Tribunal irked by failure to arrest

The International Crimes Tribunal-1 yesterday expressed discontent at the law enforcers' failure to arrest four fugitive accused in a war crimes case.

The prosecution said the absence of accused was causing problems in running cases. They urged the tribunal to take tough measures to arrest the fugitives.

The tribunal's acting chief prosecutor on September 14 wrote to the home and law ministries, inspector general of police, commissioners of all metropolitan police forces and police superintendents of all districts, seeking “strong measures” to arrest the fugitive accused without delay, said prosecution sources.

The court yesterday held the charge hearing in the case against five “Razakars” from Kishoreganj. It had issued arrest warrants against the five in November last year and February this year.

Of the accused, Gazi Abdul Mannan, Nasiruddin Ahmed, Hafiz Uddin and Azharul Islam have been on the run, while Shamsuddin is behind bars. They face charges of committing genocide, murder, torture, arson and looting in Karimganj upazila of Kishoreganj during the 1971 Liberation War.

The three-member tribunal, led by Justice Anwarul Haque, fixed September 28 for further hearing in the case. The other members of the court are Justice Md Shahinur Islam and Justice Md Shohrowardi.

The tribunal on several occasions had expressed dissatisfaction over the absence of war crimes accused at the court. On May 17, it asked the government to form a monitoring committee to secure arrests of fugitives.

In last one year, two war crimes tribunals issued arrest warrants against 63 war crimes suspects in 10 cases. But the law enforcers could pick up only 25 of them, according to The Daily Star reports.

The International Crimes (Tribunals) Act-1973 allows a tribunal to hold trial of an accused in absentia. But in that case, the tribunal authorities have to run advertisements in newspapers asking the fugitive to appear before it. Besides, the tribunal has to appoint a defence counsel for the fugitive and the government has to pay the lawyer's fees.

Talking to this correspondent, prosecutor Tureen Afroz said victims' family members find a trial “almost meaningless” when an accused remains absconding even after his conviction.

“It may amount to a moral victory, but it [trial in absentia] is not real justice in any sense,” she added.

TRIBUNAL UNHAPPY

During the hearing yesterday, Justice Shahinur Islam asked Prosecutor Sultan Mahmud Simon whether the four accused in the case fled the country.

When Simon replied that they didn't receive any report from the police about the four staying abroad, Justice Shahinur said: “Isn't it the failure of the law enforcement agency? They [accused] are in the country, yet the law enforcers can't nab them.”

“My Lord, we [prosecution] are now in a very awkward position over the issue. The tribunal should take strong measures in this regard,” said Simon.

MONITORING COMMITTEE

Simon told the court that the government, in line with an order of the tribunal, formed a monitoring committee in May to arrest fugitive convicts and accused in war crimes cases, “but no progress has been made in this regard.”

Led by a deputy inspector general of police, the five-member committee is composed of representatives from the Detective Branch and Special Branch of police, Rapid Action Battalion and the tribunal's investigation agency.

The committee held four meetings in the last four months. It last met on September 13, a committee member said on condition of anonymity.

The committee in the last meeting directed all the SPs of districts and OCs of police stations to take immediate steps to arrest the fugitives. It also directed the SPs and OCs to keep a close eye on the family members and relatives of the fugitives, he added.

Committee chief Binoy Krishna Bala refuted Simon's allegation that the panel was ineffective.

The field-level units of the police are playing the main role in arresting the accused. The monitoring committee coordinates with different agencies in this regard, said Binoy Krishna, also the DIG (administration) of police.

“The prosecutor might have told this due to a communication gap. We will try to fill the gap in future,” he mentioned, adding that they already submitted three reports to the tribunal authorities on their activities over the last four months.

The government in February last year formed an eight-member monitoring cell, led by additional secretary of home ministry, to secure arrest of the fugitive convicts and war crimes accused. But it remained dysfunctional after holding a meeting, said sources.

Two war crimes tribunals have so far convicted 24 accused. Of them, five have been convicted in absentia.