Bangladesh waits for final verdict on war criminal, death row convict Salauddin Quader Chowdhury’s appeal

Bangladesh is waiting with bated breath for the Supreme Court to deliver its final verdict on the appeal by war criminal Salauddin Quader Chowdhury against the death penalty.

On Oct 1, 2013, the International Crimes Tribunal-1 sentenced Chowdhury, who terrorised Chittagong in 1971, to death for genocide and deadly torture of Hindus and Awami League supporters during the Liberation War.

A four-member Appellate Division bench led by Chief Justice Surendra Kumar Sinha on Wednesday morning will deliver the final verdict on his appeal.

There is general expectation that the apex court would uphold the tribunal’s verdict, which Chowdhury challenged on Oct 29, 2013.

The bench earlier this month set July 29 to deliver the much-awaited verdict. The case is at the top of Wednesday’s business agenda of the top appeals court.

This is the fifth case that would reach its end at the Appellate Division, after the tribunal started trying war criminals from 2010.

Chowdhury, who was arrested on Dec 16 same year, is currently at the Kashimpur jail in Gazipur.

The tribunal found him guilty of murdering Kundeshwari Oushadhalaya owner Nutan Chandra Singha, genocide of Hindus at Sultanpur and Unsattar Parha, and abduction and murder of a Hathazari Awami League leader and his son Sheikh Alamgir.

Nine of the 23 charges of crimes levelled by the prosecution against Chowdhury, who was the first sitting MP to be convicted of war crimes, was proved beyond reasonable doubt.

The verdict

Bangladesh’s first war crimes tribunal’s 2013 verdict depicted how Salauddin Quader led the Pakistani Army to murder and plunder during 1971.

It also detailed how he abducted freedom fighters and supporters of independence, took them to his hilltop residence at Goods Hill in Chittagong and tortured them.

The ‘hang until death’ order was pronounced for Chowdhury after the prosecution successfully proved nine of the 23 charges framed against the 66-year old BNP policymaker, from 2 to 8, 17 and 18.

The six-time MP from Chittagong was given the capital punishment for each of four other charges — 3, 5, 6 and 8 — which included murder, genocide and murder after abduction.

The BNP Standing Committee member was also given 20 years in prison each for three charges – 2, 4, and 7 – which included murder, complicity in genocide, loot, arson and deportation; and five years each for another two charges – 17 and 18, which included abduction and torture.

But the prosecution failed to prove charges 1, 10, 11, 12, 14, 19, 20 and 23.

Remaining six charges – 9, 13, 15, 16, 21 and 22 – were not judged as the prosecution failed to produce any witnesses to substantiate them.

Attorney General Mahbubey Alam hoped the court would uphold the death sentence.

He on Tuesday told reporters, “It’s not just me; the victims, pro-liberation forces and general people – everyone wants that the tribunal’s verdict will be retained.”

However, Chowdhury’s lawyer Khandker Mahbub Hossain said they hoped the court would acquit him and clear all the charges based on the evidence the defence provided.

The arguments

Defence lawyer Khandker Mahbub Hossain said the state was speaking about incidents that happened from Apr 13, 1971.

“We’ve said that Salauddin Quader Chowdhury went to Punjab University on Mar 29. We’ve submitted related certificates,” he said.

“But the prosecution insists that he was in the country. He came under attack in which his driver died.

“Please bring any witness from the driver’s family – where is the car and what model. Even the driver is not named,” he added.

Attorney General Mahbubey Alam said Chowdhury’s claim of not being in the country was ‘unacceptable and false’.

“Finally, his lawyer Khandker Mahbub Hossain pleaded to commute the sentence. We’ve also objected to this,” he said.

He pointed out that Professor Anisuzzaman of Dhaka University and former Shahjalal University of Science and Technology vice-chancellor Saleh Uddin testified against Chowdhury.

The attorney general said: “Is it possible that intellectuals and academics like them gave false statement? Salauddin Quader must have been in the country. Those who were tortured have also confirmed that.”

