The International Crimes Tribunal in its observation of the offence of rape committed during the Liberation War in 1971 yesterday said rape is “more than a murder.”
Tribunal 2 yesterday awarded death sentence to convicted war criminal Syed Md Qaisar in seven of the proved 14 charges against him, including his involvement in two mass rape incidents during the war.
Tribunal Chairman Justice Obaidul Hassan and members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam in their verdict termed the war crimes case against Qaisar unique as it involves mass rape during the Liberation War.
“The tribunal notes that rape or sexual violence, either during war or in peace, is a revolting act of robbery that takes the thing that cannot be given back. Mass rape is graver than murder,” the judges said in their verdict.
The verdict termed the rape incidents narrated in two charges against Qaisar “genocidal rape.”
“We fail to understand how the accused Qaisar being a Bengali Muslim actively aided, abetted and facilitated the commissioning of such beastly physical invasion upon the women which was worse than murder. Did it match any political ideology and humanity?” observed the tribunal.
One rape incident narrated in the case occurred at the dwelling shed of victim Hiramoni Santal, an indigenous woman, and another happened at the army camp, keeping victim Majeda in protracted captivity.
Hiramoni Santal could not come on dock to narrate her trauma due to old age complications.
However, a relative who had seen the attack and a witness testified the facts materially relevant to prove culpability of the accused.
Mass rape at the army camp upon Majeda made her pregnant and eventually she gave birth to a daughter. The war baby, Shamsun Nahar, has been in a life-long struggle for survival. But they both came on dock and narrated the trauma, ignoring social ostracism.
“They are brave women indeed,” said the verdict.
“Their testimony is a mere part of horrific scenario of physical invasion committed upon the countless women in the territory of Bangladesh in 1971, during the war of liberation by the Pakistani occupation army and their local collaborators.”
The prosecution in the case against Qaisar demanded compensation for the rape victims. While the tribunal was not against this view, it did not give any order in this regard as the International Crimes Tribunal Act does not mention any type of punishment of reparation.
The tribunal said in the verdict: “From humanitarian point of view, there has been no scope to disagree that the victims of crimes, especially the victims of war time rape, must have something like ‘reparation’ or ‘compensation’ that can reduce their continuing sufferings and trauma, as emphasised by the learned prosecutor.
“We must say that the state cannot ignore designing programme removing the stigma of rape by honouring and compensating the victims for the supreme sacrifice they laid and also to provide long-term support to them aiming to see that the ripple effects do not continue to haunt our society and community in the days to come.”
The tribunal observed that the government may take immediate initiative of forming a scheme or board for reparation or compensation for the “war time rape victims who sacrificed their supreme self-worth for the cause of our independence.”
It observed that although more than four decades have already elapsed, the war rape victims and the war babies who are still alive and have been suffering from long-term psychological effects of rape that often include many types of disorders, such as, panic attacks, flashbacks, feeling of shame and dishonour, sense of insecurity and many other disorders affecting normal livelihood.
“These effects can last even lifelong if the victims and war babies born as a result of sexual violence does not get support and care form the society and the state,” observed the tribunal.
“The nation must raise a collective voice that they are war heroines. They are brave ‘freedom fighters’ as they too sacrificed their supreme self-worth, for the cause of our independence.”
The judges said: “The war-time rape victims are our great mothers and sisters. We cannot shut our eyes any more. The nation, the society must come forward to recognise and salute their sacrifices, to heal their wound, to compensate the barbaric wrongs done to them.”
The rape victims are an integral part of our war of liberation. “They are our pride.”
The tribunal said war child Shamsun Nahar “is the symbol of the trauma.” Shamsun Nahar gave witness deposition before the tribunal in the case.
“It is true that the trauma they sustained can never be minimised,” said the verdict.
The tribunal said the Ministry of Liberation War Affairs, Ministry of Social Welfare, social organisations and NGOs are expected to initiate prompt and necessary steps first, in a coordinated way, to identify the war time rape victims and war babies.
It also suggested identifying the secondary victims of rape and then formulating effective programmes aiming to honour them, reducing their disorders resulted from the trauma and stigma they sustained and also making an arrangement for providing them with monthly honoraria.
