Declares war crimes tribunal in its first verdict; fugitive convict gets 30 days for appeal with SC
By Julfikar Ali Manik and Tuhin Shubhra Adhikary
The international crimes tribunal made history yesterday by
sentencing Abul Kalam Azad to death, in its maiden judgment, for
genocide and crimes against humanity during the Liberation War.
The
65-year-old fugitive, also known as Bachchu Razakar, was found guilty
of killing 14 Hindus, raping two women, torturing two other persons and
setting homes ablaze in Faridpur, his birthplace.
The judgment
turns the spotlight on the nine-month war in which the Pakistani army
along with its collaborators had killed three million Bangalees and
violated more than a quarter of a million women.
The nation
yesterday saw the first sentencing of a war criminal through a trial, a
demand that had remained pending since the country was liberated in
1971.
“We should not forget the millions of victims who deserve
that their tormentors are held accountable,” Justice Obaidul Hassan and
two fellow judges said in written summary of the judgment. “The passage
of time does not diminish the guilt. Justice delayed is no longer
justice denied.”
The long-cherished International Crimes
Tribunal-1 was formed in March 2010, but it was the Tribunal-2, formed
only in March 2012, that delivered the first verdict.
The
tribunals formed to prosecute, try and punish the perpetrators of crimes
are seen by many as a courageous endeavour to come out of the culture
of impunity in Bangladesh.
The prosecution had stacked eight
charges against the expelled Jamaat-e-Islami leader for crimes he
committed four decades ago in Faridpur.
But Tribunal-2 Chairman
Justice Obaidul Hassan and members Justice Md Mozibur Rahman Miah and
Judge M Shahinur Islam unanimously held Azad guilty in six charges
related to crimes against humanity and one for genocide.
The only
charge, which the prosecution failed to prove, was based on the
abduction, torture and confining of freedom fighter Abu Yusuf Pakhi in
Faridpur.
“In dealing with the charges we have found that the
accused Abul Kalam Azad alias Bachchu himself had physically
participated being accompanied by his armed accomplices to the
commission of crimes and as such he held criminally responsible for the
direct commission of crimes proved,” the judges said in the verdict.
Azad was sentenced to death for four of the charges, although found "guilty beyond doubt" in seven.
The
tribunal noted that he deserved imprisonment for the other three
offences but the court decided not to award separate sentences as he had
already received the death sentence.
For the four offences, he
will be sentenced to death and be “hanged by the neck till he is dead”
under the International Crimes (Tribunals) Act 1973, the tribunal said.
“Since
the convicted accused has been absconding the 'sentence of death' as
awarded above shall be executed after causing his arrest or when he
surrenders before the Tribunal, whichever is earlier."
Azad went
into hiding seven hours before Tribunal-2 issued an arrest warrant
against him on April 3, 2012. His trial was held in his absence and a
tribunal-appointed lawyer moved for him.
Since the tribunals
enjoy the status of High Court, a convict has the right to file an
appeal only with the Appellate Division of the Supreme Court within 30
days of the judgment delivery by the tribunal.
Azad will not have
the right to appeal unless he surrenders or is arrested within 30 days,
as a convict cannot appeal in absentia, some legal experts said.
But
other experts believe that if he is arrested or he surrenders after the
30 days and seeks the permission of the Appellate Division to file an
appeal, the apex court has the discretionary power to consider it.
“The
accused [Azad] cannot be considered merely as an absentee accused. He
is an absconded accused," said the Tribunal-2. “Evading trial for the
offences of which he has been charged with signifies his culpability
too. The accused deliberately waived his right to be present at trial.
This conduct adds further to his culpability."
"Therefore, the
fact of absconding of the accused can also be taken as an adverse and
material incriminating circumstance to reinforce the evidence and
circumstances available in the case," the judges said in the judgment.
According
to an official at Detective Branch of Police, Azad fled to India,
crossing the border in Dinajpur illegally -- without a passport or a
visa.
Some sources suggest that he is now in Karachi of Pakistan.
A
red alert will be issued through the Interpol to have Azad detained and
brought back home, Law Minister Shafique Ahmed said yesterday.
Several
hundred lawyers, journalists and observers gathered at the tribunal to
witness the maiden judgment delivery yesterday. Many could not get in
and had to wait outside. In parts of the country, people from a wider
spectrum of society took out celebratory processions.
A three-tier security measure was in place in and around the old high court building where the tribunals are situated.
After the verdict, many were seen unable to control happy tears.
