‘We are not handicapped’: tribunal says to Tajul as counsels bicker

The exchange takes place during the charge-framing hearing over enforced disappearances

A heated exchange has taken place between the prosecution and defence during the charge-framing hearing over enforced disappearance and torture during the tenure of the ousted Awami League government.

The incident occurred on Tuesday when the three-member International Crimes Tribunal-1, led by Justice Golam Mortuza Mozumder, delivered its order on framing of charges.

The tribunal ordered the commencement of trial against ousted prime minister Sheikh Hasina, her home minister Asaduzzaman Khan Kamal, and 15 army officers on charges of crimes against humanity over enforced disappearances and torture at the Rapid Action Battalion’s Taskforce for Interrogation (TFI) cell.

The tribunal also set Jan 21 as the date for the prosecution’s opening statement and witness examination.

Chief Prosecutor Mohammad Tajul Islam appeared for the state, along with prosecutors Md Mizanul Islam and BM Sultan Mahmud. The defence was represented by Tabarak Hossain and ABM Hamidul Mishbah.

The tribunal’s first member, Justice Md Shafiul Alam Mahmud, began reading out the charges, before asking the suspects whether they pleaded guilty.

At this stage, defence counsel Tabarak, representing seven army officers, stood up and sought to make submissions regarding the next steps. He requested four weeks’ time before the start of testimony.

When the tribunal chairman showed willingness to grant time on Tabarak’s application, Chief Prosecutor Tajul rose to oppose the granting of four weeks.

Justice Shafiul Alam Mahmud intervened, saying: “We expect patience from you, learned chief prosecutor. We will hear you as well, and then pass an order.”

Tajul responded, “But you are already giving the order.”

Justice Mahmud replied, “I have not given an order, I am expressing an opinion. An order and an opinion are not the same. We are not handicapped. We will hear you and then pass the order.”

Defence counsel Tabarak then argued that the law provides for at least 21 days and that reviewing all the charge documents will take considerable time.

He said a book by Barrister Arman, a victim of enforced disappearance and torture, runs to nearly 200 pages and must be read. He insisted that at least four weeks are required.

Referring to the law, Tajul countered that the statute mentions 21 days, which has already been provided.

He said copies of the charges were supplied nearly a month ago and there is no justification for granting more than 21 days, alleging that the defence sought to delay the trial.

After hearing both sides, the tribunal chairman granted four weeks’ time and assured the chief prosecutor that hearings would be held regularly during the trial so that no unnecessary delay would occur.

Following this assurance, the chief prosecutor did not raise any more objections.

At this point, defence counsel Tabarak stood up again and said, “I always speak to the learned chief prosecutor with due respect. But before the tribunal, he has behaved with me in this manner. He did not even show respect for my age. I am saying this as a complaint to you.”