This page sets out the remaining part of the indictment: charge 4 (conspiracy) and charge 5 (crimes against humanity) against Golam Azam. To read the first section of the indictment (Introduction, History, the Accused, Prosecution and defense arguments) and to read the second part (charges 1, 2 and 3)
Golam Azam, at the Accused Box, then said: I’m not guilty. There are long list of offences but in 1973 the Sheikh Mujibur Rahman Government has prepared a list of the war criminals, but my name was not enlisted there. Afterwards they have persecuted me and I was included in the list of collaborators. After releasing the main perpetrators the trial cannot run against the collaborators, so Sheikh Mujibur Rahman has pardoned them. The matter of trying the war criminals has came forward after the election of 2001, when the BNP-Jamat alliance won 197 seats whereas the Awami League has won only 58 seats. They understood that if the alliance continues then they will not win the election in future. So they have raised the issue of trying the perpetrators of liberation war.
Justice Nizamul Huq: Now, you have to just say whether you are guilty or not guilty. And later on your counsels will use the points as you’re raising. Please take your seat.
Justice Nizamul Huq: The charges are read over. And the accused said that he is not guilty.
5th June, 2012 is fixed for Opening Statement and for prosecution witness.
Hearing was adjourned
Charge No 4:
That on 04.04.1971, you were part of a 12 member team consisting of Nurul Amin, Maulavi Farid Ahmed, Khawaja Khayer Uddin, AKM Shafiqul Islam, Maolana Nuruzzaman, Hamidul Huq Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi and others met with Lt. General Tikka Khan, the Chief Martial Law Administrator of the "Kha" Zone of occupied Bangladesh at the Governor House of Dhaka. This meeting was held at such a time when large scale genocide had already been committed through 'Operation Searchlight' on March 25 and that the Pakistan Army had already committed many crimes against the common people for almost nine days. Your presence in that meeting not only demonstrates your acquiescence to all the crimes committed throughout the country from March 25 to April 4, but your offering of 'purno shohojogitar ashash' to the Pakistan Army demonstrates your complicity in the all subsequent above-mentioned crimes committed in 'Bangladesh.
And
On 06.04.1971, as Ameer of Jamaate-Islami, you held an one to one meeting with Lt. General Tikka Khan, the Chief Martial Law Administrator of the "Kha" Zone. and extended 'purno shohoiogitar protrsruri' with the goal to bring back 'shabhabik obostha' in the country. In the meeting, you expressed concern over 'Pakistaner abbhontorin beparey Bhatoter hostokkhep' and 'Pakistaner shoshosro onuprobeshkari preron'. You assured that the patriotic citizens of the country would assist the Pakistan Army, to frustrate the on going conspiracy 'shorojontro nosshat korar jonno shoshostro bahinike shohayota koribe' indicating vour complicity in all above-mefltioned crimes committed in Bangladesh.
And
On 09.04.1971", the Shanti committee was expanded to a 140- member body where you held the third position while Khawaja Khayeruddin was nominated as the Convenor of this Committee. The constitution and control of the local Peace Committees at the Union, Moholla levels was vested on the said Central Peace Committee. The goal of the Peace Committee was to assist in attacks on the common people of Bangladesh and the commission of above-mentioned crimes. As a leader of Shanti committee, set-up to commit crimes, you are complicit in commissioning of all the above mentioned crimes.
And
With the intent to conduct its criminal activities more efficiently and extending the organlsations activities throughout the country, on 15.04.1971, the name of the 'Nagorik shanti committee' was changed to 'Kendriyo Shanti Committee'. A 21-member Executive Committee was also formed of which you held third position. A decision was taken to form units at the district and sub-division levels to execute the plans of the committee. The other members of the Conrmirree were. [20 names mentioned]. You were one of the main leaders of the Executive Committee of the said Central Peace Committee and since the objective of Shanti Committee was to assist the Pakistan Army to commit crimes and since the Committee itself played a role in the execution of the plan to commit crimes, your complicity in all the above-mentioned crimes committed are clearly demonstrated.
