The prosecution yesterday concluded their closing arguments in the case against Jamaat-e-Islami leader ATM Azharul Islam, an alleged al-Badr commander of Rangpur, demanding his capital punishment.
At the same time, the prosecution pleaded for compensation to a victim of sexual torture. The victim testified at the tribunal as the first prosecution witness. She was confined at the Rangpur Town Hall camp and raped for 19 days resulting in the miscarriage of her baby.
According to International Crimes (Tribunals) Act, 1973, death sentence is the highest punishment.
When prosecutor Tureen Afroz termed Azhar a brute for the first time, the defence reacted and said they never thought that such a term could be used by the prosecution.
On the seventh day of prosecution’s part, Tureen placed arguments on legal points for more than two hours.
The prosecution submitted arguments on “other inhuman acts” as it is included in the charges. Besides this, the tribunal also questioned how the charge of deaths of over 100 people could be justified by the recovery of only five bodies without placing any evidence on the other victims.
Tureen answered quoting many decisions including ICTY Appeals Chamber in Kvocka: “It is not necessary to establish that the body of the deceased person has been recovered.”
She also cited from second tribunal’s judgement in the case against Ali Ahsan Muhammad Mujaheed where the tribunal mentioned that to prove the offence of murder as crimes against humanity, locating the dead body is not necessary, as such crime is committed in a context and as a part of pattern-based attack and not as an isolated crime.
Tureen placed her long argument on charge number five, which is for abetting and facilitating the rape of a victim, who testified at the tribunal.
Terming the Town Hall of Rangpur a “rape camp,” the prosecutor added that it was one of the many camps that had been raised and run by the anti-liberation forces in 1971. She added: “Azhar helped the Pakistani occupation forces to abduct and confine women in that camp, who were later treated as sex slaves. The person, who can facilitate such crimes in a rape camp, cannot be called anything other than an animal.”
Before her, prosecutor Rezia Sultana submitted arguments on the defence case of alibi. She said the defence through its lone witness had failed to prove the absence of accused Azhar.
On Monday, when prosecutor Tapos K Baul was placing argument on the charges, the tribunal asked him about placing less evidence on Rangpur Town Hall and asked why they did not place more by focusing on the torture cell.
Tureen replied to the query yesterday. “The decisions of other tribunals stated that it would be entirely speculative and inappropriate for the tribunal to enter into a consideration of what other evidence could have been brought.”
At the end of the argument, replying to a question of the tribunal on whether there was any opportunity in the conventional law to provide compensation to the victim, Tureen said: “The accused may be ordered to pay adequate compensation to the first prosecution witness for the social dishonour, ostracism and isolation the victim had to suffer for his heinous act of 1971.”
The tribunal adjourned the hearing until today rejecting to even hear a plea from the defence to give them one-week time for preparation. The tribunal said: “At this stage, you cannot place this type of petition.”
A total of 19 witnesses testified against Azhar. Of them, the prosecution declared their seventh witness hostile. On the other hand, the defence produced a single witness in favour of the accused.
