Refuting the prosecution’s charge framing plea, the defence counsel on Tuesday termed it ‘vague’ and ‘improper’ and prayed for discharging accused Al Badr commander ATM Azharul Islam of Jamaat-e-Islami from the war crimes case.
Barrister Shishir Munir and Barrister Imran Siddiq jointly submitted arguments before the International Crimes Tribunal-1 in support of their discharge petition which remained inconclusive.
With the accused in the dock, the defence counsel claimed that mere hobnobbing and contact with the Pakistan occupation forces during the 1971 Liberation War was not sufficient cause to accuse Azhar, the 1971 Islami Chhatra Sangha (ICS) president of Rangpur unit, of liability for crimes being a commander or superior officer under subsections 4 (1) and 4 (2) of the International Crimes (Tribunals) Act 1973.
Superior responsibility requires first and foremost that the perpetrator of the underlying crime was a subordinate of the accused, argued the defence counsel, adding that there can be no such relationship unless the accused exercised effective control over the perpetrator.
The defence counsel said the commander must specifically have the material abilities to prevent subordinate officers or to punish subordinate offenders. Mere influence over the behaviour of others is not effective control and therefore does not satisfy the superior–subordinate element of subsection 4(2) of the ICT Act, they added.
The prosecution failed to name the individuals who were allegedly commanded, assisted by or provided assistance to the accused, argued the defence counsel. The defence counsel termed ‘vague’ the general allegation in the formal charge that Azhar had commanded or assisted the Pakistan occupation forces and its other auxiliary forces, including Al Badr, the vigilante group of Jamaat-e-Islami.
The defence counsel claimed that the materials in the formal charge are insufficient to warrant framing of charge against Azhar. The accused has been falsely implicated in the case and the prosecutor brought war crimes accused Azhar to justice over a special political state of affairs, alleged the defence counsel.
On July 25 this year, the tribunal took cognisance of the charge against detained Jamaat-e-Islami assistant secretary general ATM Azharul Islam in the case of crimes against humanity during the 1971 Liberation War as it found a strong prima facie case against the accused under subsections 3(2) and 4(1)(2) of the International Crimes (Tribunals) Act 1973.
On July 18, the prosecution submitted formal charge before the tribunal accusing ATM Azharul Islam of committing crimes against humanity during the 1971 Liberation War. The prosecution brought six charges against the Jamaat leader, including murder, genocide, abduction, arson, torture and rape.
According to the prosecution case, Azharul, the then Islami Chhatra Sangha (ICS) president of Rangpur district unit, had been involved in the killing of more than 1,200 innocent people in Rangpur during the Liberation War in collaboration with the Pakistan occupation army and its auxiliary forces.
It mentioned that Azharul had played a key role in the killing of intellectuals, cultural personalities, physicians and lawyers in different areas of Rangpur during the war. – UNB
