The International Crimes Tribunal 1 has kept another case, six cases in the last six months, awaiting for verdict after hearing arguments in the war crimes case against Jamaat-e-Islami leader ATM Azharul Islam.
After announcing the order, when prosecutor Zead-Al-Malum mentioned that the number of pending cases was increasing, the tribunal answered with smile: “When it [pronouncing verdict] starts, you will not get a chance to take rest.”
Malum claimed that they had been able to prove individual criminal responsibility, joint criminal responsibility and superior responsibility of the accused beyond all reasonable doubt.
With this, a total of six cases are awaiting verdict at the two tribunals including four with the tribunal 1.
Cases kept for verdict earlier by the tribunal 1 are of Jamaat chief Motiur Rahman Nizami, BNP leader and Nagarkanda municipality Mayor (fugitive) Zahid Hossain Khokon and former Awami League leader Mobarak Hossain. Moreover, the cases of senior Jamaat leader Mir Kashem Ali and former Jatiya Party lawmaker Syed Md Qaisar are pending with the tribunal 2.
The three-member tribunal 1, led by Justice M Enayetur Rahim, kept Azhar’s case for verdict after the prosecution concluded submitting rebuttal on the legal points raised by the defence.
Prosecutor Tureen Afroz gave the rebuttal saying: “The accused cannot deny his liability over the crimes. Since he played a role in those crimes, he can be held liable for that.”
She said the accused had maintained strong relation with the Pakistani Army during the 1971 Liberation War.
Citing the tribunal law, she differed with the defence that the prosecution could not demand compensation for war victims if the accused gets death penalty. According to section 20 (2), she said the accused may get death penalty or any other punishment, if convicted.
Azhar’s defence earlier claimed that compensation might not be applicable since the provision of punishment contained an “or.” Tureen argued that the term “or” was not optional if the tribunal considers the context.
Tureen concluded saying that the defence had miserably failed to create any doubt over the prosecution case. “We are demanding capital punishment for the accused considering all his crimes and also pleading for compensating for the rape victims.”
The prosecution concluded their closing arguments on August 26 while the defence on September 14. A total of 19 witnesses testified against Azhar. Of them, the seventh witness was declared hostile. The defence placed a relative of the accused to testify on his favour.
The 62-year-old Jamaat assistant secretary general faces six charges including murder, genocide and crimes against humanity committed during the war. An alleged al-Badr commander of Rangpur, Azharul was the former president of Rangpur district unit Islami Chhatra Sangha, then student wing of Jamaat.
He was arrested on August 22, 2012 and indicted on November 12 last year.
Meanwhile, the tribunal 2 yesterday set November 3 for submitting probe report against alleged razakar Forkan Mallik.
Forkan, 62, was arrested on June 25 following a warrant issued by a Patuakhali court in a case filed by Abdul Hamid of Shoulabunia on July 21, 2009 against Forkan for killing people in 1971.
After police investigation, the case was sent to the court.
In another case against two new war crime suspects from Chapainawabganj, the tribunal ordered to produce them before it on September 21.
Alleged razakars Mahidur Rahman, 84, a resident of Kaitanitola; and Afsar Hossain alias Chhutu, 65, from Rasunchak under Shibganj, were arrested on September 15.