AndAzam was then asked about whether he was guilty or not guilty
You met with Jamaate-Islami leaders at Jessore, Khulna and Dhaka’s Mirpur, Lalbagh, Chawk, Lalmatia and Thataibazaar as part of your tour of various parts of Bangladesh during which you took part in a series of meetings and gave speeches. During such meetings you and other leaders of Jamaate-Islami praised the Pakistan Army and stated that the Army had saved the country at a moment of crisis. You also expressed satisfaction stating that the local people of East Pakistan had also assisted the Pakistan Army. Such praising of the Pakistan Army indicate your complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army in the guise of protecting the countrv from the so-called 'shongkot' .
And
On 18.07.1971. while addressing journalist at the Lahore airport you extended your support towards the nationwide criminal activities and illegal occupation of the Pakistan Army by rejecting the possibilitv of transferring power to the elected representatives for the sake of bringing an end to the crisis. You stated that the true representatives who were unanimously elected had been declared illegal, a declaration which in fact been made on behalf of the occupying Pakistan Army. You also informed journalists that you would be informing President Yahya Khan at Rawalpindi of possible steps that could be taken to improve 'unnayan' the siruation of East Pakistan, which in essence indicates your close proximity to the ongoing incidents in Bangladesh. By expressing your support towards the illegally occupying Pakistan Army, you termed the whole populatron supporting the independence of Bangladesh as 'dushkritikart' and their legitimate demands as destructive 'dhongshattok kaj hishebey'. You also demanded that so-called 'prokrito' miscreants be apprehended ('pakrao') during the effort to contain the ongoing situation. The promise you made commiting yourself and the auxiliary forces under your control to offer full assistance to the Pakistan Army indicates complicity in the above-mentioned crimes committed throughout the country by the Pakrstan Army and the auxiliary forces.
And
During your exchange with journalists on 19.06.1971 you impressed upon the topics discussed with President Yahya Khan, where you urged the Government to supply arms and ammunition to those who believed in the ideal and unity of Pakistan in order to combat the so-called 'dushkritikari'. It must be noted here that by referring to those who believed in the ideal and unity of Pakistan you meant members of the Jamaate-Islami as well as members of the Shanti Committee, Al- Badr, Al-Shams and Ai-Mujahid etc. You also stated that those who did Not support the ideal of Pakistan was not a friend of Pakistan. You reiterated the position of the military regime of Pakistan by dubbing the independence-loving people of Bangladesh as separatists and miscreants and clearly stated your position to effectively combat them. Your demand of arming the so-called parriots 'deshpremikder' so that it would be possible to effectively combat and eliminate the so-called 'dushkritikari', who supported the independence of Bangladesh, demonstrates your complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiJiary forces.
And
On 20.06.1971 you raised the issue of the incidents taking place in Bangladesh, the overall situation and what needs to be done in front of journalists during a press conference held at the Jamaate-Islami office, Lahore. During your speech you informed that so-called 'dushkritikari' were still active in East Pakistan and in order to effectively combat them the arming of the so-called 'shantipriyo' citizens for the sake of security 'nirapottar jonno' was necessary. When referring to 'shantipriyo' citizens, vou meantt members of the Shanti Committee, Al-Badr, Al-Shams etc. Although, you justified the arming of the so-calied 'shantipriyo' citizens by stressing on the issue of their personal security, you had also in fact revealed your true intent of combatting 'protirodh' the activities of the so-called 'dushkritikari' in the same sentence. Your clear position in support of the military regime of Pakistan and its evil design to regarding independent Bangladesh and her independence loving people and call to arm the so-called 'shantipriyo' citizens in furtherance of that design indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.
And
You hailed on 21.06.1971, the role played by the Pakistan Army for destroying the so-called separatist movement in East Pakistan while giving a speech before members of the Jamaate-Islami in Lahore. You stated that there was no other way to save the country from separating without intervention by the Pakistan Army. This unconditional support conveyed by you towards all criminal activities by the Pakistan Army indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.
