Int’l Crime Tribunal goes on collapse

Important documents are missing

So far 11 prosecutors have resigned, judges are not coming, and there is no chairman

30 cases pending trial, 50 appeals are ongoing in this tribunal formed for the trial of crimes against humanity in 1971.

In the last 14 years, 55 cases have been decided by the tribunal, 149 accused have been convicted

Ayatullah Akther

Since the change of government, there have been calls to resign from the International Criminal Tribunal for the trial of crimes against humanity in 1971. Meanwhile, among the 16 prosecutors of the state, 11 have resigned, including chief prosecutor Syed Haider Ali. The rest are said to submit their resignations at any time. There has been no activity in the tribunal since last one week. Neither the judge nor the prosecutor is coming. And for more than a month and a half, the post of chairman of the tribunal is vacant. All in all, this tribunal has lost its face.

Among the three judges involved in the judicial proceedings, the post of chairman of the tribunal has been vacant since June 16. Two other judges did not come to the tribunal after the fall of Sheikh Hasina's government on August 5.

On the other hand, defense lawyers have complained of missing important documents from the prosecution office.

On Tuesday, he visited the spot of the tribunal and talked to the concerned parties. It is known that there is panic among everyone from the police to peons working in different departments of the tribunal.

Barrister Mesbah Uddin, registrar of the tribunal told Daily Tribunal to the rules of government service. Most of the staff are absent. This tribune has never been so silent in its 15-year history. During the 16-year rule of the Awami League government, there was activity in the tribunal in the presence of the accused, lawyers and members of the prosecution team, local and foreign journalists and dignitaries.

The International Criminal Tribunal was formed on March 25, 2010 to try the crimes of the Pakistani forces and their domestic allies during the 1971 liberation war: genocide, rape, torture and other crimes against humanity.

According to the tribunal sources, about 30 cases are pending here. After the verdict of this tribunal, 5 of the 6 accused who were executed are leaders of Jamaat-e-Islami. They are the party's then Amir Matiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujahid, Assistant Secretary General Abdul Quader Mollah, Muhammad Kamaruzzaman and Central Working Council member Mir Kashem Ali. Apart from this, Salahuddin Quader Chowdhury, the then member of the BNP Standing Committee, was hanged for crimes against humanity.

In the last 14 years, the tribunal has given judgment in 55 cases. 149 accused were convicted in these cases. And there are 172 accused in 30 cases under trial in the tribunal.

On the other hand, more than 50 appeals filed by the accused against the verdict of the tribunal are now pending disposal in the Supreme Court. The Appellate Division on October 31, 2019 upheld the death sentence of Jamaat leader ATM Azharul Islam against the tribunal's verdict. He applied (review) for reconsideration of this judgment. The revision petition is said to be pending hearing in the Appellate Division.

Former MP of Pirojpur-1 Constituency Maulana Delawar Hussain Saydee, then Naib Ameer of Jamaat-e-Islami, who was sentenced to death, died in the month of August last year while undergoing treatment. After the verdict of the tribunal, former Ameer Jamaat-e-Islami Ghulam Azam, Jamaat leader Abdus Sobhan and life-sentenced BNP leader and former minister Abdul Alim died.

In relation to the judicial proceedings of the tribunal, Registrar Barrister Mesbah Uddin Ahmed told Daily Tribunal that he is carrying out the official proceedings as per the instructions of the government. Attendance of people in the office is less.

Defendant's lawyer Gazi M H Tamim told Daily Tribunal that the three-judge International Criminal Tribunal for the trial of 71 crimes against humanity has been unformatted since June 16. That is, the post of chairman of the tribunal is vacant. Justice Md. was in this position. Abu Ahmed Jamadar. Now there are only two judges. They are - Justice K M Hafizul Alam and Justice H M Habibur Rahman Bhuiyan. The tribunal needs to be reconstituted to give justice to the accused in the case.

He also said that after the fall of the government, we informed the registrar after learning about the disappearance of important documents from the prosecution office. Registrar has seized some documents. I learned that 11 state counsels, including the chief prosecutor, have resigned. As defense lawyers, we continue to fight the legal battle for justice in tribunal cases.

Coordinator of the prosecution office of the tribunal Masud told Daily Tribunal that out of 16 prosecutors, including Chief Prosecutor Syed Haider Ali, 11 have submitted their resignations to the Ministry of Law. After the fall of the Awami League government, no prosecutor came to serve at the International Criminal Tribunal.