SC verdict sparing Jamaat leader Sayedee of death sentence sparks protests

In a verdict that came as a shock to many, Bangladesh's highest appeals court has watered down the death sentence of top Jamaat-e-Islami leader Delwar Hossain Sayedee to lifetime in jail.

The verdict was a majority view by the five-strong bench, triggering clashes between police and secular protesters demanding execution of the 74-year old Islamist stalwart.

The government was careful to react, with the law minister saying he was “dismayed as a person” but respectful of the apex court’s decision. He and others hinted that the prosecution might be called into question after the looking into the full verdict.

Ganajagaran Mancha erupted into protest and was eventually driven out by police with hot water cannons and teargas shells. They have called nationwide protests and a mass rally.

For its part, the Jamaat has called a countrywide shutdown for Thursday and Sunday to mount pressure on the government to release Sayedee from jail.

Amid tight security, the five-member Appellate Division bench read out its verdict in a packed courtroom.

Justice Abdul Wahhab Miah wanted to acquit Sayedee from all charges and Justice AHM Shamsuddin Choudhury supported the death penalty.

But Chief Justice Md Muzammel Hossain, Justice SK Sinha and Justice Hasan Foez Siddique backed the reduced sentence.

Bangladesh’s top judge said the prominent Jamaat leader would have to remain imprisoned “for the rest of his natural life”.

Jamaat Number 2 Sayedee's trial began in the International Crimes Tribunal 1 on Oct 3, 2011 and the verdict was issued on Feb 28, 2013.

Of the 20 charges against him, Sayedee was given the death penalty for two – the murders of Ibrahim Kutti and Bisabali, and for setting fire to Hindu households in Pirojpur district in 1971.

The Supreme Court verdict sentenced Sayedee on five charges of the 20 that were framed against him.

The verdict reduced Sayedee’s death sentence for Ibrahim Kutti’s murder to imprisonment for 12 years.

In its second appeal verdict of a war crimes case, the Supreme Court sentenced Sayedee to prison until death for three charges.

These include the murder of Bisabali and arson in a Hindu neighbourhood, abduction and rape of three sisters of Gauranga Saha, who was a prosecution witness and identified Sayedee as the man who had handed over his sisters to the Pakistani Army to be taken away as sex slaves. They were returned after three days.

Sayedee was also sentenced to prison until death for forcible conversion of 100-150 Hindus.

Government ‘dismayed’

Law Minister Anisul Huq said he was ‘dismayed’ by the verdict. He called for a change in the International Crimes Tribunal’s prosecution.

“As a citizen and a member of the cabinet I must respect any verdict and ruling of the apex court,” he told the press.

“But as a person, naturally we expect the highest penalties for crimes against humanity and I am dismayed that it has not happened.”

Asked whether the prosecution had any weaknesses leading to the lenient verdict, he said, “I cannot blame anyone before seeing a full copy of the appeal verdict. But the prosecution team is in a bad shape and should be reformed.”

“There are some open cases in the tribunal, some verdicts are pending. I did not want to bring any change to ensure that the team did not face any problem,” he said.

“But now we will take a decision about this very soon.”

Asked whether the state would file a review petition against the verdict, Huq said, “We cannot say that before getting a full copy of the verdict.”

“In Quader Molla’s case, defence had petitioned for a review. The full verdict of that has not been issued yet,” he said.

Attorney General Mahbubey Alam also said the verdict had ‘disappointed’ them.

"We expected death sentence. We thought the tribunal's verdict would be upheld, which did not happen. I am feeling sad," he told reporters after the verdict.

He, however, found a silver lining in the top court finding the Jamaat number two guilty of rape and forcible conversion of Hindus. "The verdict cleared one thing to the people; Sayedee has been unmasked from being a religious leader.

"From now on, he will be known to people as a torturer and a rapist."

Asked about seeking a review, Alam said: "I said earlier that a review was not applicable. Now I cannot say otherwise. The verdict came under a special law. There's no provision of a review."

The attorney general was asked whether they would file a plea if the court allowed and he said they would have to wait for the full verdict to decide about that.

Asked whether there were any shortcomings on the part of the prosecution, Alam said: "Once the full verdict is available we will understand whether the investigation was done properly or the investigators had been able to press the charges properly."

Meanwhile, defence counsel Mizanul Islam said they did not agree with the verdict and that they expected acquittal.