And
In a press conference held at a hotel in Karachi on 22.06.L971, you urged all your followers and everyone else to offer effective assistance and full cooperation to the authorities in order to re-establish so caiied 'shabhabikota'. You also said that the people of East Pakistan would always live together with their West Pakistani brothers for the sake of their survival. You further stared that the objective of the 6- points demands of the banned Awami League was to separate East Pakistan from West Pakistan. You also demanded that the Government ban those political parties that had openly engaged in movement in support of the 6-point demands, which you perceived as a separatist movement. You urged all concerned to take effective steps to bring back a sense of faith amongst the people and also to combat the so-caIled 'dushkritikari' and anti State elements 'rashtrobirodhider'. You also hailed all the steps and activities of the Pakistan Army which were all of criminal nature. Such a speech made by you expressing all out support towards all activities of the military regirne of Pakistan, calling all to offer full cooperation to the military authorities and if needed, offer full assistance by directly taking part in crirninal activities indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.
And
On 06.08.1971, tbe local Shanti Commiteee organised a meeting at Kushtia Public lirary, during which you dubbed the Awami League and Sheikh Mujib as 'Bharoter dalal' and 'bisshashghatok'. In your speech You also stressed upon the need of 'qurbani' for the freeing of Muslims frorn the Hindu domination. In the end you classified the Bengali Hindus of occupied Bangladesh as 'shorojontrokari'. By classifying the Arvami league and Bengali Hindus as 'dushkririkari' and 'rashtrobirodhi', you called upon the comrnon people to combat them by cooperating with the Shanti Committee and concerned authorities. When referring to he comrnon people you in essence meant members of the Jamaate- Islam, Shanti Committee , Razakars and other auxiliary forces over whom you had influence and control. During the meeting you also expressed gratiude towards the Pakistan Army for taking the necessary steps 'jothashomoye bebostha grohon' for preserving the unity of Pakistan and also called for Alla's divine intervention. It was through a speech of this sort that you expressed solidarity with the activities of the Pakistan army and all its criminal activities. In your speech you called upon all to offer full cooperation to the Pakistani military authorities, prayed for Allah's divine intervention, thanked the Pakistan Army for their acts, fullu endorsed your support which indicates complicity in the above mentioned crimes committed throughout the country by the Pakistan Armv and the auxiliary forces.
And
On 20.08.1971 you were present at a Jarnaate-Islami Central Council meeting at Lahore presided over the party’s Assistant Ameer Maulana Abdur Rahirm. During this meeting you offered full support to the decision taken by the Pakistan government to repress the banned Awami League by armed means 'shoshosro domon'. It rnust be noted that the repressive measures were of criminal nature and the 'purno shornorthon' offered by you towards these measures indicates complicity in the above mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.
And
You spoke at a press conference held at Peshawar on 26.08.1971,, '' during which you dubbed the revolutionaries against Pakistan as 'Mir Zafar’ and stated that the Pakistan Army had saved East Pakistan from the evil motives of India, You subsequently called the revolutionaries against Pakistan 'dushritikari o onuprobeshkari' and members of the Arvami League as 'fasibadi' . You also urged to provide full cooperation by the Bengali population to the Pakistan Army to destroy them. By stating the destruction of rhe 'dushirritikari', 'onuprobeshkari' and 'fesibadi' you were in referring to the commission of criminal acts against them. Your speech signifies full cooperation towards the criminal activities of the Pakistan Army which indicates your complicity in the crimes committecl throughout the country by the Pakistan Army and the auxiliary forces.
And
On 26.08.1 971, you as Ameer of the Jamaate-Isrami extended deep respects towards the Pakistan Army for protecting the unity of pakistan in the midst of severe constraints and obstacles, at a party members gathering held at the Town Harl of peshawar. There you said that chanting slogans would not be enough to address the damages done in East Pakistan by a group of 'bicchinotabadi. In your speech you not only expressed unconditional support to all criminal activities of the Pakistan Army but also urged the rnembers of your own political patry and others to engage in repressive and criminal activities by stating that the mere chanting of slogans would not suffice. This indicates your complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.
