Question marks over quality of war crimes investigation

Attorney General Mahbubey Alam has turned up the heat on an investigator of the International Crimes Tribunal (ICT) after the special court questioned the capability of the team.

He says cases involving crimes against humanity should not be dealt with as if it is just another routine case.

This is not the first time the top law officer of the state has expressed his doubts about the competence of the war crimes tribunal’s investigative team.

Alam had questioned the panel’s skill after Jamaat-e-Islami Nayeb-e-Amir Delwar Hossain Sayedee’s death sentence was reduced to life term by the Supreme Court.

The skill of the investigators had been called into question by the ICT in several hearings.

The investigators, however, say they have taken the criticism positively.

Police should approach these cases with a different attitude than the one they take in investigating normal suspects, Alam said, speaking to bdnews24.com on Wednesday.

Earlier in the day, the ICT-2 chided the investigation officer of the case for his ‘incompetence’.

He had brought an allegation against Chapainawabganj’s Pakistani collaborators Mahidur Rahman and Afsar Hossain Chutu, for which they had already served in prison.

The third charge brought by the prosecution stated that Rahman and Chutu aided the Razakar forces in looting, detention, torture, abduction, arson from Nov 2, 1971 to Nov 3 night.

The crimes were committed in the areas beside Sherpur Bhandar Adina Fazlul Haque Government College, Shibganj CO Office Army Camp and the mango grove owned by Yakub Biswas.

They also abetted in the killing of Kalimuddin Mandal, his son, brother and nephew.

However, another son of Mandal, Md Layesuddin, had filed a case under the Collaborators Act accusing the duo in 1973.

Rajshahi’s second special tribunal sentenced them to life term in prison on the same charge. The verdict was upheld in the appeal and they served the sentence.

On Wednesday, the tribunal advised against further assigning Assistant Superintendent of Police ZM Altafur Rahman to investigate its cases.

When Sayedee’s sentence was commuted in September, 2014, Attorney General Alam blamed the ICT investigators' negligence.

He also brought up their failure in collecting documents of the FIR over the murder of Ibrahim Kutti, which was filed by his wife.

"The FIR of (Kutti’s wife) that Sayedee's lawyer presented in court did not have Sayedee's name.

“But the tribunal's investigation did not find it. They don't even know whether there are any ongoing cases against Sayedee based on those documents or if his name had come up later," he said.

‘Investigator incompetent’

In the verdict on Rahman and Chutu, the tribunal reproached the investigation officer and said, “This very IO must be answerable for his utter negligence of duty.”

The tribunal then advised not to keep Investigation Officer Altafur Rahman in any other investigation into ‘sensitive’ charges like crimes against humanity or genocide.

“For the sake of conclusive and unquestionable investigation of such extremely sensitive cases involving Crimes against humanity, genocide that usher the Tribunal in arriving correct decision and to mete out fair justice such IO should be relieved from assigning with any further investigation of any case triable by ICT.”

The court was also critical of the investigation agency for “endorsing such an incompetent and irresponsible Police officer to investigate such highly important case.”

The judges observed that it “cannot be absolved of its responsibility”.

ASP Rahman could not be reached for comments since he is outside the country.

Abdul Hannan Khan, coordinator of the investigation agency, told journalists that he wanted to read the whole verdict before commenting.

He also claimed dismissal of a charge did not harm the case. “Because, two charges have been proved,” he contended.

Khan, however, said the tribunal’s observation was good for them. “We’ll be more careful in the future.”

According to him, the investigation agency and the prosecution join together at some stage of cases.

About this, Attorney General Alam said, “The investigators and the prosecution should work together. Though it was the case in the beginning but the then (law) minister discouraged it.”    

Prosecutor Turin Afroz said, “With full respect to the tribunal’s verdict, we want to say that we had worked sincerely and will continue to do so.”