Monday, May 14, 2012

Ghulam Azam indicted 5 war crime charges framed against him; trial to start June 5


BANGLADESH NEWS

Ghulam Azam, considered by many as the symbol of war crimes during the Liberation War of Bangladesh, was yesterday indicted on five specific charges of crimes against humanity.
After framing the charges, the International Crimes Tribunal-1 set June 5 for the trial to begin with opening statement from the prosecution.
The charges against Ghulam Azam include involvement in murder and torture of unarmed people, conspiracy, planning, incitement and complicity to commit genocide and crimes against humanity during the 1971 war.
The five charges were based on 60 incidents of crimes against humanity.
Ghulam Azam was the ameer of East Pakistan Jamaat-e-Islami during the Liberation War. As the ameer, he campaigned across Bangladesh and even in Pakistan (then West Pakistan) in an attempt to foil the liberation efforts.
He played a key role in forming Shanti (peace) Committee and Razakar, Al Badr and Al Shams forces, which actively helped the Pakistani forces in committing massacres across the country. Three million people were killed and over two million women were raped.
Yesterday, Tribunal-1 Chairman Justice Nizamul Huq read out the charges with an introduction to the formation of the three-member tribunal, a brief history of the Liberation War, a profile of Ghulam Azam and submissions of the prosecution and the defence along with the court's views on the case.
Justice Anwarul Haque and AKM Zaheer Ahmed are the two other members of the three-member tribunal.
Justice Huq said the evidence in hand support that Ghulam Azam had conspired with the occupation forces, planned and incited, and was complicit in crimes and responsible for the commissioning of crimes in 1971. He did these by delivering speeches, issuing directives, making press comments and by meeting heads of different civilian and army administrations.
“There is no bar to holding the trial after 40 years,” Justice Huq said while reading out the charges between 10:40am and 12:45pm yesterday.
“The tribunal also found that the trial can be held [against Azam] for offences committed in 1971 under this [International Crimes Tribunal] act of 1973,” he said.
Ghulam Azam sat still in the dock as the tribunal chairman read out the charges.
The 90-year-old was wearing a Jinnah cap (a brown cap named after Pakistani leader Muhammad Ali Jinnah) and a white punjabi and pajamas.
He was produced before the tribunal at 10:35am in a wheelchair. He first took a seat at the back of the courtroom.
Following requests from his counsels, the tribunal allowed him to sit in the dock near the judges' bench. Ghulam Azam then stood up, grabbed his crutch with his right hand and walked to the dock unaided.
After the charges were read out, he was asked if he pleaded guilty or not guilty.
At that, he stood up and delivered a 10-minute speech.
“I don't consider myself guilty,” he said.
He admitted he was on the list of collaborators of Pakistani forces but claimed he is not a war criminal.
One of the charges against Ghulam Azam was for being involved in the torture and murder of 38 people in Brahmanbaria on November 11, 1971, including Shiru Miah, a sub-inspector of Mohammadpur Police Station.
The Pakistani forces with the help of its collaborators--Razakar and Al Badr forces--killed them after receiving a written order from Ghulam Azam, the charges said.
The tribunal also charged him for conspiring to commit crimes on six occasions upon which different crimes against humanity were committed across Bangladesh.
The former Jamaat chief was charged with planning to commit crimes in three occasions, which resulted in different crimes against humanity committed across the country.
Ghulam Azam has also been charged with 28 instances of provoking crimes and his complicit in 22 incidents of crimes against humanity.
The five charges against Ghulam Azam cover crimes against humanity; attempt, abetment or conspiracy to commit such crimes; other crimes under international law; complicity in or failure to prevent commissioning of any such crimes; and liability for crimes as an accomplice and commander, according to the International Crimes (Tribunals) Act, 1973.
If convicted, he could get the death penalty. The act only allows a convict to appeal to the appellate division of the Supreme Court against his conviction and sentence.
The tribunal took the charges into cognisance on January 9 this year, four days after the prosecution had placed the charges. Ghulam Azam was sent to the jail on January 11 after the tribunal rejected his bail.
Ghulam Azam's wife and his son former Brig Gen Abdullahil Aman Azmi were present at the courtroom among other family members during the charge framing yesterday.
After the indictment order was passed, they had lunch in the courtroom during the recess.
After the proceedings, Abdur Razzaq, chief counsel of the Jamaat leaders, told the media that the tribunal has passed a “completely wrong order”.

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