And
On 30.08.1971, at a press conference held at Hyderabad, you mentioned the martyrdom of 500-700 volunteers of the auxiliary forces while trying to protect the unity of pakistan. You demanded the dissolution of the Jatiyo Parishad, and the holding of fresh erections. You also demanded the strengthening of the deshpremik o Islam priyo, persons, i.e. those persons who were supporting the unity of pakistan and were assisting the Pakistan Army. According to you these persons had helped in bringing the situation in occupied Bangladesh under control 'poristiti niyontron'. By stating poristhiti niyontron, you were in fact referring to the repression of those who supported the independence of Bangladesh whom you dubbed as dushktikari, rashtrobirodhi o bidrohi' you also mentioned the assisting of the Pakistan Army and the concerned authorities by the so_called 'deshpremik' in the efforts to repress those who supported the independence of pakistan. By hailing the pakistan Army you expressed your support towards all their activities. You mentioned the important role played by the Tolabaye Arabiya, Islami Jamtyate Tolaba and Shanti Committee in the process of combating the so-called 'dushkritikari o Bharotiyo agent'' By stressing upon the importance of the auxillary forces you confirmed your connection to the criminal activities of the Pakistan Army. Your speech also confirms the connection between the criminal activities of the Pakistan Army and you and your auxiliary forces and indicates your complicity in the above-metioned crimes committed throughout the country, by the Pakistan Army and the auxiliary forces.
And
You spoke at a press conference at the Karachi office of Jamaate- Islami on 31.08.1971, and expressed gratitude towards the Pakistan Army for protecting Pakistan 'Pakistan Pokkhay'. By protecting Pakistan 'Pakistan rokkha', you meant upholding the unity of Pakistan by repressing the people of Bangladesh supporting its independence which also signifies your support towards the criminal activities of the Pakistan Army, You dubbed the supporters of the independence of Bangladesh as Bad muslim 'bhalo Mussleman noy', who according to you were so called 'bicchinotabadi'. You also mentioned the repression of these persons by so-called 'ekmona o deshpremik' persons. Your speech confirms your support and connection with the criminal activities repressing those supporting the independence of Bangladesh. Your hailing of the activities of the Razakars also conveys your support towards the crimes they committed and confirms your association and connections to these crimes. Thus your speech indicates your complicity in the above-mentioned crimes committed throughout the country by the Pakistan army and the auxiliary forces.
And
On 03.o9.1971, you and other leaders of the Jamaat-e-Islami agreed to eliminate the so-called revolutionaries and anti social elements 'bidrohider' and 'shomajbirodhider', in the efforts to bring back a state of normalcy at a meeting of party leaders at the Dhaka city office of Jamaat-e-Islami located at 91/92 Siddiq Bazaar Dhaka. While discussing the political and law and order situation in the country, you stressed upon the importance of efforts to bring back a state of normalcy in the country When referring to the 'bidrohi o shomajbidrohi', you meant the people supporting the independence of occupied Bangladesh and the innocent Bengali population. The nature of decisions taken by you during this meeting along with your support, connection to and association with the brutal elimination of persons supporting the independence of Bangiadesh indicate your complicity in the above mentioned crirnes committed throughout the country by the Pakistan Army and the auxiliary forces.
And
You issued a statement from Dhaka on 10.09.1971, where you stated intelligent and sharp persons should be included in the Pakistani delegation at the upcoming General Assembly of the United Nations. You stated this because you believed that in the midst of the severe on going crisis there would be many criticisms against at the United Nations General Assembly and they would have to attend many debates. Hence, right selection Pakistan delegation was a matter of sustaining of the national unity, not a matter of person or personality. You advocated the appointing of 'bagrni o khurdhar buddhishomponno' because you knew that thev would have to face questions at the United Nations regarding the torture, repression, genocide and crimes against humanity committed against the people of occupied Bangladesh by the Pakistan army and its auxilllary forces. This is why you wanted that a competent delegation be sent capable to explaining such activities. Such prescriptions made by you confirm you association connection and support towards ali criminal activities of the Pakistan Army and its auxiliary forces which indicates vour complicity in the above-mentioned crimes committed.
