The war crimes cases of 10 persons, including Jamaat-e-Islami Amir Matiur Rahman Nizami, are underway at the Appellate Division of the Supreme Court. And 18 others are accused in four cases under trial at the International Crimes Tribunal (ICT). A total of 28 are under trial in 14 cases. Other than that, 10 cases are in pre-trial stage at the tribunal.
The investigation cell of the tribunal is investigating 23 accusations against 64 accused. Investigation is pending in 609 charges of crimes against humanity in different districts of the country. Sources in the investigation cell said, the charges are brought against almost 3,500 people. The latest statistics were available from the data of the investigation department made on 30 October.
The accused in the 10 cases underway at the Appellate Division are Jamaat Amir Matiur Rahman Niazami, Naib-e-Amir Muhammad Abdus Sobhan, assistant secretary general ATM Azharul Islam, central executive committee member Mir Kashem Ali, Jatiya Party leader Syed M Kawsar, expelled Awami League leader Mobarak Hossain, Abdul Jabbar of Pirojpur, Mahidur Rahman of Chapainawabganj, Forkan Mallik of Patuakhali and Siraj Master of Bagerhat.
The tribunal gave verdict in 21 cases after being established almost six years ago in 2010. Most of the accused in the cases were involved in the politics of BNP and Jamaat. However, most of the accused in the latest cases which are underway are from local level. The Supreme Court already disposed five among the 21 cases, in which the tribunal announced verdict. Four of them were hanged. They are BNP leader Salauddin Quader Chowdhury and Jamaat-e- Islami leaders Ali Ahsan Muhammad Mojaheed, Kamaruzzaman, and Abdul Kader Mollah. Jamaat-e-Islami Naib-e-Amir Delwar Hossain Sayeedi is sentenced to life imprisonment.
The cases of former Jamaat amir Ghulam Azam and BNP leader Abdul Alim were in the Appellate Division after being given verdict from the tribunal. Both of them died while in prison and the appeals became ineffective. Five accused of four cases are fugitive. They are, Abul Kalam Azad, Chowdhury Moinuddin, Ashrafuzzaman Khan, M A Zahid Hossain, and Hasan Ali. All of them received death sentences. They will be executed immediately once they surrender or get arrested as time for appeal is over.
Cases growing, only one tribunal: There were three cases under trial in two ICTs this year. The two tribunals merged on last September. The investigation agency also submitted reports after concluding a number of investigations. There are four cases under trial now in the only tribunal.
Sources in the tribunal’s chief prosecutor’s office said number of cases will be included in tribunal within a short time. Indictment in a case might take place this month. Formal charges will be placed in five cases shortly. Preparation is on to file charges in four cases.
Arrest warrant has been issued against a number of accused in several cases. However, the figure is still unknown.
State prosecutor Turin Afroze told Prothom Alo, “There are a number of cases in the pipeline. The cases will be under the jurisdiction of the tribunal in next two or three months. Cases will pile up."
The investigation: The accusation of the war crimes comes to the investigating cell from two sides. One, the victim or his/her family members can file complaint with the investigating cell to seek justice. And the second, several cases of murder, mass killing, rape, loot, and anarchy was filed after the war crimes trial started in 2010. The documents of such cases are taken to the investigating cell. Other than that, according to the International Crimes (Tribunals) Act, 1973, the investigating cell in its own initiative can investigate the accusations against anyone.
Asked about how the investigation of the local level people takes place, the senior member of the investigating cell M Sanaul Haque said, preliminary investigation of any complaint takes place at first. Then an investigation officer is appointed against the accused if prima facie (initial charge) is available against him. The investigating agency is assisted by the police and the national intelligence agencies during the investigation.
A secret investigation takes place about the issues like social and political identity of the accused, his past and present, capability of influencing. Full investigation is launched once satisfied.
Acting president of Ekattorer Ghatak Dalal Nirmul Committee Shahriar Kabir told Prothom Alo, “Trial of every war crimes accused is important whether he or she belong to national or local level. We earlier said only one tribunal will be under pressure for the huge number of accusation filed with the investigating agency. The most important thing is trial of war crimes organisation Jamaat-e-Islami is yet to be started. ”