'Burden of proof not on court'

Clearly irked by the public reaction to the Sayedee verdict, the International Crimes Tribunal has reminded the prosecution that the burden of proof falls on them and the investigators and not on the court.

ICT-1 Chairman Enayetur Rahim picked on the matter on Thursday during the trial of war crimes accused Jamaat-e-Islami Assistant Secretary General ATM Azharul Islam.

Prosecutor Tureen Afroz, while presenting the prosecution's arguments in the case, said, "As the leader, Azhar has superior responsibility for all the crimes carried out in Rangpur in 1971. We hope that you will give him the highest penalty, subject to proving liability."

Justice Enayetur Rahim replied by saying, "You won't investigate cases properly, won't present evidence and witnesses properly and then you'll expect us to prove the case. In a criminal case, the burden of proof falls on the prosecution and the investigators, not the judges."

Jamaat leader Delwar Hossain Sayedee on Wednesday had his death sentence reduced by the Appellate Division in a ruling on his appeal against the ICT's verdict.

The verdict is being widely discussed in all spheres. Some quarters have blamed the government for the verdict, alleging 'collusion' with the Jamaat.

Attorney General Mahbubey Alam has directly blamed the investigating agency and questioned the prosecutors' expertise. The War Crimes Fact Finding Committee has said the prosecution has failed to properly present the evidence.

"After each verdict, the judges are criticised. In no other country in the world are judges criticised so freely as in Bangladesh. It will not do anyone any good to make the judiciary controversial," he said.

"We might make errors. For that you have the Appellate Division, you have reviews. But if you keep questioning the court, what can we do? This will destroy the judiciary," he said.

Then the court asked for Afroz's views on the matter. She said, "Criticism of judges is unacceptable. We're also victims of criticism. Some people even call for putting us on trial."

"We have been able to prove all charges against Azhar beyond any doubt. Therefore, we are asking for the highest penalty," he said.

Justice Jahangir Hossain said, "In criminal cases you cannot please both sides. One side has to be either acquitted or punished."

Azhar's lawyer Abdus Sobhan Tarafdar pointed to the Sayedee appeal verdict and said, "Apparently, there is a middle way."

Justice Enayetur Rahim said, "What was given to him is a punishment. There is no middle way."