Dead man’s trial leaves war crimes tribunal unhappy

The International Crimes Tribunal is peeved at the continued judicial procedure against an accused who turns out to have died about a year ago.

A news channel exposé on Wednesday, and later a report submitted by Mymensingh SP (Special Unit) on Thursday revealed that Mymensingh's Fulbarhia resident Waz Uddin, accused with others of several charges of crimes against humanity during the Liberation War, died a fugitive on May 7 last year.

The opening hearing on their charges was to be initiated on Jan 31 this year.

Expressing unhappiness at the turn of events, the tribunal led by Justice Shahinur Islam on Thursday issued verbal directives to both the prosecution and the defence to look into those responsible behind the faux pax.

Chief Prosecutor Ghulam Arieff Tipoo and prosecutors Haider Ali and Hrishikesh Saha as well as State-appointed defence counsel Gazi MH Tamim were present at the time.

Later, speaking to the media, Haider Ali said the tribunal is unhappy that unknown to it, charges against the accused who had already died were still on.

"This is illegal," he explained.

He said the tribunal had verbally asked the prosecution to look into it.

Defence counsel Tamim also said the court asked him to look into the matter as well.

The investigating agency first submitted the report on the charges against Riaz Uddin, Amjad Ali and Waz Uddin to the prosecution on Feb 18 last year, Prosecutor Hrishikesh said.

They are accused in several counts of crimes against humanity during the 1971 Liberation War.

Based on the report, the prosecution, after examining it, submitted a chargesheet against them with the tribunal on Feb 23, he said.

Arrest warrants for the accused were issued on Mar 29, following which Riaz was arrested, while Amjad died after arrest and so charges against him were dropped.

On June 16, police declared Waz an absconder.

Through a newspaper advertisement, the tribunal asked Waz to surrender, nine days later.

On Dec 11, charges were formally labelled against the two, Hrishikesh said.

He added Jan 31 had been fixed for the opening hearing.

However, the tribunal woke up to the news of Waz's death from a TV report aired on Wednesday.

Tribunal Registrar Shahidul Alam Jhinuk told journalists on Thursday, "Mymensingh SP (Special Unit) today sent a letter to the tribunal informing it that the accused had died on 5 May 2016. The tribunal knew nothing about the death until now."

He added that the SP's report had been immediately produced before the tribunal.

He said the onus of the fiasco is in no way on the tribunal but on those who are responsible for their arrest.

The decision to take action against those guilty rests with the court, he said.

According to the prosecution data, during the Liberation War, all three of the accused were involved with Jamaat-e-Islami politics.

Riaz allegedly was an Al-Badr member and Waz a Razakar.

Between Aug 22 and Nov 21 during the War of Independence of Bangladesh, the accused were involved in several crimes against humanity at several places in Fulbarhia Upazila.