28 May 2012: Nizami indictment 2

This is the final part of the indictment/charge framing order relating to Nizami. The first sections are on this page

Charges 

We Justice Md.Nizamul Huq, chairman, Justice Anawarul Haque and A.K. M Zaheer Ahmed Members of the International Crimes Tribunal-1, hereby charge you Matiur Rahman Nizami' son of late Md Lutfurr Rahman of village-Monmothpur, Police Station-Sathia, Disrict- Pabna, at Present House No 60 Road No 18 Banani Police Station- Gulshan, District-Dhaka as follows:

Charge no 1:  

That on 4.6.1971 Kasim Uddin the Head Moulana of Pabna Zia School, was arrested by Pakistan Army from "Moslem Kha Te Matha" as he was perceived to be a supporter of the campaign to free Bangladesh of Pakistani occupation, and a social worker; you intended to eliminate him and at you instigation, he was arrested. After arrest he was taken to the army camp at Nurpur WAPDA powerhouse in Pabna town, and there, in your presence' he was severely tortured. Later on 10.6.1971 he was taken to the bank of lsamoti River along with two other persons. Then they were fired at and all three were killed. You were clearly responsible for causing arrest, detention, torture and killing of the above victims and in this regard, commission of the crimes specified in section 3(2)(a) of the Act.

Through your above acts and commissions' you caused arrest detention, torture and murder of above victims as crimes against humanity specified in section 3(2)(a) of the Act and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of' the Act"

Charge Number 2: 

That on 10.05.1971,you invited the inhabitants of village Baousgari Ruposhi primary school for a meeting where you made a speech telling the villagers that soon Pakistan Army will arrive there to secure "peace" in the area. Indeed, on 14.05.1971 at about 6.00/6.30 a.m. the members of Pakistan army arrived there along with the Razakars and Asad, your accomplice. They surrounded the villages of Baousgari Ruposhi and Demra and then picked up about 450 civilians who were all shot-at and killed. Those killed, amongst others, were [49 specific names set out] Before killing, the victims were compelled to stand together beside a large ditch. The entire operation was carried out pursuant to prearranged plan to indiscriminately eliminate civilians. Killings over, the army and Razakars then raped about 30-40 women, as a result of which, many of the rape victims were forced to Ieave the country and as such effectively deported to India as refugees. The said Razakars, composed of your followers, were organized under your direction. Your meeting at Baousgari Ruposhi Primary School on 10.05.1971, prima facie establishes that the said crimes of 14.05.1971 were pre-planned and commissioned with your knowledge, and that you were responsible for conspiracy, killing raping and deportation of the said civilian victims.

Through your above acts and commissions, you conspired to commit crimes under section 3(2)(g) of the Act, and caused murders, rapes and deportation of above victims as crimes against humanity specified in section 3(2)(a) of the Act, and therefore you are charged under section 3(2)(a) and 3 (2)(g) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 3: 

From beginning of May 197!, as a reader of Islami chattra Shangha, you along with other leaders of Jamaat-e-Islami regularly paid visit to physical training institute, Mohammadpur, Dhaka, which was turned by Pakistan army into a training center for various auxiliary forces including Razakars and Al-Badar. The Center was used as a detention camp and torture center. It quickly earned notoriety and because mere utterance of its named chilled spine of the people in 1971 as it was a killing ground and victims were always killed after brutal torture. It was also a center where practical arrangements were made to eliminate victims, plan drawn and executed. As a chief of Al-Badar Bahini, during your visits, you also conspired there with the army officers in order to commit different international crimes against the Bengalis, as a result of which throughout the country the auxiliary forces and the Pakistan army committed different international crimes. Your visits to the torture and killing ground at the physical training Institute, Mohammadpur, Dhaka as leader of Islami Chattra Shangha and AI-Badr Bahini to conspire to commit crimes under section 3(2)(g) of the Act, confirmed and clearly demonstrate your complicity to the international crimes committed there.

Through your above acts and commissions, you conspired to commit crimes under section 3(2)(g) of the Act, and were complicit in torture, murder and rape committed there, and also for the trainings glven to auxiliary forces who went on to commit further crimes of torture, murder and rape constitute crimes against humanity specified in Section 3(2)(a) and 3(2)(h) of the Act, and therefore you are charged under section 3(2)(h), section 3(2)G) and section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 4: 