Considering
the huge gathering and the tiny size of its courtroom, the Tribunal-2
judges sat in the larger courtroom of Traibunal-1 to deliver the
judgment.
Justice Obaidul Hassan, chief of Tribunal-2, started
reading out a 24-page summery of the verdict around 10:45am. It took him
an hour to finish.
The full judgment comes in 336 paragraphs on 112 pages.
"It
has been proved from testimony of witnesses that the accused had
directly participated to the commission of crimes as an armed member of
the Razakar force,” the tribunal said in its conclusion.
"Besides, we have found that for the reason of his atrocious acts in the locality, the accused was widely known as 'Razakar'."
As
per the law, the tribunal said, "An individual incurs criminal
liability for the direct commission of a crime, whether as an individual
or jointly."
On November 4, 2012, the tribunal indicted Azad, who used to regularly preach on a couple of private TV channels.
Since
November 26, a total of 22 prosecution witnesses, including victims and
family members of victims, and the investigation officer of the case,
testified against him.
The tribunal-appointed defence counsel failed to produce any witnesses due to “non-cooperation” of Azad's family members.
Sahidur Rahman, conducting prosecutor of the case, expressed his satisfaction over the verdict.
Defence counsel Abdus Shukur Khan said the accused did not get justice.
"The
accused will be benefited if he goes to the apex court against the
verdict," he said, adding that the tribunal-appointed counsel does not
have authority to file an appeal against the verdict.
Azad was
charged with the killing of Chitta Ranjan Das in Faridpur in 1971. In an
instant reaction to The Daily Star, his son Gopal Das said: "My
father's soul will now rest in peace."
He thanked the government for holding the trial.
"Like
me, thousands of sons, daughters and family members of martyrs are
waiting to see other war criminals walking the gallows," Gopal said.
Some
journalists rushed to Azad's home in Dhaka after the verdict but his
wife refused to open the door or talk to them. She, however, did say
that according to her knowledge, her husband was not involved in any
crime and that she does not know Azad's whereabouts.
PROVED CHARGES IN BRIEF
During
the first week of June 1971, Azad and his accomplices apprehended
Ranjit Kumar Nath alias Babu Nath from Khabashpur in Faridpur town and
took him to the Pakistani army camp at Faridpur Circuit House.
After
discussion with Pakistani Major Akram Koraishi and Ali Ahsan Mohammad
Mojaheed, Ranjit was taken to a house at Bihari Colony, kept confined to
a room there and tortured with the intent to kill, but he somehow
escaped. Mojaheed, now secretary general of Jamaat-e-Islami facing war
crimes charges, was a top leader of Islami Chhatra Sangha, the then
student wing of the Islamist party.
On May 14, 1971, Azad
accompanied by 10-12 armed Razakars attacked the village of Kolaran of
Boalmari in Faridpur. There, he shot landlord Sudhangshu Mohan Roy and
injured his son Monimoy Roy.
On May 16, 1971, Azad accompanied by
10-12 armed Razakars captured Madhab Chandra Biswas of Purura Namapara
village of Nagarkanda in Faridpur, about 300 yards from his house. He
shot Madhab to death.
On June 8, 1971, Azad along with 10-12 armed
Razakars attacked Natibodia village in Boalmari of Faridpur and took
away two females from the house. He along with four to five of his
accomplices raped them.
On June 3, 1971, Azad along with 10-12
armed Razakars launched a planned attack on the Hindu-dominated village
Fulbaria of Nagarkanda in Faridpur and looted houses.
Accompanied by seven-eight accomplices, Azad dragged out Chitta Ranjan Das from his house and shot him dead.
On
May 17, 1971, Azad accompanied by 30-35 armed Razakars launched a
planned attack on the Hindu-dominated Hasamdia village of Boalmari in
Faridpur. They looted and burnt houses of Hindu civilians and shot nine
Hindus to death.
On May 18, 1971, Azad along with seven-eight
armed Razakars attacked the house of Guru Das of Ujirpur Bazarpara of
Saltha in Faridpur and abducted his daughter and tortured her keeping
her locked up for seven to eight days.
The girl was released, but she committed suicide when the accomplices of Azad tried to take her again.
Click Here to See Summary of ICT Verdict in Abul Kalam Azad Case
Click Here to See Full Text of the Judgment
Click Here to See Charges in Full
Source:
The Daily Star, Dhaka, 22 January 2013; link: http://www.thedailystar.net/newDesign/news-details.php?nid=266151
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