After dealing with the witness abduction claim, the tribunal then moved onto starting the closing arguments of the prosecution.
Delwar Hossain Sayedee then started addressing the Judges. He said that he wanted to say something before the closing arguments started. He asked the Tribunal that, why he has been brought to the Tribunal. He also said that 'I am not seeing any of my advocates and I am not a law expert, what will be discussed here in arguments I will not understand.'
Then chief of the Tribunal said that, tell me how could we help you? You appointed your advocates, why they are not present how we can we say that, you may know better. Then Sayedee replied that how could I know, I was in jail custody, you were present here. He also added that if you don’t have any solution to this then send me again in jail and you with the prosecution do whatever you want to do.
Then Chief of the Tribunal Justice Mr. Nizamul Huq said that Sayedee shouldn’t speak like that. Then again Mr. Sayedee said that, the accused has the right to talk on his behalf. Then he reminded him about what Justice Nizamul Huq had said, ‘We are neither your enemy nor your friends’. But you must have humanity. Against me 20 charges had been brought which are completely false and forged. These are the greatest lies of the century. I have the right to talk on behalf of myself and if you not allow me to exercise this you will be an accused of almighty Allah.
Then Justice Nizamul Huq replied that, law has its own force and it will be followed in its own order. After arguments your counsel will talk on behalf of you. Then again he mentioned about his right to talk before starting arguments, but that, no you are not allowed to talk before arguments, it is not in our law.
Then Sayedee got a bit emotional and started saying that, ‘just 4 months ago I lost my dearest elder son and 9 months ago my mother. I am so very weak both mentally and physically. There are charges against me which are absolutely fake and bogus. So I want to talk before the court. But Judges repeatedly said what they have said prior.' Then again Saidee said, send me again in jail and you with the prosecution do whatever you wanted to do
Then Nizamul Huq ordered Haider Ali to start arguments, and he began to read out from a document. The relevant translation of the document is set out below.
Under the two nations theory on 14th August, 1947 the Indian subcontinent became liberated and two nations have been formed then. The nation Pakistan has been formed by two regions of different cultures. The West zone was named as West Pakistan and the East Zone which was away from 1200 mile from the West Zone was termed as West Pakistan.
After the formation the Pakistan nation the Government which was supported by the military and non military secretariats has started discriminatory attitude towards the people of East Pakistan in the matter of education, development, civil and military service and in the field of social development. They have decided to make Urdu as the State Language by overlooking the urge of the Bengali speaking people; from then the Bangali people started the Language Movement which afterwards turned into the Liberation War Movement. The father of the Nation Bangabandhu Sheikh Mujibur Rahman has given the leadership on those active movements. So many people of our country have been tortured, affected and being killed for the movement of language and liberation. So that 21st February has been declared as the International Mother Language Day and Bangladesh has observed victory after the peoples hard and blood-shattered struggles of 9 months.
In 1970 general election Awami League has won 167 votes out of 300 seats on the Pakistan National Council where 169 seats were being reserved for the East Pakistan under the leadership of Bangabandhu Sheikh Mujibur Rahman. But the non-democratic Government of the then Pakistan has started making delays in handing over the power to the Awami League which has fueled up the movement of liberation. On 7th March, 1971 Bangabandhu has instructed on his historical speech to start liberation in case of finding disrespect to the people’s urge of this area. On 25th March, 1971 the Pakistan Government has started destructing the Bengalis in the name of Operation Search Light and before being arrested Bangabandhu has given the announcement of liberation.
After being instructed by the father of the Nation Bangabandhu’s announcement of liberation the liberation craving Bangali people has started fighting against the torture, killing, genocide, looting, arson and all other malicious activities of Pakistan Military. The liberation war started, and the period was the mid night of 25th March, 1971 till the surrender of Pakistan Army and their collaborators on 16th December, 1971.
When the Bangali nation have started fighting by the call of Bangabandhu then some Bangali and Biharis under the umbrella of Jamate Islami along with some other religious political groups have started assisting the Pakistan Armies to eradicate Awami Leagus, Bangali, Hindu community and other innocent unarmed Bangali people. 30 lakhs people have been killed, almost 4 lakhs women have been raped and 1 crore people have took the asylum at Indian refugee camp. And the people who were staying in the country have started living an insecure live by moving from one place to another to save the lives. The innocent people were not only been killed but their houses and properties have been looted and burnt, the Hindu people have been converted forcefully because of to destroy the Hindu community in total, the innocent children have been killed and Bangladesh has become a valley of death.