That along with a group of Razakars you went to the village Karamja and reminded the villagers that they will face consequences for not voting in your favor in the last election. Then on or about 24/25 ApriI, 1971 on your direction and planning, you and others, along with local Razakar Afzal with help of other Rizakers, killed Habibur Rahman Sarder of Purbo Karanja at the bus stand allegedly for helping the freedom fighters. Thereafter, sequence to your same plan, in early morning on 08.05.1971, member of your Al-Badar Bahini, Rafikunnabi Bablu along with Razakars reached the village Kalantja with Pakistani military forces and surrounded the house of Megha Thakur, and started indiscriminate firing. Eventually, 1) Megha Thakur, 2) Sosthi Halder, 3) Adu Halder, 4) Karu Thakur, 5) Kartik Haldet, 6) Suresh Chandra Halder, 7) Deju Halder 8) Mohammad Fakir Chand 9) Santi Halder and 10) Murali Das were detained. They were directed to stand on a queue and then shot at and killed. Tara Halder was injured and he somehow managed to escape. Later. on, members of the Pakistani military forces with the help of Razakars Asad, Muslem and Afjal raped Shebani, the daughter of Megha Thakur son's wife and two other Muslim women. After departure of the Pakistani Army, the Razakars looted the belongings of Megha Thakur and destroyed the house of Wahud Pramanik by setting it on fire.

Thus, through your above acts and commissions, you conspired to commit crimes under section 3(2)(g) of the Act, and were complicit in murders, rapes, looting and destruction of properties committed in the village Karamja that constitute crimes against humanity as murder, rape and persecution specified in section 3(2)(a) and 3(2)(h) of the Act and therefore you are charged under section 3(2)(h), section 3(s)(g) and section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20 (2) of the Act.

Charge Number 5: 

That at about 11.00 a.m. on 16.4.1971 with your help, your associates and pakistan military forces attacked villages Arpara and Vutergari under Ishwardi Police Station and killed 21, unarmed civilians including 1) Hafez omar Ali, 2) Abdur Rab, 3) palan Sheikh, 4) Ahad sheikh, 5) Hafez omar Sheikh, 6) Abdur Rab shiekh ,7) Jabbar Shiekh, 8) Jindar Sheikh, 9) Seraj Sheikh, 10) Sabir Sheikh, 11) Fatik sheikh, 12) Nijamuddin Mollik of village arpara 13) Rustom Ali Mrida, 14) Jafor Mal, 15) Abdul Gafur Mat, 16) Waj pramanik, 17) Asim uddin pramanik, 18) Kasim uddin pramanik of village vutergari and 19) Ayej Fakir, 20) Reju Sarder of viliage patsra khali and Kulsum Baoa of village Naricha. Many others too were killed, houses looted and then destroyed by fire.

Through your above acts and commissions, you were clearly complicit in murder and persecution of above victims as crimes against humanity specified in section 3(2)(a) and 3(2)(h) of the Act, and therefore you are charged under section 3(2)(h), section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the 'Act.

Charge Number 6: 

That at about 3.30 a.m. on 27.11.1971, you along with Razakars and members of Pakistani military forces raided the house of Dr. Abdul Awal and other adjacent houses in the villages Dhulaura, on the pretext to find out freedom-fighters. At about 6.30 a.m. you along with your accomplice Razakars and members of Pakistani military got hold of number of men, women and children, and brought them to the field of Dhulaura School. Then they were shot at indiscriminately resulting in murder of about 30 persons. After departure of members of Pakistani military, you along with your accomplices Razakars caught 22 other persons who survived from the hands of Pakistani military and took them to the bank of river Isamoti. All of them were bayoneted and killed. All the victims of this operation were unarmed civilians.

Through your above acts and commissions, you were clearly involved in and responsible for murder of above victims as crimes against humanity specified in Section 3(2)(a) of the Act and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 7: 

That after midnight on 31.2.1971, on receiving information from you and the Razakars, the Pakistan Army surrounded the village Brishalikha and arrested Sohrab AIi from his house at about 5.30 in the morning. He was brought on to the road and tortured inhumanly, and asked questioned about whereabouts of his son Mohammad Abdul Laif Selim. Failing to extract information, he was shot-at and killed in presence of his wife and children.

Through your above acts and commissions, you were clearly complicit in torture and murder of the above victim as crimes against humanity specified in Section 3(2)(a) and 3(2)(h) of the Act and therefore you are charged under section 3(2)(h), section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act. Charge

Charge Number 8: 

That on August 30, 1971, you as president of Isrami chattra Sangha and Head of the Al Badr Bahinid, accompanied by Ali Ahasan Mujahid, secretary of the East Pakistan Islami chattra sangha, visited the Army Camp at the old MP Hostel in Dhaka, where you verbally abused detained Jalal, Bodi, Rumi, Jewer and, Azad. You told the Pakistani captain there to kill all of them before the president declares the general amnesty. Subsequently, except one, all of them were killed following your suggestion.

