The three-judge International Crimes Tribunal – 1, set up to try crimes against humanity during the 1971 Liberation War, has indicted the former Jamaat chief for five war crimes charges including conspiracy, complicity and murder.
Jamaat’s chief defence counsel Abdur Razzaq, also an Assistant Secretary General of the party, concluded his arguments by attacking the prosecution who, he said, had completely failed to establish its case.
Razzaq said that Azam’s involvement in war crimes was not substantiated. He, however, acknowledged that Azam led the Jamaat’s East Pakistan unit during the war and “the party without doubt supported Pakistan.”
In order to prove culpability, the prosecution would have to conclusively establish the link between Jamaat, led by Azam, and vigilante militia groups like the Al Badr and Razakar and then prove that Azam had “effective control” over these groups to substantiate their allegations .
“In fact,” said Razzaq, “prosecution witnesses confirmed to the contrary.”
"There are many charges but where is the evidence," he said.
Razzaq said other than presenting a number of newspaper clippings the investigation officer had not been able to do anything.
He said the tribunal should find Ghulam Azam not guilty and acquit him.
Outside the tribunal, Razzaq told the press that the prosecution and investigation agency had utterly failed to establish their charges.
“Ghulam Azam cannot be punished despite the burden of such glaring failure.”
The tribunal had initially asked the prosecution to begin arguments on Tuesday but the Prosecutor Sultan Mahmud said he needed more time to prepare.
The tribunal eventually agreed hear the prosecution on Wednesday and it would get just a day for countering the defence arguments.
Jamaat Guru in ICT-1
On Dec 12, 2011, the prosecution brought a 52-point charter of charges against Azam and appealed for his arrest. Later, following the tribunal order, charges were re-arranged and presented to the tribunal on Jan 5. There are 61 counts under five charges against the former Jamaat leader.
He was produced before the tribunal on Jan 11 and sent to jail the same day. Since that evening, the 90-year old former Carmichael College professor has been kept at the prison cell of the Bangabandhu Sheikh Mujib Medical University for better treatment considering his delicate health.
Ghulam Azam’s indictment hearing began on Feb 15 and the court charged him on May 13.
A former chief of Jamaat-e-Islami, arguably the largest Islamist organisation in the subcontinent, Azam is allegedly among the key people who colluded with the Pakistani military junta of that time.
He is widely perceived to have been among core group of right-wing supporters of the Pakistani Army, who came out strongly in support of a united Pakistan.
Ghulam Azam, then chief of Jamaat, was said to be instrumental in setting up the infamous Peace Committee. The Razakars, an auxiliary force set up to thwart the liberation forces, are said to have been mobilised through the Peace Committees across Bangladesh.
Among the most notorious vigilante militia were the Al Badr, whose membership is said to have been mainly dominated by the Jamaat's student wing called the Islami Chhatra Sangha at that time.
The Al Badr is alleged to have spearheaded execution of the intellectual elites of Bangladesh few days before the victory on Dec 16, 1971.
Azam also spoke in favour of Pakistan in the Middle Eastern countries during the war, according to the prosecution.
He stayed in London for seven years after 1971 and returned to Bangladesh in 1978 during BNP founder Ziaur Rahman's rule. Having led Jamaat for long, Azam retired from active politics in 1999.
His party remains a key ally of the main opposition BNP. Two Jamaat leaders, also behind bars for war crimes charges, have even served as ministers during the BNP's last tenure in government between 2001 and 2006, when Azam's party was part of the ruling coalition.
Azam was indicted on five charges — 61 counts — including incitement, conspiracy, planning and complicity on May 13, 2012.