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War Crimes Charges

Arguments against Mojaheed completed

Staff Correspondent
The prosecution and the defence yesterday completed their arguments over charge framing hearing against Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed in connection with crimes against humanity committed during the Liberation War.
The three-member International Crimes Tribunal-2 headed by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge M Shahinur Islam, however, did not fix date for passing the order on charge framing as hearing on two prosecution petitions are pending.
The tribunal is scheduled to hold hearing on the petitions — one to allow an additional witness in the case and the other for an additional charge against the Jamaat secretary general — today.
Abdur Razzaq, chief of the defence, yesterday started arguments with charge number eight, which says the accused at a rally in Bogra urged people to cooperate with the Pakistani army.
"Defending Pakistani army is not a crime," Razzaq argued.
"Why did the Pakistani army require people's cooperation?" asked Judge Shahinur Islam.
Razzaq replied that after the declaration of independence on March 26, 1971, battle started between Pakistan and Bangladesh armies [Mukti Bahini] and "[suppose] I supported the Pakistani army, was it a crime?"
Justice Obaidul Hassan said 195 Pakistan army officials were identified as war criminals. "Didn't you support the atrocities [committed by the Pakistan army by supporting them]?"
"Only 195 Pakistan army personnel were accused, not the entire army," replied the defence chief.
Like the previous day, Razzaq said although Mojaheed visited different districts and delivered speeches during the War, the prosecution have failed to establish "causal link" between the speeches and the alleged crimes.
But his claim was challenged when he read out the charge number 11, which says
Mojaheed delivered a speech in a mass rally at Baitul Mukarram on November 7,1971.
In the rally, Mojaheed said no library would be allowed to have books written by Hindu writers or their associates from the next day. If they did so, people who believed in Pakistan would destroy those books, he added.
After that speech, books from the Ram Mohan Library of the Brahma Samaj at city's Patuatuli were looted, cites the charge.
"Was not it a crime, if we consider the incident to be true?" Shahinur Islam asked Razzaq.
Looting books cannot be a war crime, replied Razzaq.
Shahinur asked whether the incident can be considered under section 3(2) (f) of the International Crimes Tribunals Act, 1973. Section 3(2) (f) of the Act says, "Any other crimes under international law."
"It may be, but the prosecution did not bring the charge under the section," replied Razzaq.
The prosecution alleged Rumi, son of writer Jahanara Imam, along with four others was killed on August 30, 1971 after Mojaheed and Jamaat chief Motiur Rahman Nizami had told the Pakistani army they needed to be killed before a general amnesty was declared.
Refuting the charge, Razzaq said, "The allegation is pretty vague and unspecific."
"Was a charge framed against Nizami in this connection?" Justice Fazle Kabir asked the prosecution.
Prosecutor Muklesur Rahman Badal replied positively.
Razzaq said charges 13 to 24 were brought against the accused based on exactly the same facts as those listed in charges 1 to 12. But the two sets are of different types — abetment and complicity—he added.
"This form of charging is incorrect and indeed amounts to double counting," Razzaq argued.
Later, Badal and another prosecutor Rana Dasgupta gave their reply against the defence arguments and pleaded the tribunal to frame charges against the Jamaat leader.
Mojaheed who is facing 32 charges of crimes against humanity was produced at the dock yesterday.