Sayedee’s third son, Masood Sayedee, told bdnews24.com he had expected his father to be acquitted altogether.

“Although the death sentence has been reduced, I still think we deserve better. This was not justice.”

Masood, who had attended the trial regularly day in and day out, said this trial had had its own share of scandals too. “We will certainly file a review petition after we get the full verdict.”

Prosecution’s failure?

The War Crimes Fact Finding Committee openly blamed the prosecution's failure to present facts and evidence for the reduced sentence.

Committee convener MA Hassan said the court rules on the basis of information presented against the accused.

“The weak presentation of information in this case has been frustrating. They did not seek our help properly either.”

He called for ensuring witness protection to facilitate a standard trial.

“Those who were hurt once in the war are not getting protection for testifying in court. They were used to benefit a certain group and were left helpless after. This is unacceptable,” he said.

“The failure to present necessary documents, lack of witness protection and the rumour of collusion has created a wrong perception among the people,” Hasan said.

International Crimes Strategy Forum (ICSF) also issued a statement expressing disappointment over the verdict and demanded amendment of Article 49 of the Constitution which provides for presidential “prerogative of mercy.”

It said the article should be amended by "specifically excluding individuals from its remit who have been convicted and sentenced for international crimes".

The amendment was absolutely essential to ensure that the Supreme Court’s verdicts of “imprisonment till death” in case of Sayedee, and in all future cases were truly implemented without any interference.

Mancha protests, programmes

The Ganajagaran Mancha, pressing for maximum penalty for convicted war criminals, announced a rally at Dhaka’s Shahbagh for Friday rejecting the verdict.

Activists of the secular platform began protesting at Shahbagh on Wednesday noon after the apex court’s verdict that reduced his punishment to ‘imprisonment until death’.

But police used teargas and water cannon to disperse them.

Several Mancha activists, including its spokesperson Imran H Sarkar, were injured in police action which the state minister for home defended saying no-one had the right to protest blocking streets.

bdnews24.com's Dhaka University Correspondent Sujon Mondol, covering the event, was among those wounded.

Mancha alleged the government had colluded with Jamaat and dubbed Sayedee's verdict "planned and motivated that smacked of conspiracy".

Blog activist Arif Zebtik announced the protest programmes that include staying at Shahbagh until 10pm on Wednesday and organising demonstrations across Bangladesh on Thursday.

Jamaat lockdown

Sayedee’s party will enforce the 48-hour general strike that will start from 6am Thursday and continue until 6am Friday. It will resume at 6am Sunday and end on 6am Monday, said a statement by the party's acting chief Moqbul Ahmad.

The party also said leaders and activists will hold prayers on Friday for its leader and agitation will continue on Saturday.

"Sayedee has been repeatedly a victim of this government's oppression. He has been made a victim today by being deprived of justice from the highest court of the country in a false case by the government," the statement quoted Ahmad saying.

Throughout the day, police tackled Jamaat-led unrest throughout the country. Processions were dispersed in Bogra, Chittagong and Sunamganj.

Police also caught three Jamaat men in Chittagong’s Chaktai.

In Dhaka, Islami Chhatra Shibir and Jamaat activists took out a march at Badda but police dispersed them quickly.

On Feb 28 last year, the ICT-1 ordered Sayedee’s execution for his involvement in crimes against humanity during the 1971 Liberation War.

Throughout the trial and the appeal, the defence had tried to establish that war criminal Delwar of Pirojpur and the accused Jamaat leader are not the same person.

Sayedee is in Gazipur's Kashimpur Jail. He has been in prison since June 29, 2009.

The Jamaat leader was released on parole twice when his eldest son and mother died.

Sayedee, a youth of around 30 years of age during the war, was known by the surname of Shikdar.

He became a member of the local Peace Committee, an infamous social platform mobilised centrally by right-wing political parties opposed to Bangladesh’s independence.

He shot to prominence, apparently, because of his fluency in Urdu and went on to lead the local Razakar units on a number of raids.

[Additional reporting by Sumon Mahbub, Moinul Hoque Chowdhury, Golam Mujtaba Dhruba, Kamal Talukder, Sajidul Haque, Salauddin Wahed Pritom, Farhan Fardaus, Sujon Mondol, Aziz Hasan, Mahbuba Dina, Nahid Ashrafi, Mahmud Murad, Nadia Chowdhury and Photographers Asaduzzaman Pramanik, Tanvir Ahammed and Nayan Kumar]