Members of Jamaat-e-Islam’s Majlish-e-Sura in 1971 are likely to be summoned to defend the party’s role during Bangladesh’s Liberation War as the investigation agency of the International Crimes Tribunal recommends banning the “criminal organisation” and all its political wings.
A day before the nation’s 43rd anniversary of Independence, the agency yesterday disclosed its findings on Jamaat’s anti-liberation role, saying it had evidence of the party’s direct involvement with crimes against humanity.
It also suggested banning the religion-based party’s mouthpiece the daily Sangram.
To clarify who to stand in the dock during trial, Chief Coordinator of the probe body Abdul Hannan Khan said: “If they want, the central leaders of the party can defend in the court. Otherwise, the trial will begin in absentia.”
It would be the second international trial against an organisation for involvement in war crimes. German Nazi Party was tried in Nuremberg, Germany between 1945 and 1949 on charges of crimes against peace and crimes against humanity committed during World War II. Nazi chief Adolf Hitler had committed suicide before the trial began.
Hannan said: “The prosecution may urge the tribunal for confiscating the assets of Jamaat and its political wings that were in operation during the Liberation War including [then students’ body] Islami Chhatra Sangha [now Islami Chhatra Shibir].
“Policymakers, organisers, directors and all leaders and activists from all levels of these accused organisations are responsible for the said crimes.”
Most of the top leaders of Jamaat have already been convicted or indicted for their roles in 1971. One of them, Abdul Quader Molla, has been executed.
Investigation Officer Matiur Rahman disclosed the 373-page probe report before journalists at the agency’s Dhanmondi office in the capital. The agency is likely to submit the report to the prosecution next week. After a scrutiny, the prosecution will submit formal charges to the tribunal.
The probe follows a complaint lodged with the tribunal against Jamaat by the investigation agency on August 18 last year.
Asked if any other anti-liberation parties, including the Muslim League, would be tried for their roles during the war, Hannan said they would now focus only on Jamaat.
As per the party’s central decisions Jamaat members took part in atrocities along with the Pakistani army. “So, Jamaat cannot deny superior responsibility of these crimes,” Sanaul Huq, senior investigation officer, said.
The trial is now possible as on February 17 last year parliament amended the International Crimes (Tribunals) Act 1973 paving the way to try organisations for their crimes during the war.
The probe body has brought charges of seven kinds of crimes against Jamaat under section 3 (2) of the ICT Act, except for section 3 (2) (b) which is related to crimes against peace.
The offences are crimes against humanity, genocide and war crimes; violation of humanitarian rules of the Geneva Convention 1950; any other crime under international law; attempt, abetment or conspiracy to commit any such crimes; complicity in or failure to prevent commission of any such crimes.
An organisation can easily be punished for such offences in line with section 20 (2) of the ICT Act. If the allegations are proved, the provision states that the tribunal may give death penalty or any other punishment which may include ban or confiscation of property of an organisation.
The probe body has recommended banning Jamaat and its wings; closing its mouthpiece the daily Sangram; taking action against its financial institutions, and seeking compensation.
Prosecutor Tureen Afroz, who was present at the briefing, said after the trial Jamaat could never be able to function as a political party again with the same ideology.
On August 1 last year, the High Court declared Jamaat’s registration with the Election Commission illegal as its party charter contradicted the country’s constitution and the EC-related laws. The matter is now pending with the Appellate Division as the party filed an appeal against the judgement.
Investigator Sanaul said: “Our main strength is that we are using Jamaat’s own documents and books and newspaper clippings of its mouthpiece to prove the allegations.”
Investigation officer Matiur submitted 3,761 pages of documents, including books, research papers and magazines. He said they had also included some tribunal verdicts in which Jamaat was termed a “criminal organisation” and directives were given to take action against it.
Sources said the probe body mentioned some 70 persons, including victims, war crimes researchers and historians, as witnesses. The investigators so far took statements of 43 people. Prof Anisuzzaman, Shahriar Kabir, Dhaka University Vice-Chancellor AAMS Arefin Siddiqui, women rights activist Ayesha Khanam and Maleka Begum are on the witness list.
