Ashraf, Mueen to hang for intellectuals murder

Al Badr leaders Ashrafuzzaman Khan and Chowdhury Mueen-Uddin have been sentenced to death for killing 18 Bengali intellectuals during the last days of the 1971 Liberation War.

The two have been found guilty of abducting, torturing and murdering nine Dhaka University teachers, six journalists and three doctors during the war.

Ashrafuzzman is said to be now living in the US and Mueen-Uddin in the UK.

Justice Obaidul Hassan-led International Crimes Tribunal-2 delivered the verdict in absentia on Sunday in a courtroom packed with lawyers, journalists and observers.

It is the second sentence by the ICT in absentia.

The maiden verdict of the tribunal was also delivered in absentia in January this year on former Jamaat-e-Islami leader Abul Kalam Azad alias Bachchu Razakar as he is also absconding.

Those sentenced in absentia are not eligible to challenge the court's verdict.

The presiding judge said the prosecution proved all the 11 charges against the two 'beyond reasonable doubt' and ordered that both Ashraf and Mueen-Uddin be 'hanged by the neck till they are dead'.

Hassan said, "We are unanimous that there would be failure of justice in case ‘capital punishment’ is not awarded for all the massacres."

The two other tribunal judges -- Justice Md Mujibur Rahman Mia and Judge Shahinur Islam read out parts of the 154-page verdict.

Sunday's verdict described how these former leaders of the Islami Chhatra Sangha, Jamaat's student affiliate in 1971, had abducted and killed the intellectuals between Dec 11 and Dec 15 in 1971.

Ashrafuzzaman was the “chief planner” and Mueen-Uddin was the “operation in-charge” of the massacre that took place in those five days.

Ashrafuzzaman's diary, which was recovered after independence from his Nakhalparha residence in Dhaka, had contained the plan for the massacre and a list of targets.

The tribunal ordered the two to walk the gallows for the killings of renowned film-maker and Dhaka University Professor Munier Chowdhury, Prof Mofazzal Haider Chowdhury, Giasuddin Ahmed, Dr Sirajul Haq Khan, Dr Abul Khair, Dr Faizul Mohiuddin, Prof Rashidul Hasan, Prof Anowar Pasha and Dr Santosh Bhattacharya, journalists Siraj Uddin Hossain, Syed Nazmul Haq, ANM Golam Mustafa, Nazim Uddin Ahmed, Selina Parvin, Shahidullah Kaiser, and doctors Md Fazle Rabbi and Alim Chowdhury.

The prosecution expressed satisfaction, but said the verdict must be executed as soon as possible after bringing the convicts back to country.

However, one defence counsel said the verdict did not meet their expectations.

This is the ninth verdict delivered by two tribunals on the crimes committed against humanity during the 1971 Liberation War.

Six former and current Jamaat top leaders and two BNP leaders, including a standing MP, have been convicted so far.

No appeal without surrendering

The ICT-2 Chairman started the proceedings with his initial remarks at 11am.

A total 41 pages of the 154-page verdict was read out.

Justice Shahinur Islam read out the first part of the 41-page summery verdict and Justice Mujibur Rahman Mia read the second part.

Justice Mia said the involvement of Ashrafuzzman and Mueen-Uddin with the killings of 18 intellectuals had been proven conclusively.

At times, they carried out the murders, sometimes they instigated and encouraged them, said the judge.

The two had complete control over the Al Badr during the Liberation War, said the verdict.

Then Justice Obaidul Hassan delivered the judgments on the two Al Badr leaders.

He said, "Since the convicted have been absconding, the ‘sentence of death’ as awarded above shall be executed after causing their arrest or when they surrender before the Tribunal, whichever is earlier."

"Let conviction warrant be issued accordingly. Let a copy of the Judgment be transmitted together with the conviction warrant to (1) the Inspector General of Police, Bangladesh Police, Police Head Quarters, Dhaka and (2) the District Magistrate, Dhaka for information and necessary action and compliance."

Freedom fighters waiting outside the court and the Ganajagaran Mancha supporters at Shahbagh hailed the sentence.

Hundreds turned out on the streets in Gopalganj and Feni -- home districts of the two convicts -- to celebrate the verdict.

They demanded its swift execution.

Jamaat ‘fascist’

Following the previous verdicts, the observations of the judges on Sunday's verdict also shed light on Jamaat’s direct involvement in war crimes as a party.

The court said the Jamaat acted as a fascist organisation during the war. Jamaat had control over the 'killer squads' of Al-Badr.

The verdict says that there was 'an organised plan designed by the fascist JEI (Jamaat-e-Islami) for implementing which a ‘killer squad’ comprising Al-Badr activists was formed. Intention was to wipe out the Bengali intellectuals'.

About the abduction and killing of journalist Selina Parvin, the judgment says: “Selina Parveen begged her life, appealed to spare her as she had a kid and there was none to take care of him excepting her. But the brutal killers did not spare her. She was instantly killed by charging bayonet, as narrated by prosecution witness 22.”

