The International Crimes Tribunal 1 yesterday sentenced to death war criminal ATM Azharul Islam in its last verdict of the outgoing year on charges of committing genocide and crimes against humanity in Rangpur during the nine-month-long bloody Liberation War of 1971.
Azhar, currently an assistant secretary general of anti-liberation and communal party Jamaat-e-Islami, was a top leader of its student wing Islami Chhatra Sangha (now Islami Chhatra Shibir) in Rangpur during the war.
The three-member tribunal unanimously found Azhar, aged about 63, guilty of murder, abduction, confinement, torture, rape, persecution, and abetment of torture, looting and setting homes ablaze in rural areas of Rangpur.
“ATM Azharul Islam was a potential leader of ICS [Islami Chhatra Sangha] and also a leader of al-Badr Bahini, a ‘death squad,’ of the Rangpur district,” the verdict said.
The tribunal found evidence of Azhar’s physical participation in committing crimes during the massacres in Moksedpur Dhap Para and Jharuar Beel areas, and the abduction and killing of Carmichael College teachers.
Tribunal Chairman Justice M Enayetur Rahim and members Justice Jahangir Hossain and Justice Anwarul Haque pronounced the sentence after reading out the summary of the 158-page judgement.
Convict Azhar in off white Pyjamas and Panjabi, light brown jumper, brown shoes and glasses listened to the judgement sitting in a chair in the dock of the packed courtroom.
Just few minutes before completion of pronouncement of the judgement, when the tribunal chairman announced the death sentence, he stood up from the chair and shouted at the judges saying: “Dictated verdict, dictated verdict. I am totally innocent.
“Allahu Akbar, Allahu Akbar. Allah will do justice.”
The judgement, however, said: “It is well proved that accused ATM Azharul Islam had direct complicity and substantially contributed and facilitated in the commission of such barbarous types of crimes.
“No punishment other than death will be equal to the said horrendous crimes for which the accused [Azhar] has been found guilty beyond reasonable doubt.”
The Jamaat leader was given death sentence on each of the three out of six charges brought by the prosecution.
The tribunal gave Azhar 25 years’ rigorous imprisonment on one charge of abduction, confinement, torture, sexual violence and other inhumane acts while five years’ rigorous imprisonment on part of another charge of abduction, confinement and torture.
Azhar was acquitted in one charge related to an incident of murder, abduction, confinement and torture at different places of the Rangpur sadar area since the prosecution had failed to prove the allegations.
The tribunal also observed that the state should compensate and rehabilitate the Birangonas while every one should come forward to accept, recognise and honour them for their sacrifice during the war. It asked the government to include the sacrifices of the Birangonas in the curriculum of both school and college levels.
About the three charges, for which Azhar was handed down the death sentence, the tribunal said: “All the crimes, particularly...relating to genocide, murder of numerous unarmed innocent civilians and other inhumane acts as crimes against humanity were the worst and barbarous types of crimes and are particularly shocking to man’s conscience.” Justice would be met if Azhar was sentenced to death for each of the three incidents of offences, it added.
Azhar “be hanged by the neck till he is dead,” said the tribunal verdict, which will be implemented only if the Supreme Court upholds it after hearing appeal of the convict.
Azhar’s lawyer Tajul Islam said they would appeal with the Appellate Division of the Supreme Court against the verdict.
According to the Tribunal Act, both parties can appeal against tribunal verdicts in the war crimes cases within 30 days from the pronouncement of the judgement. On the other hand, the prosecution expressed satisfaction over the verdict while in many places of the country including the capital justice seekers hailed the death sentence.
Top leader of infamous al-Badr force, Azhar collaborated with the Pakistani Army in executing their plan and design in committing crimes against humanity and genocide all over the Rangpur district. After independence, he went into hiding. He joined the Jamaat after many years.
A few years back, he was serving as the acting secretary general of the party since Secretary General Ali Ahsan Muhammad Mujaheed had been arrested in a war crimes case. Jamaat has called for a shutdown today and tomorrow protesting the verdict.
Gallows on 3 charges
According to the judgement, Azhar went to Taxerhut Railgomti under the Badarganj police station by train around 1pm on April 16, 1971 along with the armed members of Jamaat and ICS, and the Pakistani Army, “in continuation of their planning and blue-print.”
They proceeded towards Moksedpur Dhap Para and on the way the Pakistani Army with the help of Azhar and his accomplices plundered many roadside houses and set them on fire.
Reaching Dhap Para, they attacked the Moksedpur village and started firing indiscriminately resulting in the deaths of unarmed civilians including Jangoli Bhorosha, Kerad Hossain alias Bishu, Chini Mye, Ammye, Momtaz Uddin, Mowlovi Abdul Quddus Ali, Tamir Uddin alias Tamiz Uddin, Moriom Nessa Kalti Mye, Sarijannessa alias Sukhi Mye, Yusuf Ali (sustained a bullet injury but died after independence), Shadhina, Azizar Rahman alias Khoka, Zahir Uddin and Osman Ali.
Azhar along with the armed members of Jamaat and ICS, and the Pakistani Army made widespread attack by setting fire to the villages of the Jharuar Beel area around noon on April 17. Being frightened, the people of those villages took shelter at the Jharuar Beel.
At that time, the convict and his accomplices having surrounded the Jharuar Beel killed about 1,200 unarmed women, men, students, babies and others.
Having caught hold of about more than 200 Hindu people and students from there, the attackers took them to an unknown place and killed them. At the time of the atrocities, many houses of that area were plundered and torched.
In the evening of April 30, Azhar along with the armed cadres of Jamaat and ICS, and the Pakistani occupation forces entered the campus of Rangpur Carmichael College. They abducted its teachers – Prof Chittaranjan Roy, Prof Sunil Baran Chakrabarty, Prof Ram Krishna Adhikari and Prof Kalachand Roy, and Manjusree Roy, Prof Kalachand’s wife, from their houses on the premises. They all were killed by Azhar and his accomplices in a pre-planned manner.
According to prosecution witnesses, they were killed near the Damdam Bridge of the Rangpur town when the lower halves of their bodies were kept under the ground and all of them were blind folded.