And
During mid September of 1971, while congratulating the newly appointed Cabinet under the military regime of pakistan, you hailed the operation of the Pakistan Army and mentioned that the central and local Shanti committee were working towards bringing back a sense of normalcy in the countrv. You also expressed hope that the newly constituted Cabinet would funcation even better than the Sha.nti committee. Through your speech you expressed solidarity with the criminal activities of the Pakistan Army and the Shanti Committee thereby clarifying your own association with such activities, and thus indicating your complicity in the above-mentioned crimes committed throughout the county by the Pakisran army and the auxiliary forces.
And
On 25.09.1971, during a reception thrown in the honor of Provincial Education ministry Abbas Ali Khan and Revenue Minister AKM Yusuf at the local Hotel Empire, Dhaka, you reported about sending of members of the Jarnaate-Islami to the Razakar Forces and the shantj comrniltee You went on to say that the two members of Jamaate-Islarni who had joined the Cabinet were forced to do so by the party rnembers and the objective with which the Jamaate-Islami had sent its members to the Razakar Forces and Shanti Committee was identical to the objective behind sending its members to the cabinet. You stated further that the two Jarnaat-e-Islami members were sent to join the cabinet in line with your own efforts of returning a state of normalcy 'shanti' to the country. The sending members of your own party to forces auxilary to the Pakistan Army, such as the Razakar Forces and the Shanti committee, in the name of establishing peace 'shanti', indicates your colnpiicity in the above-mentioned crimes comrnitted throughout the counuy by the Pakistan Army and the auxiliary forces.
And
During a pubric meeting organized by the Jamaate-Islami at the Bairul Mukarram premises on 16.10.1971 you stated that in order for the Bengali Muslims to live their lives keeping their livelihood and rights in tact, the preserving of the unity of pakistan was imperative. You placed blame on the so-called 'choromponthi’ of the banned Awami League for all the miseries of the country and stated that the Jamaat-e-Islami was working relentlessly through the Shanti Committee to the establishing of a civilian, government in the country-. This speech made by vou clearly shows your association with the criminal activities of the Pakistani milirary forces and the Shanti committee indicating your complicity in the above-mentioned crimes committed throughout the country by the Pakistani military forces and the auxiliary forces.
And
After returning from Lahore, on 26.11.1971, during an exchange with journalists, you hailed the role played by the Razakars and demanded that they be armed with modern weapons. You stated further that doing so would allow the destruction of the 'dushkritkari'. In 1971, the criminal activities of Razaker forces spanned throughout the country and this force was made up of members of the Jamaate-Islami under the initiative of the Pakistani military forces. Therefore, by hailing the role played by this organizatlon, your complicity in the abovementioned crimes committed throughout the country by the pakistan military forces and the auxillary forces.