Selina Parveen was a mother. The killing was a case of ‘matricide’. This indescribable brutality shocks the human conscience indeed.

Earlier, the ICT-1 termed the Jamaat a ‘criminal party’ in its verdict against former chief of the radical party Ghulam Azam.

Chowdhury Mueen-Uddin

Mueen-Uddin was born in November, 1948 at Chanpur in Feni's Dagonbhuiyan to Delowar Hossain.

He was a student of Bangla department at Dhaka University during the Liberation War and worked as a staff correspondent of Dainik Purbadesh.

According to case details, Mueen-Uddin was a central leader of Jamaat's student front and member of the notorious militia outfit Al Badr.

He was given 'important' position in Al Badr and he spearheaded the execution of the Bengali intelligentsia towards the end of the Liberation War.

Mueen-Uddin's family, too, had come out strongly in support of Pakistan, according to the prosecution.

He fled to Pakistan and to the UK from there, after Bangladesh gained independence. He has been residing in London since.

Apart from discharging important duties of Jamaat-affiliated 'Dawatul Islam' in London, he is also the executive editor of weekly Dawat.

He is one of the directors of National Health Services, a trustee of the Muslim Aid and chairman of Tottenham mosque's executive committee.

On his website, the former Al Badr leader has admitted to his war-time role for a 'unified Pakistan'.

In an interview to Al-Jazeera’s Jonah Hull for the program ‘Talk to Al-jazeera’ in July, he said the tribunal was a ‘joke’.

Ashrafuzzaman Khan

Ashrafuzzaman was born in 1948 at Chilerparh in Gopalganj's Maksudpur. His father's name is Azhar Ali Khan.

He got himself admitted to the Islamic studies department at Dhaka University after passing higher secondary examination from Sidheswari Degree College in 1967.

The Chhatra Sangha central leader obtained his bachelor degree in 1970.

He was given the task to lead the Al Badr in Dhaka during the war.

The tribunal prosecution has accused him of being the mastermind of the the plan to eliminate the intellectuals.

According to case documents, Ashrafuzzaman was the commander of Al Badr's Gazi Salahuddin Company.

Like Mueen-Uddin, he, too, fled to Pakistan where he worked for a while. He then moved to the US.

Ashrafuzzaman is said to be living in New York's Jamaica. He is a member of Islamic Circle of North America.

Before and after cases

Md Shahjahan Kabir investigated the charges against Ashrafruzzaman for the tribunal.

Md Ataur Rahman investigated the charges against Mueen-Uddin.

On April 28 this year, the prosecution formally pressed its charges against the two former Al-Badr leaders.

The tribunal on May 2 took cognizance and issued arrest warrants against them.

As the prosecution reported to the tribunal that Ashraf and Mueen-Uddin could not be found , the tribunal asked its registrar to publish public notice in two dailies asking the two accussed to appear for trial within ten days.

But neither turned up at the tribunal -- so the trial began in absentia.

11 charges were framed against the two Al-Badr leaders for committing 'crimes against humanity'during the 1971 Liberation war.

Two lawyers were tasked to represent the defendants at the trial.

25 witnesses, including two investigation officers, gave evidence in the tribunal for the prosecution.

Martyr Prof Giasuddin Ahmed’s niece Masuda Banu Ratna on July 15 testified as the first prosecution witness.

As the defendants were on the run, none gave witness for them.

After arguments for and against charges ended on Sept 30, the court said it will announce the verdict soon.

Ninth verdict

The much-awaited trial proceedings have begun after the present government formed the tribunal on March 25, 2010.

In its first verdict, the war crimes tribunal sentenced former Jamaat leader Abul Kalam Azad alias Bachchu Razakar to death in absentia on Jan 21 this year.

Jamaat's Assistant Secretary General Abdul Quader Molla was given life in prison in the second verdict on February 5.

That led to a mass upsurge because thousands considered Molla's verdict 'too lenient".

The government amended the law to give equal opportunity of appeal to both prosecution and defence, after which the Supreme Court was moved against Molla's life sentence.

Later, the Supreme Court’s Appellate Division revised the sentence and handed down death penalty to Quader Molla on Sept 17.

Jamaat's number two Delwar Hossain Sayedee was sentenced to death on Feb 28 in the third verdict.

This verdict was followed by countrywide violence unleashed by the Jamaat-e-Islami and its affiliates.

At least 70 people including several policemen were killed in the mayhem.

The party's Assistant Secretary General Mohammad Kamaruzzman was also ordered to walk the gallows in the fourth verdict delivered on May 9.

In the fifth verdict, Jamaat's Liberation erstwhile East Pakistan chief,Ghulam Azam, was sentenced to 90-year in prison on June 15.

The tribunal said it did not give him death sentence considering his age and failing health.

On July 17, Jamaat's Assistant Secretary General Ali Ahsan Mohammad Mujaheed was sentenced to death in the sixth verdict.

BNP MP Salauddin Quader was given death penalty on Oct 1 in the seventh verdict.

Former BNP Minister Abdul Alim was jailed for life on Oct 9 in the eighth verdict.