Translations of print articles and news clips relating to Sayedee's 15 witness review application
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"Though the witnesses were brought to the Safe House of the Government, on 20th March 2012 the Prosecution filed an application before the Tribunal on their 46 witnesses against the leader of Jamaat-e-Islami ex-member of parliament Allama Delwar Hossain Sayedee claiming that it is difficult, time consuming, expensive and not at all possible to produce these witnesses. But the picture of the Safe House that has been built for custody of the witnesses was different. Many of these witnesses stayed in the Safe House with their relatives for many days at the cost of the Government. Regarding the witnesses about whom it was told that it was difficult, time consuming, expensive and not at all possible to produce; many of these witnesses spent many days on several terms in the Safe House. Even many of these witnesses were taken to the prosecutor’s room of the Tribunal from the Safe House. But they were not produced before the Tribunal and returned to the Safe House. Some of the witnesses were taken to the Tribunal from the Safe House for several times. But as they did not agree to give false evidence against Mawlana Sayedee they were not produced before the Tribunal.2. Daily Janata, 22 March: D.M Arafat Munna
This Safe House is situated in the Golapbag area of Dhaka. The police members in the duty of the Safe House regularly maintain diary. One Inspector, two sub-inspector and six constables of police are in the duty of security and taking care of the witnesses. The concerned source said that the witnesses are brought here and they are being given training as to how they should give evidence in court.
The prosecution filed an application for their 46 witnesses informing to the Tribunal that it was difficult, time consuming, expensive and not at all possible to bring these witnesses and prayed for receiving as evidence their statements recorded by the Investigation Officer in the Investigation Report. The application was heard on 27th March. On 29th March the Tribunal passed an order to receive as evidence the statements of 15 of those witnesses alleged to have been recorded by the Investigation Officer. But many of these witnesses were regularly present in the government Safe House at that time. Detailed information has been obtained regarding the witnesses whose statements, alleged to have been recorded by the Investigation Officer, were received as evidence by the Tribunal after accepting the application of the Prosecution.
In the application of the Prosecution it was said that witnesses Ashish Kumar Mondol, Sumoti Rani Mondol and Somor Mondol had been missing from 2nd February. The Prosecutor of the government Advocate Rana Dash Gupto in the case against Mowlana Delwar Hossain Sayedee informed the Tribunal that these witness left the Safe House on 2nd February in the name of visiting their relatives. Later on the Prosecution in their application stated that these three witnesses went to India secretly. But the Register, General Diary and the Food Book of the Safe House which are maintained for the witnesses of the Tribunal shows that Ashish Kumar Mondol, Sumoti Rani Mondol and Somor Mistri were in the Safe House in the control of the Prosecution until 16th March. The Registrar of the Safe House shows that Ashish Kumar Mondol, Somor Mistri and Sumoti Rani Mondol stayed in the Safe House for 47 days in two terms. In the first term these witnesses were brought in the Safe House on 11th November 2011. On that day nine witness were brought there. They were kept in the Safe House until 22nd November. During this time they were given training as to how they should give evidence in Tribunal. Apart from Ashish Kumar Mondol and Somor Mistri the other witnesses who came at that time were Mohammad Mahbubul Alom, Md. Mahtab Uddin Hawlader, Md. Mostofa Hawlader, Manik Poshari, Md. Ruhul Amin Nobin, Md. Altaf Hawlader and Mohammad Abdul Lotif Hawlader. The mobile numbers of all these witnesses are mentioned in the Register.
The General Diary of the Safe House contain detail information about return of 6 witnesses including Somor Mistri and Ashish Kumar Mondol to Pirojpur on 22nd November. It says ‘As per the order of the higher authority they were sent to their houses in the district Pirojpur’. Later on again on 31st January 2012 Somor Mistri, Sumoti Rani Mondol and Ashish Kumar Mondol were brought to the Safe House. According to the Register of the Safe House they stayed their with their relatives until 16th March. Though they were kept in the Safe House for this term for more than one and half months they were not produced before the Tribunal since they were not ready to give the tutored false statement against Sayedee. With regard to Somor Mistri, Ashish Kumar Mondol and Sumoti Rani Mondol it is stated in the page of 16th March in the General Diary of the Safe House that ‘these witnesses started their journey for their own house’. But according to the application of Prosecution they escaped.
