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War Crimes

Trial Mollah, Alim defend themselves

Staff Correspondent
The defence of Jamaat leader Abdul Quader Mollah and former BNP lawmaker Abdul Alim placed arguments before the International Crimes Tribunal-2 seeking their discharge from the cases of crimes against humanity.
Placing arguments for Quader, Abdur Razzaq, chief defence counsel, told the tribunal, "There is no reason behind holding the trial after 40 years, other than teaching the political opponents a lesson. "When all their [ruling Awami League's] efforts to isolate Jamaat from BNP-led four-party alliance and bifurcate the Jamaat through creating internal feuds have failed,” said Razzaq, “they [the Awami League] clamped down on the Jamaat by raising the false issue of war crimes against the top Jamaat leadership.
"When they found it difficult to try Jamaat leaders under the 1973 Act [International Crimes (Tribunals) Act-1973], they made suitable amendments in 2009,” he said.
Razzaq claimed that the purpose of the International Crimes (Tribunals) Act, 1973 was only to try 195 Pakistan army men for committing crimes against humanity during the Liberation War and there was no scope to try any civilian under the act. There was the collaborator act for trying civilians, he said.
But the 1973 act reads, “A tribunal shall have the power to try and punish any person irrespective of his nationality who, being a member of any armed, defence or auxiliary forces commits or has committed [crimes], in the territory of Bangladesh, whether before or after the commencement of this Act..."
The government brought amendment to the act including the words "any individual or group of individuals” in 2009.
Razzaq claimed that the 195 Pakistan army personnel were the principal accused of atrocities. Citing
some court verdicts he said any of their abettors could not be tried unless the main accused were tried.
An Awami League-led government was in power between 1996 and 2001 but they did not take any initiative to hold the trial, said Razzaq, adding that the prosecution failed to explain the reason behind the delay.
Quader, who is facing seven charges of crimes against humanity, was produced in the dock yesterday. The defence counsel read out the discharge petition on Tuesday.
In the formal charges, the prosecution had said Quader was known as a butcher since he and his accomplices— Razakars and Al Badrs— created a horrendous situation in Mirpur and surrounding areas committing crimes against humanity.
The three-member Tribunal-2, headed by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge M Shahinur Islam, adjourned the proceedings against Quader until May 13 following the time petition from the defence.
After the lunch break, Tajul Islam, one of the defence counsels of Abdul Alim, placed arguments supporting discharge of his client.
Tajul said on March 9, 1972, a case was filed against Alim under the Collaborators Act and he was shown arrested in that case on March 13 that year and a charge sheet was submitted against him on April 8.
Later, a tribunal allowed a
prayer of special public prosecutor to withdraw the case and investigate further. In 1974, the then President Sheikh Mujibur Rahman granted general amnesty and thereby the case against Alim was stored.
Tajul said his client was released because of “scanty evidence” against him.
He said although the prosecution mentioned Abdul Alim as the chairman of Joypurhat Peace Committee during the Liberation War, they failed to proveit.
Earlier, Prosecutor Rana Dasgupta had told the tribunal that Alim, an influential leader of East Pakistan Conventional Muslim League, formed Peace Committee and Razakar Bahini (two collaborator forces) in Joypurhat in 1971 and committed killings, genocide, rape, looting, arson and other crimes against humanity in association with the auxiliary forces and the Pakistan army.
Tajul said the Razakar force was formed under the Razakar Ordinance on August 2,1971 but the prosecution told the tribunal that Alim formed the force in May.
It was not possible, said Tajul, adding that the prosecution failed to provide documents in this regard.
To this, Rana Dasgupta objected and said Razakar force was formed earlier but it was given legitimacy later through the ordinance.
The tribunal would resume hearing the defence today.
Alim is facing 74 charges of crimes against humanity.