War Crimes Trial
Prosecution sloppy
Tribunal irked by late arrival, poor preparation
The International Crimes Tribunal-2 yesterday expressed discontent at the prosecution of war crimes case against Muhammad Kamaruzzaman for delay in appearing before the court and “lack of preparations” in placing closing arguments.
The tribunal judges left the courtroom as conducting prosecutor AKM Saiful Islam, who was supposed to place the arguments, did not appear before the court nine minutes into beginning of the session.
It sat around half an hour later and heard the closing arguments on the first three among the seven charges brought against the Jamaat-e-Islami assistant secretary general.
Dissatisfied with some of Saiful's answers, the tribunal even asked another prosecution Tureen Afroz to answer those questions.
The three-member tribunal led by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Judge M Shahinur Islam adjourned the proceeding until tomorrow, when the prosecution are set to place further arguments.
“Take preparations properly,” the tribunal chairman asked the prosecution before leaving the courtroom.
When the tribunal judges came to the courtroom at 10:45am, three prosecutors, two defence counsels and accused Kamaruzzaman were present, but Saiful was absent.
Another prosecutor Syed Haider Ali told the tribunal that Saiful was coming.
A member of the tribunal said, “This is not the decorum of the court. It is 10:45am. He had to seek time. Besides, he is not a senior lawyer that we will wait for him.”
“Sorry my lord,” said Haider Ali.
“You are a senior lawyer and involved with the tribunal since its inception,” the tribunal said, adding, “But Saiful Islam didn't appear and he didn't even give any instruction [to the prosecution].”
Haide Ali prayed for a short adjournment, but the tribunal said, “We are leaving and we are not sure whether we will sit again or not.”
Saiful arrived at the courtroom a minute after the judges had left.
At 11:21am, the tribunal sat again and Saiful made an “unconditional apology” for the delay.
The tribunal said, “We don't expect such conduct from you. You are supposed to be in the courtroom before 10:30 but you did not appear even after 10:50am…. Why do you do this? If you repeat it, we will close the prosecution's arguments.”
Saiful was then allowed to start his arguments for the second day.
As per the first charge, under the leadership of Kamaruzzaman, a group of Al-Badr members on June 29, 1971 abducted Badiuzzaman, son of Md Fazlul Haque, in Ramnagar village under Jhenaigati upazila in Sherpur.
He was tortured at Ahammednagar army camp all night long and shot to death the following day.
Saiful said fourth prosecution witness Fakir Abdul Mannan and Badiuzzaman's brother Md Hasanuzzaman, sixth prosecution witness, had given their testimonies in support of the charge.
On August 6, 2012, Mannan testified that he had heard from one Sayadur Rahman that some members of Al-Badr and Pakistani army took one of their relatives Badiuzzaman from their house to the Ahammednagar army camp and tortured him to death there.
Sayadur told Mannan that his brother Makbul Hossain had witnessed the incident. When Mannan asked Makbul about the incident, he told him, “It was a true incident.”
“I asked him [Makbul] whether he could have identified anyone [of Al-Badr men]. He said he could have identified one Kamaruzzaman, who lived in Sherpur,” said Mannan, adding, “There is huge hearsay in Sherpur that the Jamaat assistant secretary general is the person whom I mentioned.”
Saiful said Makbul was a listed prosecution witness, who is more than 90 and was unable to come because of illness.
On September 3, 2012, Hasanuzzaman testified how his brother Badiuzzaman was abducted from his father-in-law's house at Ahammednagar by 10-11 armed men on the night of June 29, 1971, took him to Ahammednagar army camp and killed him the following day.
Al-Badr leader Kamaruzzaman was among the armed men, said Hasanuzzaman.
The tribunal said, “Both the witnesses were hearsay witnesses. What sort of probative value do such witnesses carry? Why will we accept such testimonies?”
When Saiful could not give a satisfactory answer, the tribunal asked prosecutor Tureen Afroz to answer the question later.
The tribunal asked the prosecution, “How you connect Kamaruzzaman to Badiuzzaman's killing charge?”
Saiful said Kamaruzzaman was “concerned” with the killing as he had “led” the group, which had abducted Badiuzzaman and taken him to the army camp to kill him.
Saiful said the prosecution could have “proved the charges beyond any shadow of doubt”.
After completing arguments on the first charge, Saiful claimed he could not bring relevant documents to place arguments on the rest of the charges for technical glitches in his computer.
The tribunal said, “It's a lame excuse. You have got enough time. You should have taken preparations earlier… Why you have to prepare arguments yesterday [Sunday]?”
“It is evident that you have lack of preparations,” the tribunal said, adding, “You have to satisfy the court [through your arguments]. If you fail to satisfy the court, it will be reflected on the judgement,” the tribunal observed.
“You wouldn't convince us but you would tell outside that you could have proved the charges beyond any shadow of doubt,” the tribunal said, adding, “Then [people] even from television talk-show will talk about us.
“We are here to try. We can convict and we can acquit too. If you [the prosecution] fail [to prove the charges], we will mention your failure in the judgement,” the tribunal added.
At this stage, another junior prosecutor brought some papers and gave those to Saiful, who started placing arguments on the second charge.
The second charge says Kamaruzzaman and his accomplices in mid-May 1971 caused inhuman acts to pro-liberation intellectual Syed Abdul Hannan, the then principal of Sherpur College, forcing him to walk almost naked throughout the town under constant whipping.
Saiful said second prosecution witness Monowar Hossain Khan alias Mohan Munshi, third witness Jahurul Haque Munshi, Bir Pratik, and 14th witness Majibar Rahman Khan Panu gave testimonies supporting the second charge.
On July 25, 2012, Monowar, who was a guard of an Al-Badr camp, testified that two days after he had joined the camp, Kamaruzzaman instructed Kamran, an Al-Badr leader, and others to force Hannan to walk through the town with lime and ink on his face and his head shaved.
Jahurul Haque said he had heard about the incident.
Majibar testified that Kamaruzzaman, Kamran and some others picked up Principal Hannan in May and took him to Surendra Saha's house where a camp of the Al-Badr was set up.
Hannan was forced to walk through the town with his head shaved, said Majibar, adding, “I saw it myself.”
Saiful said three witnesses including two eyewitnesses gave their testimonies about Kamaruzzaman's involvement in the inhuman act.
The tribunal said Majibar, during his cross-examination, had said Hannan's incident was held after he was released from an army camp in November, which contradicted with Monowar's comment.
“Majibar might have told it after a long time,” said Saiful, adding that Monowar's testimony is enough to prove the charge as “corroboration is not required for eyewitness”.
When Saiful could not give a satisfactory answer about the inhuman act, the tribunal again asked Tureen Afroz to answer the question.
According to the third charge, Kamaruzzaman on July 25, 1971 advised members of Al-Badr and Razakar forces to commit a large-scale massacre in association with the Pakistan troops in Sohagpur village in Sherpur. The collaborators murdered 164 unarmed civilians, 44 of whom have been named, and raped several women.
Saiful said six prosecution witnesses including three women from Sohagpur village have given their testimonies behind closed-door in support of the charges.
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