Charges and tribunal's words

The second war crimes tribunal handed down a unanimous death sentence to Mohammad Kamaruzzaman saying “it would be a failure of justice” if the highest sentence were not awarded.

Tanim Ahmedbdnews24.com
Published : 9 May 2013, 08:51 AM
Updated : 9 May 2013, 08:52 AM

The tribunal gave out the sentence on Thursday “in view of the facts together with the context” considering the mode and degree of complicity of the accused.

The tribunal said it had taken due notice of the “intrinsic magnitude” of the murders which are “predominantly shocking to the conscience of mankind”.
“We have also carefully considered the mode of participation of the accused to the commission of crimes proved and the proportionate to the gravity of offences,” read out Justice Obaidul Hassan towards the end.
The Sohagpur massacre “was launched in such grotesque and revolting manner” where helpless victims could not save their lives and honour “is indicative of the fact that the act of massacre and devastation of human honour was diabolic and detrimental to basic humanness”.
Kamaruzzaman was given the death penalty on two charges, life on another two, acquitted from two and 10 years for one charge.
Charge 1: Badiuzzaman
A group of Al Badr militiamen abducted one Badiuzzaman on Jun 29, 1971 at about 11:00pm led by Mohammad Kamaruzzaman, a local Chhatra Sangha leader as well as the local Al Badr leader. The victim was taken to Ahmednagar army camp. He was tortured through the night and subsequently shot dead and the body dumped in a river.
Kamaruzzaman was charged for joining and substantially facilitating and contributing to “murder, torture and other inhuman acts”
The tribunal said that in light of the evidence it was “persuaded to conclude” that the accused, Mohammad Kamaruzzaman, had instigated or abetted or encouraged or assisted or approved of the perpetrators in murdering Badiuzzaman.
As such the court found that Kamaruzzaman was “complicit” to the murder since he knew very well what would happen to the victim at the army camp.
Kamaruzzaman was sentenced to life for this murder.
Charge 2: Syed Abdul Hannan
Kamaruzzaman and his associates apprehended distinguished pro-liberation intellectual Syed Abdul Hannan, then principal of Sherpur College and shaved his head. Hannan was then made to go round the town almost naked while he was being whipped.
The tribunal said it was unequivocally proved that as a part of systematic or organised ‘attack’ Kamaruzzaman encouraged and approved the design to perpetrate the criminal acts was thereby complicit to the offence of ‘other inhuman acts’.
He was sentenced to 10 years in prison.
Charge 3: Sohagpur mass killing
Kamaruzzaman, a leader of the local Al-Badr militia group as well as the Islami Chhatra Sangha, directed his accomplices and subordinates to raid Sohagpur village and conduct a large scale massacre which happened in the early morning of Jul 25, 1971.
The militia men accompanied Pak army in murdering about 120 unarmed civilians. The women of that village were randomly raped.
The tribunal said that the charges was “proved beyond reasonable doubt” that Kamaruzzaman acted substantially in carrying out the ‘operation’.
In conjunction with the horrendous event, the shameful act of rampant sexual violence upon the women was found to be more shocking and graver. Kamaruzzaman was found to be equally accountable for the crimes in the same manner as if it were done by him alone. “Thus, he is held responsible for the actual commission of the offence mass killing of hundreds of unarmed civilians constituting the offence of murders as crimes against humanity,” said the tribunal handing him a death sentence.
Charge 4: Mostafa
The Al-Badr captured Golam Mostafa on Aug 23, 1971 and kept him confined to the force's camp on Kamaruzzaman's orders. Mostafa's uncle Tofael Islam had requested Kamaruzzaman to set free his nephew. But the Al-Badr took Mostafa and another man named Abul Kashem to the Sherry Bridge in the area.
Mostafa was killed, but Kashem survived by jumping into a river after being shot in the hand.
The court decided that the accused had participated in the crime as he was found ‘concerned with the killing’ of Golam Mostafa, an unarmed civilian. As a result, “Kamaruzzaman is equally liable for the crimes” in the same manner as if it were done by him alone.
Kamaruzzaman was given a death sentence.
Charge 5: Ahammednagar Camp killing
Members of the Al-Badr captured Liakat Ali and 11 others from Chawkbazar at Sherpur in the middle of the Ramadan during the war. All but three were shot dead in presence of Kamaruzzaman.
The tribunal said that upon careful appraisal of witness testimonies it found “substance in what has been argued by the learned defence counsel.”
“Prosecution appears to have been miserably failed to prove the charge by adducing credible and consistently chained evidence. However, the event of murder of detainees at the Ahammednagar camp, as narrated in the charge remains undisputed.”
The tribunal noted a “glaring lack of credibility” in a witness testimony and said “we consider it precarious to act on rest of his [PW 14] statement made involving the alleged act or conduct on part of accused constituting his link to the actual commission of the principal event of criminal acts of murder of detainees at Ahammednagar camp.”
“Prosecution has utterly failed to prove the complicity of the accused with the perpetration of the crime alleged in the charge,” said the tribunal and acquitted Kamaruzzaman.
Charge 6: Tunu
The Al-Badr picked up one Didar and several others and took them to the Mymensingh district bungalow in November 1971. They were tortured until they agreed to speak in favour of Pakistan. One of those picked up, one Tunu, was apparently tortured to death. Kamaruzzaman is charged with substantially participating, facilitating and contributing to the murder and alternatively for complicity.
The tribunal said while it was true that mode of participation may be proved by evidence, direct, hearsay or circumstantial so far as this charge was concerned “we do not consider it just and safe to act relying solely on anonymous and unspecified hearsay” to presume that Kamaruzzaman contributed to the murder of Tunu.
He was acquitted.
Charge 7: Dara
The Al-Badr members had surrounded the house of Tepa Miah on the 27th day of Ramadan. They caught him, his son Zahurul Islam Dara and others upon Kamaruzzaman’s orders and took them to the Al-Badr camp at District Council Dak Bungalow. Early next the five were taken to the bank of river Brahmaputra. Tepa Mia was injured in the leg but managed to escape from there. The others were killed by bayonets.
The tribunal said it was immaterial whether the accused actually aided or assisted in the murder. “It is sufficient to prove that the accused being a leader failed to prevent commission of the offence alleged.” Despite enjoying superior position, Kamaruzzaman’s failure to prevent the offence amounts to providing approval or moral support or encouragement for committing the criminal acts.
Kamaruzzaman is equally held responsible for the actual commission of the offence of murder as crimes against humanity said the tribunal and sentenced him to life in prison.