The forces who were against the cause of liberation war have been united by the encouragement of Pakistan Army and formed several semi military and collaborators groups like- Razakar, Peace Committee, Al- Shams and started killing and destructions. Just because of their brutalities the number of the deceased people in the liberation war increased and before 4 decades there emerged a new country named Bangladesh in the Map of the earth. There is not a several incident like this brutality over the history of the earth about which the Bangalis had to sacrifice a lot.
On that time Bangladesh has turned into a land of graveyard, killing ground and mass grave; but today’s initiation of the Trial Proceedings is in no way based on the political intention or personal grievance. It is just because of establishing justice, the rule of law and human rights over the land of Bangladesh, because the fate of the whole country is based upon it.
Within the last 15 months of the trial we have submitted a large numbers of evidence which has been framed under the structure of law and which has touched a large numbers of incidents and it is not possible to show all of those in a screen. The biggest and the highlighted incidents have only been previewed which will remain as the symbol of shame and the moral degradation of the present and last century.
The nation has never observed such kinds of brutality, genocide, torture, killing, expatriation, conversion and the eradication of the people of a particular religion. All kinds of historical events have been faded away by the brutal incidents of 1971, so that people will remember the liberation war for generation after generation. If we won’t be able to remove the cause of these brutalities then the recurrence of these sorts’ incidents would not be removed forever.
Our Investigation Agency has gone to the general people who have faced the brutalities and tortures of 1971 and who are the victims also. The Investigation Agency has reached to a final decision after a neutral and accurate investigation about the present accused and his associates by scrutinizing the data and documents about the offence committed. The Investigation Agency has found the following things:
Whether the offences committed during the liberation war by the accused is approved by the laws and regulations?
Whether the accused and the associates have committed the crime under a general plan?
Whether the accused is involved in that group which is liable for the penal repression?
The accused with the associates have been involved in sexual offences and he was at Qatar.
The Crime record of the Investigation Agency shows that- the accused was not a stranger in the crimes committed in 1971, he has direct participation in those crimes, in some incidents he has a spontaneous participation also.
There is a similarity in the matter of self defence used by this accused like the accused of other cases that- all of they say that- the Pakistan Armies were the perpetrators of these crimes; but the people of this country say and know that- it has all been done by the assistance of the Razakar, Peace Committee, Al Badar and other organizations who have killed 30 lakh people, raped 4 lakh women and destroyed the properties.
If they are not the perpetrators and if the accused with the other associates would not have been convicted then it is to be said that- the liberation war has not taken place and no crimes have ever been committed on 1971.
The Steps Taken in the following Trial:
During the liberation war the Pakistan Army along with the Peace Committee, Razakar, Al Badar, Al Shams and other organizations have committed crimes under section- 3(2) of the International Crimes Tribunal Act- 1973. On 25-03-2010 this Tribunal has been formed for the purpose of the Trial of the International Crimes and the Prosecutors and the members of the Investigation Agency have been appointed under this Act.
The Investigation Agency has submitted their investigation report to the Chief Prosecutor on 30-5-2011 after the completion of their investigation. The Prosecution has submitted their formal charge on 11-07-2011 before the Tribunal. On 14-07-2011 the Tribunal has taken the cognizance of the formal charge. After the hearing of both the sides on 03-10-2011 the Tribunal has framed 20 charges against the accused and directed the witnesses to be produced before the Tribunal.
For the first time in the history of Bangladesh the Tribunal has instructed to take an interview of the accused in the presence of the defence counsel and a specialist Doctor when there arose a necessity of the interview of the accused during the Investigation Period. The accused has given his statement without any kinds of fear which has been recorded.
The accused has been given the first class divisional status in the Prison by adjudging his social status. And the standard vehicle has been provided for taking and sending him from Prison to the Tribunal. He has been released on Parole after the death of his mother and son; where he has leaded the Janaja Prayer of his mother as the Imam. He has given his statement to the Journalists and the present people after the Janaja prayer of his son.
The Tribunal has granted the process and formalities about the Income Tax Return of the accused after his prayer.
He has been admitted to the specialized Hospital for his treatment and then he has got the treatment at the Hospital as per his health required. He has got the chance of privileged communication with his counsel as per the law. He has been served a improved diet after his prayer and special diets have been served from outside also.
During his treatment he has been permitted to take the assistance of an attendance to take special cares for 24 hours. So, he has been privileged by all sorts of amenities and facilities as a first class division holder in the Prison. Special arrangements have been provided in special circumstances also.
