the extreme gravity of offences committed, it is indeed indispensable to deliver justice to the relatives of brutally murdered intellectuals, professionals and unarmed civilians.
“We are of the unanimous view that there would be failure of justice in case ‘capital punishment’ is not awarded for all the murders forming ‘large scale killings’,” the verdict says. “He [Nizami] be hanged by the neck till he is dead.”
Sixteen charges were brought against the former minister by the prosecution in 2011 for committing crimes during the nine-month-long bloody war. The three-member tribunal headed by Chairman Justice M Enayetur Rahim unanimously found him guilty in eight charges and acquitted in eight others.
Justice Jahangir Hossain and Anwarul Haque are the two other members of the tribunal.
Of the proven eight charges in which Nizami has been convicted, the court awarded him death sentence in four and life-term imprisonment in the others.
However, the prosecution failed to prove eight charges, four of which were regarding incitement.
Click to download the judgement
In the verdict that sheds light on the freedom struggle of Bangalees from Pakistan, the tribunal said: “In the light of evidence...we are led to hold that the accused [Nizami] as the chief of both ICS [Islami Chhatra Sangha] and al-Badr Bahini had civil superior responsibility in the commission of offences of crimes against humanity and genocide pursuant to their plan and design.
“Motiur Rahman Nizami as the chief of both ICS and al-Badr Bahini for his acts, provocative speeches and culpable association with the ‘criminal organisation’ al-Badr, is criminally responsible for all criminal activities committed by al-Badr Bahini and shall also be liable to be punished because of his superior status.”
Examining oral, documentary and circumstantial evidence, the judges said: “We are fully convinced that during the War of Liberation of Bangladesh, the accused as the president of Islami Chhatra Sangha [now Islami Chhatra Shibir] as well as a high command of al-Badr Bahini actively participated in the atrocities committed in the occurrences...in Pabna and Dhaka in collaboration with razakars, al-Badrs and the Pakistani occupation forces.”
The tribunal described the killing of hundreds of unarmed civilians and numerous intellectuals and professionals as “massive human rights violations.”
“The fierceness of the events of ‘intellectual killing’ and the ‘mass killing of unarmed civilians’ were extremely detrimental to basic humanness. It deserves to be evaluated as ‘crimes of serious gravity’ intending to demean the human civilisation.
“Designed plan, pattern of such large scale killing of intellectuals, professionals and unarmed civilians...not only increases the magnitude of the crimes but it has imprinted untold trauma to the nation,” the verdict said. “Letters of law cannot remain non-active to the enormous colossal and unspeakable pains being carried for decades together by the relatives of martyred intellectuals, professionals, unarmed civilians and the nation too.”
Further justifying the death sentence, the tribunal said: “...there would be failure of justice in case ‘capital punishment’ is not awarded for all the murders forming ‘large scale killing,’...as the same indubitably trembles the collective conscience of mankind.”
On the matter of superior responsibility, the tribunal said Nizami had exercised his superior position in transforming Chhatra Sangha into al-Badr “knowing the consequence of his actions that substantially encouraged, approved and provided moral support to the members of al-Badr Bahini in committing crimes against humanity, genocide including intellectual killings all over Bangladesh.”
His superior power, a position and authoritative influence on al-Badr was a fair indication to hold that he had “causal relationship with the members of al-Badr” as his subordinates having effective control over them.
“Thus, he cannot be relieved from the responsibility for the planned crimes committed by the members of al-Badr Bahini with whom he had de facto superior-subordinate relationship.
“It is evident on record that during the Liberation War the accused gave a lot of provocative speeches before members of ICS [Chhatra Sangha]...On the other hand, the prosecution has successfully proved that the accused enjoyed superior status because of his position as the chief of Islamic Chhatra Sangha [ICS] and ex-officio chief of al-Badr Bahini.”
About Nizami’s inaction to stop atrocities, the tribunal said: “It is evident that the accused as the ‘civil superior’ did never take any measure to prevent his subordinates i.e. members of al-Badr Bahini from committing the crimes against humanity and genocide in question.”
War criminal Nizami was made minister during the BNP-Jamaat-led four-party alliance government’s rule in 2001-2006. The judges in their verdict termed his appointment as a minister “a great blunder” and “shameful act” which was disgraceful for the nation as a whole.
In white panjabi, brown waistcoat, white pyjamas, chocolate Jinnah Cap and brown pump shoes, Nizami was sitting in the dock on a chair all through the 90 minutes the tribunal took to read out the shorter version of the 204-page judgement.
He was wearing the cap while being taken to the courtroom on first floor of the tribunal building from lock up on the ground floor. But after reaching the dock he took the cap off and kept it on a tiny wooden shelf in the dock. He reclined on the chair and listened to the verdict keeping his eyes closed.
The judges began reading the judgement at 11:05am in an overcrowded courtroom and completed its delivery at 12:25pm.
Just after the judgement, police took Nizami to the lock up of the tribunal. He had his lunch there.
Nizami’s son Nazibur Rahman brought Khichuri and omelette cooked at home, he told the Dhaka Tribune. He also brought shawarma and sandwich from Swiss snacks shop, orange, papaya and a bottle of water.
His son refused to make any remarks after the verdict and referred to the Nizami’s counsel.
The prosecution and justice seekers hailed the verdict while an unhappy defence said they would file an appeal against the verdict with the Appellate Division of the Supreme Court.
Though the tribunal sentenced Nizami to death separately for each of the four charges and life term in four others, the tribunal said: “However, as and when any one of the four ‘sentences to death’ will be executed, the other three sentences of death and the sentences to ‘imprisonment for life’ would naturally get merged into the sentence to death first executed.”