According to the Register of the Safe House they were accompanied by some of their relatives. Ashish Kumar Mondol’s brother in law Gopal Krishno Mondol who is a police constable was among them. This person came from Faridpur and lived with them in the Safe House for several terms. The source said that this person was brought their to convince Ashish Kumar and others so that they give false evidence against Sayedee. According to the Registrar and General Diary of the Safe House Gopal Krishno Kondol stayed in the Safe House for the first term from 9th November to 20th November. For second term from 1st February to 16th February, third term 20th February to 23rd February and fourth term on 25th February Gopal Krishno Mondol stayed in he Safe House. The witness Abdul Lotif Hawlader was taken to the Prosecution room in the Tribunal for consecutive four days. According to the Safe House Diary Abdul Lotif Hawlader was brought to the Safe House for the first time on 16th November of the last year. He was kept in the Safe House on 22nd November. Later on 31st December he was again brought to the Safe House. On that term he was kept their until 5th January. On that occasion he was taken to the Prosecution room in the Tribunal consecutively on 2nd, 3rd and 4th January. On every occasions he was not produced before the Tribunal and returned to the Safe House. On 5th January at 6.30 am he was sent back to his house. According to the General Diary of the Safe House on that day 6 witnesses were sent to their houses. The diary says ‘at 6.30 am (1) Md. Mahbub, (2) Md. Mahtab, (3) Md. Altaf, (4) Md. Kholil, (5) Md. Lotif and (6) Md. Entaj started their journey for their house. At present Mahtab’s guest is staying in the Safe House. They are four persons. This is recorded in the Diary for future’.
Witness Anil Chondro Mondol stayed in the Safe House from last 12 January to 16th January. The Investigation Agency brought him to the Safe House on 12 January. After four days’ stay he was not produced before the Tribunal as he did not agree to give tutored false evidence. He was sent back to his house on 16th January.
Witness Ajit Kumar was brought to the Safe House on 10 February. He was kept there until 13th February. After three days’ stay in the Safe House he was not produced before the Tribunal as he did not agree to give tutored false evidence.
Witness freedom fighter Shohidul Islam Khan Selim stayed in the Safe House from 10th January to 12th January. He was taken to the Prosecution room in Tribunal for consecutive two days on 11 and 12 January. But the Prosecution did not produce him before the Tribunal. On 12 January at 2.30 pm he was returned back to his daughter’s house.
The Tribunal allowed the Prosecution’s Application about the above witnesses and accepted their statements as evidence alleged to have been recorded by the Investigation Officer.
Some other witnesses in the prosecution application also stayed in the Safe House about whom the prosecution claimed that it was difficult, time consuming and expensive to produce them. Among them Md. Kholilur Rahman stayed in the Safe house for the first term from 4 December to 14 December of the last year and for second term from the last 1 January to 3 January. Witnesses Mokhles Uddin Poshari from last 31 December to 5 January, Ayub Ali Talukder from 7 January to 10 January, Mukundo Chokroborti from 12 January to 16 January, Dr. Syed Shorafat Ali from 23 January to 24 January, Abdur Razzaq from 23 January to 24 January, Alhaj Sodor Uddin from 6 February to 8 February, Manik Hawlader 1st March to 6 March stayed in the Safe House. Since these witnesses were not willing to give tutored false evidence against Mowlana Sayedee, they were not produced before the Tribunal. It is a question that if it is really difficult, time consuming, expensive and not at all possible to attend these witnesses as per the application of the Prosecution, how they could be brought to the Safe House.
Prosecutor Senior lawyer Syed Haider Ali appointed by the Government against Allama Sayedee was asked why the witnesses were not produced before the Tribunal though they were present in the Safe House? He replied, ‘I am not in charge of the Safe House. Those who are in charge of the Safe House can say about this’."
Lack of cordination hampers the trial of War Crime. Witnesses are considered as absence without serving summon upon them.
It has been heard from the Tribunal Source that “46 witness among the 68 witness are not able to be produced before the Tribunal” Among 46 witnesses 5 are missing and 14 are not found. Renowned persons Shariar Kabir, Jewel Iech, are on the list of absence witness. Executive Chairman of Ghatok Dalal Committee Shahriar kabir said to the Daily janata yesterday that he knows nothing regarding the Sayedee’s case. Jewel Iach also have said the same thing. At first he shows unwillingness to say some thing but later he said that he was not informed about this matter. He was asked whether summons was served to him or not? In response to the question he said that “no summon was served upon me”Diganta TV news report
It was heard from the Tribunal source that, Prosecution has submitted a list of 138 witness among them statement of 68 witnesses are recorded by I.O. Till today only 18 witnesses examination-in-chief and cross examination was completed. Even prosecution failed several times to produce these 18 witnesses properly. Tribunal passed Order for 2 times and adjourned for 5 times for this matter. On last Tuesday, Prosecution prayed before the Tribunal to consider statement of 46 witnesses as evidence by the Tribunal in their absence. Next 25th March was fixed for hearing. Among the 46 witnesses 5 were missing, 14 were not found. Among the 46 witnesses, renowned person Shahriar kabir, Professor Jaafar Iqbal, Jewel Iach and Major (retired) Ziauddin Ahamed sub-sector commander of Pirojpur was also included at this list of absence witness.
