1971 crimes against humanity: Convict Mobarak acquitted
Mobarak Hossain from Akhaura in Brahmanbaria has been acquitted in a case of crimes against humanity committed during the 1971 Liberation War.
He had filed an appeal against his conviction 11 years ago.
On Wednesday, the Appellate Division, led by Chief Justice Syed Refaat Ahmed, granted his appeal and overturned the verdict handed down by the International Crimes Tribunal.
According to Mobarak’s lawyers, this is the first time anyone convicted in a war crimes case related to the 1971 Liberation War has been acquitted through the appeals process.
Mobarak filed the appeal on 18 December, 2014, challenging the sentence awarded by the International Crimes Tribunal.
The Appellate Division began hearings on the case on 8 July this year and, after concluding arguments on 22 July, fixed 30 July for the verdict.
Accordingly, the court delivered its judgment at around 10:45 am on Wednesday.
During the announcement of the verdict, senior lawyers SM Shahjahan and Imran A Siddiq were present on behalf of Mobarak, while Prosecutor Gazi MH Tamim represented the International Crimes Tribunal.
The ICT-1 had sentenced Mobarak to death on 24 November, 2014, for crimes against humanity committed during the Liberation War.
Of the five charges brought against him, two were proven—he was sentenced to death on the first charge and life imprisonment on the third. He was acquitted of the remaining three charges (numbers 2, 4, and 5) due to lack of sufficient evidence.
According to the tribunal’s verdict, Mobarak was involved with Jamaat-e-Islami politics during the war. After independence, he became a Rukon (mid-level member) at the union level within Jamaat. Later, he joined the Bangladesh Awami League.
Following the Appellate Division’s verdict, senior lawyer SM Shahjahan told Prothom Alo, “Mobarak had been sentenced to death under charge no. 1 and to life imprisonment under charge no. 3 by the tribunal. He has now been acquitted of both charges.”
“The tribunal’s verdict has been annulled. If there are no other pending cases against him, there should be no legal obstacle to his release from prison,” he added.