Tuesday, October 4, 2011 Sayedee indicted
War crimes trial gets rolling with framing of 20 charges against him; Jamaat leader terms all allegations false
The International Crimes Tribunal yesterday framed 20 specific charges against detained Jamaat-e-Islami leader Delawar Hossain Sayedee for committing genocide and crimes against humanity during the Liberation War of 1971.
The charge framing represents a watershed in the country's history as it marks the beginning of the tribunal's first trial since its formation on March 25 last year.
Sayedee, who sat in the dock throughout the 80-minitue proceedings, pleaded not guilty after the court read out the charges against him and asked him whether he is guilty or not.
The charges he faces include murdering civilians; collaborating with the Pakistani occupation army to kill and torture unarmed people; looting valuables; destroying and torching houses and other properties; persecuting civilian population on religious and political grounds; and committing atrocities on the Hindu population.
Sayedee was directly involved in abduction, confinement and raping of several girls. He raped a Hindu girl on several occasions. He also forced some Hindus to convert to Islam, an act the court considers a crime against humanity.
He committed the crimes in Pirojpur between March 25 and December 16, 1971, as part of a group of individuals and also as a member of Shanti (peace) Committee. Sometimes he led teams of Razakars (collaborators).
After the war started, the peace committee and Razakar Bahini were formed to collaborate with the Pakistan occupation forces.
One of the charges, framed under the International Crimes (Tribunals) Act, 1973, cites Sayedee's involvement in killing three Bangalee government officials and throwing their bodies in the River Baleshwar.
Foyezur Rahman Ahmed, father of famed writer Humayun Ahmed and noted educationalist-writer Muhammad Zafar Iqbal, was among the three. He was serving as a police officer in the then sub-division of Pirojpur.
The other two were Saif Mizanur Rahman and Abdur Razzak, deputy magistrate and sub-divisional officer (in charge) of Pirojpur.
Tribunal Chairman Justice Md Nizamul Huq along with its two other members--Justice ATM Fazlul Kabir and AKM Zaheer Ahmed-- started the proceedings yesterday at 10:30am.
Though charge framing was the only item on the tribunal's agenda yesterday, it issued a show-cause notice against national daily New Age for publishing an article, which the court said was "contemptuous" and written with "intention to lower down the tribunal's image".
While passing the order on charge framing, the tribunal gave an introduction on the case, which is the first in its history. It also introduced itself and explained the context of crimes it is dealing with.
The tribunal narrated a brief history of the partition of India in 1947, Bangladesh's liberation in 1971, formulation of International Crimes (Tribunals) Act, 1973, and formation of the tribunal in 2010.
On July 11 last year, the prosecution placed 31 specific formal charges against Sayedee. Three days later, the tribunal took the charges into cognisance. Last month, it heard elaborate arguments from the prosecution and the defence.
After reading out 20 charges in English, the presiding judge as per the procedure asked Sayedee if he was guilty or not guilty.
At this point, Sayedee's counsel Tajul Islam told the court that the charges should be read out in Bangla so that Sayedee can understand those properly before pleading guilty or not guilty.
He repeatedly demanded that the court allow Sayedee to consult his lawyers before pleading anything.
In reply, Justice Md Nizamul Huq asked Tajul not to say anything that might taint his own image. The judge then asked the police to bring Sayedee in a front dock from the dock at the back of the courtroom.
At that time, Tajul hurriedly walked towards Sayedee and whispered something in his ears.
Seeing this, Justice Nizamul Huq said: "Tajul sahib, this is not fair. Now he [Sayedee] is talking to the tribunal."
After the court read out the charges in Bangla, Sayedee said he understood the charges when those were read out in English. He also asked for the court's permission to consult with his lawyer.
The judge told Sayedee that at that stage he was supposed to plead guilty or not guilty, and there was no scope for him to consult with his lawyer.
In response, Sayedee said he wants to say something before the court before pleading anything.
After the court gave him permission to speak, Sayedee gave a speech of around 15 minutes, reciting a number of verses from the Quran. He was sitting on a chair.
He claimed that he is a "victim of lies and political vengeance" of the government.
Complaining that a prosecutor pronounced his name distortedly, Sayedee told the tribunal chairman: "As you've recently performed Hajj, I expected you to ask the prosecutor about it [distorting his name]."
He went on to explain the value of judges to Allah.
He said there have been no complaints against him in the years following the Liberation War. But when he became a member of Majlish-e-Sura of Jamaat in 1980, he was referred to as a former member of Shanti Bahini and razakar.
"Let me say this in clear terms, I'm not a razakar. Indian razakars call me a razakar," Sayedee said, adding that he never worked against humanity and that he rather spoke for humanity in many countries.
"Every line, word and sentence in the investigation report is a lie," he told the court. "I was never a razakar or Al-badar. Those who prepared this false [report] have no fear of Allah."
He said the entire proceedings and the case against him are stage-managed. He claimed he was never a part of any of the activities mentioned in the charges and said he never held any meeting with Pakistani army for even a minute.
He appealed to the court for exemption from the "false accusations".
"I'm an innocent man," he said, "Allah's curse will befall them who isolated me from the people and humiliated me."
Terming his accusers "dictators", he said he would wait to see Allah's gazab (punishment) and lanat (curse) come down on them.
Tribunal Member AKM Zaheer Ahmed then told Sayedee that framing charges does not mean he will be punished. He also explained the process of holding the trial.
The court has set the date for opening statement of prosecution and examination of prosecution witnesses on October 30.
"The proceedings shall take place every workday until further order," the court said.
Sayedee's counsel Tajul Islam sought three months' time for preparations to defend his client. The court, however, did not respond to his prayer.
According to the rules of procedure of the tribunal, the accused, after pleading not guilty, will get at least three weeks for preparing his defence.
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যুদ্ধাপরাধে অভিযুক্ত সাঈদী
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