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It's torturous

Dejected by lengthy cross examination, Shahriar Kabir says at war crimes tribunal

Staff Correspondent
Eminent war crimes researcher Shahriar Kabir has expressed discontent over lingering cross-examination by the defence of Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed, terming it "torture" to him.
Shahriar's reaction came when defence counsel Mizanul Islam yesterday told the International Crimes THbunal-2 they need two more sessions to complete cross-examination as they cross-examined the researcher for the fourth day. "I am unwell. But I have been facing cross-examination day after day. It is torturous to me. It seems I have committed a big offence by appearing [before the tribunal) to give testi-mony," commented Shahriar during cross-examination.
The three-member tribunal headed by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge M Shahinur Islam recorded the cross-examination of Shahriar, the first prosecution witness in the case against the Jamaat secretary general.
Mizanul yesterday cross-examined the 62-year-old eminent journalist for one and a half hours and asked him around 50 questions, mostly on a violent attack on the Ahmadiyya Muslim community in Lahore in Pakistan in 1953.
When Mizanul sought adjournment of the case at 12:15pm for his "physical illness", Judge Shahinur Islam asked him, "How much time do you need [to complete the cross-examination]?"
"I would take at least two more sessions," replied Mizanul.
At this point, Shahriar Kabir, executive president of Ekattorer Ghatak Dalal Nirmul Committee, made the comment expressing his dissatisfaction.
The tribunal asked the defence to complete his cross-examination within next two sessions, and adjourned the proceedings until September 9.
The tribunal used to record the cross-examination of Shahriar in the first session, which stretches between 10:30am and 1:00pm, due to his physicalcondition.
Earlier on August 26 during his two-hour-and-forty-minute testimony, Shahriar appealed to the tribunal to try Jamaat and its associate bodies alongside its top leaders for what he said was their crimes against humanity during the Liberation War.
On August 30, the defence cross-examined Shahriar for two and a quarter hours. They cross-examined him again on September 2 for another two hours and then again on September 5 for two and a half hours.
The defence has so far asked him around 250 questions in 8:15 hours on the four occasions of cross-examination.
Shahriar was scheduled to be cross-examined on September 4 too, but the tribunal adjourned the proceeding following the defence's plea.
Relying to a question yesterday, Shahriar said he never believes in military rule or military court and was against any trial beyond the Constitution. "But it is the reality that we had to comply with many decisions taken by the military government in the then Pakistan and Bangladesh too," he observed.
Replying to questions, Shahriar said the 12-member National People’s Inquiry Commission was formed in 1993 with poet Sufia Kamal as chairman and Barrister Shafique Ahmed as coordinator and he himself conducted investigations and helped prepare the commission's report.
While Mizanul Islam was asking several questions over the violent attack on Ahmadiyyas in Lahore, Prosecutor Muklesur Rahman Badal said, "This is not relevant to our case."
Opposing the prosecution's claim, Mizanul said "It is relevant because the witness talked about this [in his testimony]."
Mizanul asked over 30 questions about the attack and post-attack incidents.
On several occasions, the tribunal asked the defence to ask relevant questions and the prosecution witness to give relevant answers.
Prosecutor Badal later told The Daily Star the defence were conducting "lengthy cross-examination as part of their strategy to delay the case proceeding". During the cross-examination, they intentionally asked many questions which were not relevant, he added.
Refuting the allegations, defence counsel Mizanul Islam said they were cross-examining the prosecution witness within the jurisdiction of law.
Replying to a question about Shahriar Kabir's comment, the defence counsel said, "Allegation of torturing him [Shahriar Kabir] is totally baseless."
On June 21, the tribunal framed seven charges against Mojaheed in connection with murder, genocide, and hatching conspiracy to kill intellectuals during the War.
Meanwhile, the tribunal recorded cross-examination of Md Hasanuzzaman, sixth prosecution witness in war crimes case against another Jamaat leader Muhammad Kamaruzzaman.
In his testimony on September 3, Hasanuzzaman, elder brother of martyred Badiuzzaman, said Jamaat leader Kamaruzzaman and his accomplices abducted his brother, who was tortured at a military camp in Sherpur and was later shot dead on June 30,1971.
Hasanuzzaman is set to face cross-examination again on September9.
On June 4, the tribunal indicted Kamaruzzaman with seven charges in connection with crimes against humanity committed during the Liberation War.