Earlier, death sentences of two senior Jamaat-e-Islami leaders Abdul Qader Molla and Muhammad Kamaruzzaman were carried out after the Supreme Court had quashed their appeals.

The Appellate Division reduced the death sentence of war criminal Delwar Hossain Sayedee, one of the most influential Jamaat leaders, to life imprisonment in another case.

But the verdict review sought by Sayedee has not been resolved as the full verdict is yet to be published.

The top court, however, confirmed the tribunal’s death penalty given to Jamaat Secretary General Ali Ahsan Mohammad Mujahid in its last appeal verdict.

The case details

A case over crimes against humanity was filed against him on July 26, 2010 at the International Crimes Tribunal.

That year, in the early hours of December 16, the Victory Day, he was arrested in an arson case during an opposition strike.

The Chittagong-2 MP was shown arrested for war crimes charges on Dec 19 same year.

The prosecution pressed formal charges against him on Nov 14, 2011, and the tribunal accepted them three days later.

He was indicted on Apr 4 2012 on the war crimes charges and witness deposition in the case began on May 3 same year.

Forty-one witnesses including the case’s investigation officer Md Nurul Islam deposed for the prosecution. The tribunal also accepted testimony of four other witnesses who testified before the Investigation Officer.

Four persons, including Chowdhury, testified in the BNP leader’s defence.

The ICT-1 finished the case’s hearing on Aug 14, 2013, but kept the verdict pending.

After the verdict was given on Oct 1 same year, Chowdhury appealed against the capital punishment 28 days later.

The appeal hearing started on June 16 this year and ended on July 7 with the court setting July 29 for its final verdict.

Salauddin Quader was born on Mar 13, 1949, at Gohira village under Raozan Upazila in Chittagong.

His father Fazlul Quader was also the Speaker of National Assembly of Pakistan.

He took to politics with Muslim League. Later, he joined Jatiya Party and then NDP. Finally, he joined the BNP in the 1990s.

Courting controversy

The six-time MP has been no stranger to controversy since he was first elected MP from Raozan on Muslim League ticket in 1979.

He switched allegiance to Jatiya Party during the regime of despot Hussein Muhammad Ershad to foray into mainstream politics.

Salauddin Quader was elected MP from his constituency Raozan in 1986 again on Jatiya Party ticket, only to be expelled later.

He floated his own party, the NDP, contested the 1991 election and was elected from Raozan again.

Sometime later, the NDP merged with the BNP and he ran for Parliament with BNP ticket again in 1996 and got elected. He won the right to represent Rangunia constituency in 2001 elections.

The stalwart was also an adviser on parliamentary affairs to then prime minister Khaleda Zia during the regime of BNP-led coalition government.

The charismatic politician also helmed ministries like the relief and rehabilitation, housing and public works, and health and family welfare during Khaleda and Ershad's rule.

He ran from both Rangunia and Fatikchharhi in the 2008 general elections and was elected MP from Fatikchharhi, Chittagong-2 constituency, but lost in Rangunia.

He was a member of the Parliamentary Standing Committee on Law, Justice and Parliamentary Affairs during the 2008-14 regime of Awami League.

Salauddin is the eldest of his father’s four sons. His younger brother Giasuddin Quader Chowdhury, a former MP, is BNP’s international affairs secretary.

His two other brothers, late Saifuddin Quader Chowdhury and businessman Jamal Uddin Quader Chowdhury, are said to have no direct involvement in politics.

The BNP leader hogged headlines many times in the last two decades for his flashy, ‘arrogant’ and sometimes ‘obscene’ remarks.

He was criticised for making ‘indecent’ remarks about Awami League President Sheikh Hasina in the past disregarding his close family and political ties with the Awami League leaders.

Party leaders were also harsh on him for making similar comments about BNP Chairperson Khaleda Zia and her eldest son, Senior Vice-Chairman Tarique Rahman.

The Election Commission took steps to cancel his membership in Parliament for providing ‘false information’ when he mentioned ‘no educational qualification’ in his affidavit submitted for the ninth parliamentary elections.

But the matter did not move forward due to ‘legal limitations’.