And
On 28.11.1971 during a meeting of the united coalition party (UCP) held at Rawalpindi, you admitted that you and the organizations under youir control were involved in assisting the Pakistan Government in taking measures against the 'bicchrinnotabadi' and 'rashtrobirodhi, persons because vou considered it to be your duty to do so. During your speech you stared that the UCP was committed towards upholding the uniw of the country under the leadership of Nurul Amin. You urged President Yahya Khan to rour East Pakistan in order to attain the assistance of the so-called 'deshpremik' of East Pakistan. You mentioned that al1 patriotic people of East Pakistan were working unitedly and that a 6-party coalition had been formed there to take part in the by-elections of llast Pakistan. In your speech vou also stated that members of the United Coalition Party and Razakars were sacrificing their lives to protect the country. This speech made by you indicates your complicity in the abeove-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces. Through vour above acts and commissions, you were complicit in commission of the crimes specified in section 3 (2) of the Act, and as a result of which crimes mentioned in section 3 (2) of the Act were committed in all-over Bangladesh, and therefore you are charged under section 3 (2) (h) read with section 4 (1) and section 4(2) of the Act for commission of the crime of complicity in commissioning the crimes specified in section 3(2) of the Act, which is punishable under section 20 of the Act
Charge No 5:
That after the crackdownn on March 25, 1971, seeing the Pakistan Army moving towards lMohamrnadpur Police Station at 11.00 pm, Sub Inspector of Police Siru Miah went to his house at Chamelibagh and on March 28. 1971 he along with his wife Anwara Regum, minor son Anwar Kamal and other relatives went to his village at Ramkrishnopur, P.S. Homna, District Brahmanbaria and started helping the people who were leaving the country as refugees. On October 25, 1971, the said Siru Niah along with his son Anwar Kamal and others in order to go to India Left their home and they had two revolvers, one with Siru Miah and another with Nazrul Islam and they were arrested by Razakars at Tantar checkpost of Kashba P.S. on October 27, 1971, at about 10.00 in the morning and were taken to the Razakars camp. At that time 5-6 members of the Pakistan Army came there and took the two revolvers from them and they were fastened with wire and kept in a truck going towards Brahmanbariya and at about 12 noon they were taken to Brahmanbariya court. They were abused like anything and the wristwatch and ring which they possessed were forcefully taken from them and they were iaken to Razakars manzil and people were told that a special force with arms had been captured and from then every morning they were taken to the house of Dana Miah and tortured which was looked into by Jamaat-e-Islami leader and Shanti Committee (Peace Committee) member Peyara Miah and the torture continued for the whole day and then taken to Thana hazat. After 2-3 days they were taken to jail. You being the Ameer of East Pakistan Jamaat-e-Islami and a central leader of the shanti committee (Peace committee), the wife of Siru Miah developed an idea that if vou try then all of them may be released and Siru Miah's wife came to Dhaka in the house of her sister whose husband was a teacher of your sons, Azmi and Amin and you were requested by the said teacher and you said that you all knew it and you asked the said teacher to meet you after two days. After two days when the teacher met you, you went to the office of Jamaat-e-Islami at Nakhalpara and gave him a enclosed envelope asking him to give it to Pevara Miah and when the said envelope was given in th hand of Peyara Miah, reading that letter he showd another letter, official letter written by vou where it was written to kill Siru Miah and his son as they were freedorn ftghters. Then Peyara Miah told that this letter contained nothing new, and told Siru Miah’s wife to go home and pray. Ultimately those persons along with others, a total of 40 persons, were taken out of the jail. Subsequentlyy one person named Shafiuddin was released as he knew Urdu and others were taken to Pourotola and were shot at by Razakars and AI-Badr and one survived and the remaining 38 were killed. Thus, under your direct instruction, SI Siru Miah, Anwar Kamal, Nazrui Islam and Abul Kashem, in total 38 persons, were killed, Anwar Kamal tortured and therefore you committed crimes of murder and torture as crimes against humanity under Section 3(2)(a) of the International Crimes (Tribunals) Act 1971. Thus you have commited the offences, under different provisions ot section 3(2) and 4 of the Act, which are punishable under section 20(2) of the Act and with the cognisance of this tribunal. And we hereby direct you to be tried by this tribunal on the said charges.
Golam Azam, at the Accused Box, then said: I’m not guilty. There are long list of offences but in 1973 the Sheikh Mujibur Rahman Government has prepared a list of the war criminals, but my name was not enlisted there. Afterwards they have persecuted me and I was included in the list of collaborators. After releasing the main perpetrators the trial cannot run against the collaborators, so Sheikh Mujibur Rahman has pardoned them. The matter of trying the war criminals has came forward after the election of 2001, when the BNP-Jamat alliance won 197 seats whereas the Awami League has won only 58 seats. They understood that if the alliance continues then they will not win the election in future. So they have raised the issue of trying the perpetrators of liberation war.
Justice Nizamul Huq: Now, you have to just say whether you are guilty or not guilty. And later on your counsels will use the points as you’re raising. Please take your seat.
Justice Nizamul Huq: The charges are read over. And the accused said that he is not guilty.
5th June, 2012 is fixed for Opening Statement and for prosecution witness.
Hearing was adjourned
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