Former BNP minister Abdul Alim deserved the gallows for committing crimes against humanity and genocide during the 1971 Liberation War, but a special tribunal yesterday sentenced him to imprisonment till death, considering his poor health.
The court found Alim, 83, an influential leader of Joypurhat Peace Committee in 1971, guilty of genocide, killing of 58 unarmed civilians, looting, arson and forcing many out of the country.
“The letters of law cannot be unkind in awarding sentence, ignoring his perceptible physical impairment. No physically and mentally unfit person should face the gallows," said Justice Obaidul Hassan, chairman of the International Crimes Tribunal-2.
The court, however, observed that setting him free would undermine the human civilisation and humanity.
"Being confined in within the fences till remaining part of life may let the convict to sense what extreme deliberate criminal acts FULL VERDICT, CHARGES - SEE ONLINE FROM PAGE 1
he committed directing the unarmed civilians, by taking culpable stand against the birth of Bangladesh," said the verdict.
The prosecution was able to prove nine of the 17 charges brought against Alim, who was a member of BNP founder Ziaur Rahman's cabinet.
He was sentenced to imprisonment until death on four charges. He was also awarded 20 years' jail on four more charges and 10 years' on another charge.
However, the last two sentences will merge into the sentence of "imprisonment for remaining part of life," said the court.
In its verdict, the three-member tribunal said Alim, the then Convention Muslim League leader, was "found guilty of calculated brutal activities that resulted in death of hundreds of civilians".
Being a highly educated person and a law practitioner, he could have contributed to upholding human dignity; instead, he collaborated with the Pakistan occupation army and committed horrendous atrocities.
“He deliberately and consciously opted to be with the perpetrators facilitating the commission of crimes by them and in this way he perceptibly acted against human civilization. No doubt it aggravates his blameworthiness and evil intent," said the tribunal chairman.
Giving reasons for the lenient sentence, the tribunal said Alim is in poor health and cannot move without a wheelchair.
"Such conditions clearly warrant some mitigation of the sentence, which this
tribunal considers otherwise appropriate," it said.
Alim is the second BNP leader and the eighth person to have been convicted of crimes against humanity committed during the Liberation War.
On October 1, the ICT-1 awarded BNP lawmaker Salauddin Quader Chowdhury death penalty for committing crimes against humanity and genocide during the Liberation War.
Of the other war crimes convicts, five are from Jamaat-e-Islami and one is a former Jamaat man.
Alim was taken to the packed courtroom at 10:35am.
In a white fatua and a checked lungi, Alim sat on a wheelchair as the judges started reading out the summary of the 191-page judgment at 10:53am amid tight security.
Tribunal members --Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam - read out the first and second part of the summary verdict.
Sitting in the dock with a crutch in his hand, Alim was silent throughout the court proceedings.
He dozed off a few times. And on occasions, he seemed to give attention to the judges.
His sons - Sazzad bin Alim and Khaled bin Alim -were present at the tribunal.
Dissatisfied with the verdict, the defence and Alim's family members said they would challenge the verdict at the apex court.
On the other hand, the prosecution said they would decide on filing an appeal after going through the full text of the verdict.
The jail term, seen as
lenient for Alim, has left many frustrated.
According to the International Crimes (Tribunals) Act 1973, any war crimes convict can challenge the ICT verdict at the Supreme Court in 30 days from its pronouncement.
When the court proceedings began at 10:49am yesterday, the tribunal chairman asked all not to make any sweeping comment on the verdict without going through its full content.
“Sweeping comments without seeing the full verdict is detrimental to the rule of law," he said.
Alim, arrested on March 27, 2011, had been on conditional bail from March 31 to September 22 this year on grounds of poor health.
As the case proceedings ended on September 22, the ICT-2 cancelled his bail and sent him to jail.
Following yesterday's verdict, Alim was taken to Dhaka Central Jail, and later shifted to Bangabandhu Sheikh Mujib Medical University for treatment, Senior Jail Super Farman Ali told The Daily Star last night.
JAIL TILL DEATH ON FOUR CHARGES
Genocide in five villages of Joypurhat: Following consultation with Pakistan army major Afzal, Alim along with Peace Committee members and Pakistani army attacked the Hindu villages of Karai Kadipur, Chawkpara, Sonarpara, Palpara and Munshipara in Joypurhat on April 26,1971.
They looted Hindu houses, damaged property and resorted to arson.
Alim and his accomplices forced the Hindus out of their homes, lined them up
and shot 370 dead.
They slit the throat of Kanehira Mohanta, 90, and buried Aswini Kumar Debnath alive.
Later, they dumped the bodies into a mass grave.
The tribunal said it was proved that Alim was present at the crime scene, and actively gave the attackers assistance, encouragement and moral support to commit the mass killing of Hindus.
Genocide in Khetlal: According to another charge of genocide, Alim along with major Afzal and other accomplices organised a meeting at Uttarhat Shahor in May 1971, and delivered a provoking speech that led to the looting of assets of the Hindus.
Members of the Peace Committee and Razakars teamed up with the Pakistan army attacked the Hindu neighbourhoods of Uttarhat Shahor, Harunjahat and surrounding areas. They captured and killed 10 Hindus on Alim's instructions.
The verdict said Alim's speech gave a clear indication that he called for the destruction of the Hindu community. The 10 Hindu civilians were killed on his orders.
Killing of 26 freedom fighters: At the end of June 1971, 26 freedom fighters were captured and brought to the western part of Joypurhat Railway Station by a truck.
Alim and major Afzal along with Razakars and members of Pakistan army and Peace Committee stood behind the detainees and had a photograph taken.
The detainees were then killed at the Joypurhat College.
The tribunal said Alim, who was present at the crime scene, not only participated in the criminal acts, but also gave substantial contribution and moral support in the killing of the 26 unarmed civilians.
Killing of three freedom fighters: On October 7, 1971, members of Peace Committee, Razakars and Pakistani army captured Fazlul Karim and two others, and took them to the office of circle officer (development) at Joypurhat town.
Alim and major Afzal took the detainees on a truck and paraded them through the town to terrorise the Bangalees.
At that time, Alim said, "The freedom fighters are fighting against Pakistan. Fazlul Karim's father is my friend but he did not prevent his son from remaining in wrong track despite repeated asking. Therefore, his son is to pay in exchange of his life."
Later, the detainees were shot dead at Khanjanpur Kuthibari Ghat.
The verdict said Alim's speech reflected his cruel intention that instigated the perpetrators to kill the detainees. Knowing the consequence of his act, Alim consciously encouraged and provided moral support to the perpetrators.
20 YEARS' JAIL ON FOUR CHARGES
The charges are killing of nine people in Akkelpur in May, 1971; killing of four people, including three siblings of Nowda village, on May 26; killing of 15 youths at West Amatra of Joypurhat on June 14; and killing of Awami League leader Abul Kashem at Devipur Kajipara on July 26.
The tribunal also sen-
fenced the BNP leader to 10 years' imprisonment for looting and setting alight the house of AL leader Meher Uddin in Panchbibi of Joypurhat on April 20, 1971, and forcing the family to leave the area.
The prosecution failed to prove the other eight charges. It could not even produce any witness to establish two of the charges.