Thus through your above acts and commissions, you have committed the crime of murder of the above victim as crimes against humanity specified in Section 3(2)(a) of the Act, and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 9: 

That on 31.12.1971, based on information supplied by you and the Razakars, the members of Pakistani military, past midnight surrounded the village Brisharikha. After committing other crimes in the village, and in order to destroy in whole or in part the members Hindu rerigious group, with your help, members of pakistani military and the Razakars killed (1) Profulla, 2) Vadu, 3) Manu 4) Sosthi pramanik (5) Gyanendranath Hawlader, (6) Paltu and in total about 70 Hindus. AIso 72 houses of the village were set alight and destroyed.

Through your above acts and commissions, you have committed the crime of genocide as you intended to eliminate the above victims and others, in whole or in part, members of Hindu religious group as crime of genocide specified in section 3(2)(c)(i) of the Act and crime of persecution as crimes against humanity under section 3(2)(a) of the Act and therefore you are charged under section 3(2)(c)(i) and section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 10: 

That at the start of the liberation war, Onil Chandra Kundu along with his parents, brothers and sisters left the country and went to India as refugee for safety. However, in august 1971, he came back to his village Sonatala under police station Sathia. You obtained information that he allegedly was taking part in liberation war; on your direction, the local razakars destroyed their house and many other houses by setting on fire.

Through your above acts and commissions, you have thus committed the crime of persecution as crimes against humanity specified in section 3(2)(a) of the Act, and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 11: 

That on August 03,1.977, during a meeting of the Chittagong City unit of the Islami Chatra Sangha held at the Muslim Institute of Chittagong, you as the President of the Pakistan Islami Chataa Saflgha and the person holding all powers over fronts and subsidiaries opened by the Istami Chattra Sangha, stated that Pakistan was the house of Allah. You stated that Allah had protected Pakistan repeatedly and would do so in the future as well. Furthermore, you went on to say that there was no power on earth that could destroy Pakistan. You stated that Allah had taken custody of Pakistan through the Pakistan Army. Through this speech invoking almighty Allah you intended to exploit religious sentiment of the people and incited the innocent and pious Muslims to commit crimes by acting against the Bangalees who were struggling to oust Pakistani occupation and auxiliary forces from Bangladesh. Pursuant to your such incitements, Islami Chattra Shangha, Al-Badar, Razakars and others carried out numerous widespread and systematic attacks throughout the country resulting in murder, torture, raping of civilians. Moreover, during the above-mentioned meeting, Abu Naser, the President of the Chittagong university unit of Islami chattra Sangha stated that there would never be any unity with Hindus as created a separate country Pakistan at the cost of the sacrificce of twenty lakh lives, You presence and silence during such an inciting hateful speech confirms your intention to incite.

Through your above acts and commissions, you have thus committed the crime of incitement specified in section 3(2)(f) of the Act, and therefore you are charged under section 3(2)(f)read with section 4(1) and section 4(3) of the Act which is punishable under section 20e) of the Act.

Charge Number 12: 

That on August 22, 1,977, you during a speech given at a meeting organized in remembrance of Al Madani held at the Islamic Academy Hall, you stated that taking revenge for the Al Madani’s blood would only prove their respect for AI Madani. You further stated that the taking of such revenge would only be possible by uprooting the enemies of Islam. You cautioned the audience by stating that the history of Islam was not only about people losing their lives, but were also about the destroying of Islam's enemies and the becoming of martyrs and upholding the principles of Atlah. You clearly stated that those persons who wanted a separate pakistan were also those very persons who wanted to uproot Islam from Pakistan. You mentioned that the enemies . of Islam had taken up arms and urged everyone to follow the path left by Madani and dive into Jihad. This speech given by you sorely intended to gravely incite minds of innocent people, members of your political Party to go after an eliminate those who are struggling to free Bangladesh from Pakistani occupation, terming them as enemies of Pakistan and thus commit crimes under section 3 (2) (f)of the Act.

Thus through your above acts and commissions, you have committed the crime of incitement specified in Section 3(2)(f) of the Act, and therefore you are charged under section 3(2)(f) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 13: 

That on September 08, 1971, during your speech given the Arts Building premises at a gathering of students organized by the Dhaka City unit of Islami Chattra Sangha on the occasion of the Defence Day, you stated that all members of the Islami Chattra Sangha were fully - committed to protecting every single inch of their country. You further stated that such members were even prepared to strike on the main land of India for the sake of protecting Pakistan and urged the authorities to grant permission to the members of the Islami Chattta Sangha in this regard. You stated that the main enemy of Pakistan was India and undertook oaths of all those present that they would eliminate the persons who were collaborating with India. This was a highly inciting speech made you intended to affect innocent people to incite them and members of your political party to take revenge and eliminate those struggling to flee Bangladesh from occupation of Pakistani military forces who you consider collaborate with India and as such, target of attacks and commission of, crimes under the Act.