List of name of this 46 witnesses are submitted before the Tribunal among them reasons of 19 witnesses for not attending before the Tribunal is also mentioned.
Usha rani Malakaar was in the number1, she cannot be produced before the Tribunal because of his sickness, loosing her memories and risk of death on journey.
Number 2 Shukhorangan Bali was missing for 4th months.
Ashis kumar manadol, Sumoti Rani Mandol, Samor Mistri was missing from the first week of February. May be they hide themselves. Witnesses no. 6 to 19 total 14 witnesses are not found. They hide themselves because of threat given by the cadre of accused. Among them suresh Chandra saha, ganesh Chandra saha, Shahidul Islam khan Selim, Ayub ali, Sitara begum, Rani begum, Md,Mustafa, Abdul Latif Hawlader, Anil Chandra mal, Ajit kumar shil , khalilur rahman sekh, Ehsak ali khan. Witness no 1-19 are formal witness of this case and another 20-46 are not formal witness but their statement was recorded by the I.O as it is very important for the case.
From 18 witnesses some says that Faizur Rahman father of Porfessor zafar iqbal and Humayun ahned was killed at the direction of the Delwer Hossain Saydee. But Professor Zafar Iqbal was not produced as witness before the tribunal though his name was included at the list of witness. At last 18th March was fixed as last date of producing witness but they failed to produce witness and produce Investigation officer as witness of the case. Tribunal ordered the prosecution to submit written application first whether any other witness will be produced after the I.O or not? Then 20th march was fixed for submitting present status of other witnesses. It has been heard from the Tribunal source that, Prosecution Haider ali submitted before the Tribunal to consider the statement of their witness as evidence before the tribunal as per section 19(2) of the ICT Act.
But Saydee’s lawyer Mizanul Islam argued whether Professor Zafar Iqbal, Jewel Iach, Shahriar Kabur falls under the scope of section 19(2)? Why their statement will be taken as evidence in their absence?
In this regard Shahriar kabir said that I am not a witness of Saydee’s case, I am witness of the Ghulam Azam case. And I have written in my book what I know about Sayedee, this book is already given to prosecution. I have signed on this book also. They are telling lie, no summon was served upon me.
Registrar of the International Crimes Tribunal said that, 7th March was last day fixed for producing witness. But prosecution failed to produce witness on 18th march after 15 days adjournment, and then they produce Investigation officer before the tribunal, But the Court ordered to submit a written application first regarding these witnesses. They prayed before the tribunal to considered statement of the 46 witnesses as evidence. 25th march is fixed for Order in this regard.
There is an allegation that many unexpected incidents are being occurred by the Prosecution. Witnesses of the Delwar Hossain Saydee case are saying that they are ready to give their testimony before the Tribunal but they were not produced by the Prosecution.
Prosecution has submitted an application that among the 68 witnesses 46 are unable to come before the Tribunal because of sickness, old age complications, risk of death on journey, lost their memories. And 15 witnesses among 46 are taken as witness by the Tribunal as they are given testimony to the Investigation officer.
Prosecutor Haider Ali said “Cadre of Pirojpur threatened our witness for not giving witness. That is the reason many of them left country for their own safety and others are hiding themselves so that they can not be produced before the Tribunal by the prosecution and it is impossible, expensive and time consuming to produce them”
But witnesses are uttering different language:
Question to the witness Usha Rani Malakar: Accused of this case is Delwer Hossain Saydee and you have said that “he killed your Husband”
Usha Rani Malakar: No No, I did not tell any single word like this and how can I say this as I did not know him, even never see him.
Witness Shukranjan Bali“They wanted me as a witness but I have said that I did not give any false witness, Just I have to tell the truth what I know”
Witness Ganesh Chandra Saha: “My mother was not killed by Delar Hossain Saydee, It was the Pakistan military who killed my mother. Now, I have heard that a case has been filed against Delwer Hosssain Saydee where I have included as witness”
Witness Chan Mia Poshari: “I cannot give any false evidence; it is not possible for me to say that Mr.Saydee set my houses on fire”