The International Crimes Tribunal 1 yesterday ended hearing of arguments, last stage of the judicial proceedings, after the prosecution’s rebuttal in the case that indicted Jamaat-e-Islami chief Motiur Rahman Nizami for crimes against humanity.
However, the three-member tribunal, led by Justice ATM Fazle Kabir, kept the scope open for the defence to submit a written reply, if they wanted.
Against the defence’s claim that “incitement” was no war crimes, prosecutor Tureen Afroz yesterday referred to judgements of other war crimes tribunals around the world. She said Nizami’s address during the Liberation War had caused havoc upon the people of the country “is nothing but incitement – a separate offence which is punishable under the tribunal law as well as international laws.”
She mentioned that incitement was also connected with all types of crimes, not only with genocide. “It is not a new invention as it is included in the Penal Code of 1860 as instigation.”
On Monday, the defence claimed that Nizami had addressed “to protect his beloved country from enemy and it is a duty of every citizen to do so.”
The prosecutor urged the bench to consider the verdict in the case of Ali Ahsan Mujaheed, then chief of Islami Chhatra Sangha (Jamaat’s student wing) of Bangladesh chapter from October, for leading al-Badr force.
“As al-Badr was mainly formed by the Chhatra Sangha men and admittedly, Motiur Rahman Nizami was chief of the student wing of Jamaat before October in 1971 and became chief of all Pakistan Chhatra Sangha, he deserves death,” said the prosecution.
Tureen said: “According to the many judgements of many war crimes tribunal, a leader has to address considering the consequences and how the audience will take the speech.” Since Nizami’s address had poisoned the brain of al-Badr men that resulted in atrocities on people in the name of protecting Islam, he could not evade his responsibility, she argued.
After her argument, defence counsel Tajul Islam alleged that the prosecutor had been trying to mislead the tribunal and the defence needed time to present the reality.
But the tribunal said they did not believe everything what both the sides presented their arguments. It also said there was no scope for the defence to place verbal contention by after the rebuttal of prosecution. “If you want to argue, submit in written form, and the hearing is closed,” said Justice Kabir.
Nizami was indicted on May 28 last year for committing crimes against humanity including murder, rape, arson and inciting violence in Pabna and Dhaka during the nine-month-long war when some three million people had been killed.
A total of 25 witnesses testified against the war crimes suspect while four gave their depositions in favour of the Jamaat chief.
Contempt case against Khandker Mahbub Hossain
The same tribunal yesterday set December 24 to hear the show cause notice served upon Bangladesh Bar Council Vice-Chairman Khandker Mahbub Hossain for his threat to prosecute the persons connected with the war crimes trial.
Also an adviser to the BNP chief, Khandker Mahbub on October 1, after the verdict that hanged BNP Standing Committee member Salauddin Quader Chowdhury, made the remarks.
The tribunal fixed the date in response to a time petition by the accused through his lawyer Tajul Islam.