Thus through your above acts and commissions, you have committed the crime of incitement specified in Section 3(2)(f) of the Act, and therefore you are charged under section 3(2)(f) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge 14:  

That on September 10 of 1971, you gave a speech addressing Razakars at the Jessore district Razakar headquarters during which you urged the Razakars to be fully aware of their holy duties at this tirne of national crisis by emphasizing upon verses 1.1,1. and. 112 of surah Toubah of the Holy Quran. These two verses meant that AIIah had surely purchased the life and soul from pious people in exchange for which there was heaven and that it was the duty of those pious persons to fight along the path set by Allah during which they would get killed and sometimes be kined. By quoting the holy Quran and invoking religious sensitivities, you incited the members of the Razakars to take revenge and eliminate those fighting to free Bangladesh from pakistani occupation, and thereby to commit crimes under the Act.

Thus through your above acts and commissions, you have committed the crime of incitement specified in section on 3(2)(f) of the Act and therefore you are charged under section 3(2)(f) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 15: 

That during the period of liberation war, you frequently visited the Razakar camp situated at Sathia Pilot High School and conspired with the Razakar commander Samad Miah at his office to commit crimes. As a result such conspiracies, those Razakars have committed different crimes under the Act in the locality and you had complicty in those offences. Thus through your above acts and commissions, you have .committed the crime of conspiracy to commit crimes specified in section 3(2)(g) of the Act and were complicit in crimes committed under section 3(2(h) and therefore, you are charged under section 3 (2) (g), and section 3(2((h) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 16:  

That throughout the period when crimes under section 3 (2) of the Act were committed in Bangladesh, you as President of Islami chattra sangha and Head of infamous Al-Badar, an auxlliary force, that committed said crimes all-over Bangladesh under the Act over the period, but when defeat of Pakistani occupation and auxiliary forces were imminent, your organisation Islami Chattra Sangha and Al-Badar mounted Gestapo like attacks to devoid Bangladesh professionals and intellectuals, amongst others, and launched mortal blow to free and independent Bangladesh, by selective elimination of respected professionals and intellectuals, found their homes, dragged out, often blind-folded, tortured, murdered and their bodies then dumped in mass graves and other places. Such attacks were largely carried out on or around 14 December 1971, hours before victory of Bangladesh from occupation of Pakistani and auxiliary forces. These well orchestrated and finely executed plans to eliminate a group of individuals who were all members of a national, ethnic and racial group.

Through your above acts and commissions, you have committed the crime of genocide as you intended to eliminate the above victims and others, in whole or in part, as members of national, ethnic and racial soup as crime of genocide specified in section 3(2)(c)(i) of the Act and therefore you are charged under section 3(2)(c)(i), read with section 4(1) and section 4(2) of the Act which is punishable under section 20 (2) of the Act

Thus, you have committed the offences, under different provisions of section 3(2) and section 4 of the Act which are punishable under section 20(2) of the Act and within the cognizance of this Tribunal. And we hereby direct you to be tried by this tribunal on the said charges.

You have heard and understood the aforesaid charges.

Are you guilty or not-guilty? Ans. Not guilty.

Nizami then made the following statement (summary)

Your honor; I would like to state it in clear terms that I’ve no other involvements than in politics in the 1971 war. If the power was transferred as per the election of 1970 to the elected people, in that case certainly this tragic incident would not been happened. Jamaat-e-Islami has never created any obstacles in transferring the power; this has only been done by Mr. Julfiquar Ali Bhutto. We are in no way involved with the incidents of genocides and other activities which are titled as crimes against humanity. I was the only son of my parents, but I didn’t visit my village to visit them in the period of war. All the incidents stated there in the charges are totally fake in the history of time.
195 has been freed not because of political reason but because of satisfying the leadership of Mr. Bhutto. In 1974 Mr. Bhutto has visited Bangladesh and received a splendid reception.  

Chairman, you have been on Haj. This is not the place of final judgment, we all have to face the final judgment day of the Almighty Allah. Hearsay would not be counted as evidence in a case.

Justice Nizamul Huq: You have to finish. Your consul will defend your case. And you will get the chance to talk afterwards. Now it is only the stage to say whether you are guilty or not.

Motiur Rahman Nizami [Accused]: I pray to the Almighty for all of your welfare. [He recited some verses from the Holy Quran.]

The chairman then continued reading out his order

The charges are read over and explained to the accused on dock who pleaded not guilty and claimed to be tried. 

To 01.7.2012 for opening statement of prosecution and examination of prosecution witnesses. The trial shall be continuing on every working days until further order. The defence counsel is also directed to submit a list of witnesses, if any along with four sets of documents thereof, which the defence intends to rely upon by the date fixed.