During the Trial he has appointed the counsel as per his choice. He has got the chance to converse with his counsel at the Tribunal and the Prison room of the Tribunal Building also. He has observed the Trial by sitting on a healthy seat. His counsels has cross examined the Prosecution witnesses as per their requirements and the counsels have made a precedent by cross examining the Investigation Officer for 48 days.
Almost 100 petitions have been presented for several reasons and got the decision of the Tribunal. And he has also got the decision in the matter of the review application for the petitions of the important natures. The Tribunal granted the examination of 17 defence witnesses.
The Prosecution has examined 28 witnesses along with the Investigation Officer and produced 259 exhibits, 15 material exhibits and 2 big sketch maps before the Tribunal. The Defence counsels have examined the prosecution witnesses. On the other hand the Defence has presented 17 witnesses and produced 60 exhibits and material exhibits and after that the Prosecution has examined the Defence Witnesses.
The summary of the oral and documentary evidence which the Prosecution is ought to present before the Tribunal to prove the charges against the accused are as follows:
Charge No-1:
That on 4th May, 1971 you as a member of a group of individual as well as a member of peace (santi) committee gave secret information to the Pakistan Army in the morning about the gathering of some people behind the Madhya Masimpur Busstand and after teir arrical you took them to the back Madhya Masimpur Busstand under Pirojpur Sadar Police Station and in a planned way you killed 20 unnamed Civilian people by firing which is murder as crimes against human
Ext- 254 Ashish Kumar Mondol (Page- 2623)
Ext- 255 Sumoti Rani Mondol (Page- 2624)
Ext- 256 Samar Mistry (Page- 2625)
Ext- 257 Suresh Chandra Mondol (Page- 2628)
Ext-Mat- (xii) (Video and Still Image)
Charge-2 : That on 04.05.1971 in broad daylight, you along with your accomplices accompanied with Pakistani Army went to Masimpur Hindu Para under Pirozpur Sadar Police Station and by riding those houses of Hindu people looted their goods and destroyed their houses by setting fire. On being frightened while the unnamed civilian people started to flee away then you and your team members opened fire on them indiscriminately pursuant to pre arranged plan and thereby killed 13 civilians, namely Sarat Chandra Mondol, Bijoy Misti, Jogeshwar Mondol, Suresh Mondol and 5 others unidentified civilian people with intent to destroy in whole or in part members of Hindu religious group which amounts to genocide. The act of looting goods and destroying houses by fire are considered as persecution as crimes against humanity. Thus, you have committed the said crimes of genocide and persecution punishable under section- 3(2)(c)(1) and 3(2)(a) of the Act.
Ext- 254 Ashish Kumar Mondol (Page-2623)
Ext- 255 Sumoti Rani Mondol (Page 2624)
Ext- 256 Samar Mistry (Page- 2625)
Ext- 257 Suresh Chandra Mondol (Page- 2628)
Ext. Mat- (xii) (Video and still image)
Charge No- 3:
That on the same date on 04-05-1971 you led a team of Pakistani Army to Masimpur Hindu Para and looted goods from the houses of Monindra Nath Mistri and Suresh Chandra Mondol and completely destroyed their houses by setting fire. You also directly took part in causing large scale destruction by setting fire on the road side houses of villages namely Kalibari, Masimpur, Palpara, Sikarpur, Razarhat, Kukarhat, Dumoritola, Kadamtola, Nawabpur, Alamkuthi, Dhukigathi, Parerhat and Chinrakhali and these acts are considered as persecution against civilian population on religious grounds.
Thus, you have committed the said crimes of persecution punishable under section- 3(2)(a) of the Act.
Ext- 254 Ashish Kumar Mondol (Page- 2623)
Ext- 255 Sumoti Rani Mondol (Page- 2624)
Ext-256 Somor Mistry (Page- 2625)
Ext- Suresh Chandra Mandal (Page- 2628)
Charge-4:
That on the 4th May, 1971 you with your accompanied Pakistani Army in a planned way surrounded the Hindu Para located in front of Dhopa Bari and behind the LGED Building under Pirojpur Sadar Police Station with intent to destroy the members of Hindu Community, opened fire indiscriminately on the unnamed Hindu civilians and thereby killed Debendra Nath Mondol, Jogendranath Mondol, Pulin Behari and Mukunda Bala by gun-shot with intent to destroy a religious group and such acts amount to genocide. Thus, you have committed the said crimes of genocide punishable under section- 3(2)(c)(1) and of the Act.
Ext- 257 Suresh Chandra Mondol (Page- 2628)
Ext-Mat- (xii) (Vide & still image)
He explained the background to why these witnesses were not present at the tribunal, and how their statements were introduced through section 19(2) of the Act.
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