The convict will be able to appeal within 30 days from the verdict delivery, as per the International Crimes (Tribunals) Act, 1973. On the other hand, the prosecution can appeal against the acquittal of Nizami in eight charges for conviction and also seeking capital punishment in four charges if they believe the life term is inadequate.
Death on four charges
For committing conspiracy, murder, rape and deportation of the civilians of villages of Baousgari, Ruposhi and Demra: On May 10, 1971, Nizami invited the inhabitants of village Baousgari under Santhia police station of Pabna to gather at Baousgari Ruposhi Primary School around 11am for a meeting. He addressed the villagers saying that soon the Pakistani Army would arrive there to secure “peace” in the area. Indeed, the army arrived between 6 and 6:30am on May 14 along with razakars and Asad, an accomplice of Nizami. They surrounded the villages of Baousgari, Ruposhi and Demra, and picked up around 450 civilians who were all shot dead. The entire operation was carried out pursuant to pre-arranged plan to indiscriminately eliminate unarmed civilians. After killing them, the Pakistani Army and razakars then raped about 30-40 women, as a result of which, many of the raped victims were forced to leave the country and, as such, effectively deported to India as refugees. The razakars, comprised of the followers of Nizami, were organised under the direction of the convicted Jamaat leader.
For committing murders, rape and persecution in village Karamja: Between April 24-25, 1971, as per Nizami’s directives and planning, he himself with the help of local razakars including Razakar Afzal killed Habibur Rahman Sarder of Purbo Karamja at the bus stand for helping the freedom fighters. Thereafter, sequence to his same plan, in the early morning on May 8, a member of al-Badr Bahini, Rafiqunnabi Bablu, along with razakars and the Pakistani occupation forces reached Karamja and surrounded the house of Megha Thakur and killed Megha Thakur, Sosthi Halder, Adu Halder, Daru Thakur, Kartik Halder, Suresh Chandra Halder, Deju Halder, Mohammad Fakir Chand, Santi Halder and Murali Das in that house by firing shots. Tara Halder was injured and somehow managed to escape. Later the members of the Pakistani Army with the help of razakars raped Shibani, the daughter of said Megha Thakur, his daughter-in-law and two other Muslim women. After the departure of the Pakistani Army, the razakars looted the belongings of Megha Thakur and torched the house of Wahed Pramanik.
Involvement and responsibility for murder of 22 unarmed civilians: Around 3:30am on November 27, 1971, Nizami along with razakars and members of the Pakistani occupation forces raided the house of Dr Abdul Awal and other adjacent houses in Dhulaura village on the pretext to capture freedom fighters. Around 6:30am, Nizami along with his accomplices got hold of a number of men, women and children, and placed them all together in the playground of Dhulaura School, where around 30 unarmed villagers were indiscriminately killed by gun shots.
For committing genocide by killing professionals and intellectuals: Throughout the period when atrocities committed in Bangladesh, convicted war criminal Nizami as president of the Islami Chhatra Sangha and head of al-Badr, an auxiliary force of the Pakistani Army, committed atrocities all over Bangladesh over the period. But when their defeat was imminent, these two organisations mounted Gestapo-like attacks to devoid Bangladesh professionals and intellectuals, amongst others. They launched mortal blow to free and independent Bangladesh, by selective elimination of respected professionals and intellectuals, found their homes, dragged out, often blind-folded, tortured, murdered and their dead bodies then dumped in mass-graves and other places. Such well-orchestrated and finely-executed plans were implemented on or around December 14 to eliminate a group of individuals who were all members of a national, ethnic and racial group.
Life imprisonment in four charges
For causing arrest, detention, torture and killing of three victims including Kasim Uddin: On June 4, 1971, Kasim Uddin, the head Maulana of Pabna Zila School and a social worker, was apprehended by the Pakistani invading force at the instigation of Nizami. Kasim was severely tortured in presence of Nizami in the army camp at Nurpur Wapda Power House in Pabna town as he was perceived to be a supporter of the Liberation War. On June 10, he was taken to the bank of Ichhamoti River along with two other persons and shot dead at the instance of Nizami.
For committing different international crimes at Physical Training Institute, Mohammadpur, Dhaka: As a leader of Chhatra Sangha, convicted Nizami along with other leaders of Jamaat-e-Islami started to pay visit to Physical Training Institute, Mohammadpur, Dhaka since early May 1971. The institute was turned into a training centre for various auxiliary forces including razakar and al-Badr. Subsequently, it was also used as a Detention Camp and Torture Cell. Here many victims were always liquidated after inhuman torture. It was also a centre in which many victims had been eliminated and executed in a pre-arranged manner. As the chief of al-Badr, Nizami conspired with the Pakistani Army officers in order to commit different crimes against Bangalees during his visit to the institute. As a result, the auxiliary forces along with the Pakistani invading force committed different international crimes and crimes against humanity all over the country.
Complicity in torture and murder of Sohrab Ali of village Brishalikha: After the midnight on December 3, 1971, on receiving information from Nizami and the razakars, the Pakistani Army surrounded Brishalikha village and arrested Sohrab Ali from his house around 5:30am. Sohrab was taken to the road and tortured inhumanly and asked about the whereabouts of his son Md Abdus Selim Latif. Failing to extract information, he was shot dead in presence of his wife and children.
Killing of Badi, Rumi, Jewel and Azad at MP Hostel, Nakhal Para in Dhaka: On August 3, 1971, Nizami being the president of Chhatra Sangha as well as head of al-Badr force and accompanied by Ali Ahsan Mujaheed, the secretary general of East Pakistan Chhatra Sangha, visited the army camp at Old MP Hostel in Nakhalpara area of the capital. Nizami verbally abused detained Jalal, Badi, Rumi, Jewel and Azad. He also asked the Pakistani Army officer to kill all of them before the proclamation of general amnesty by the president. Following the instigation, all of them were killed, except one.