Feb. 25
PAKISTAN:
Pakistan court gives 21 times death penalty to 4 al-Qaeda militants
4 al-Qaeda militants were on Wednesday handed down '21 times' death sentence by
an anti-terrorism court in Pakistan for the 2012 killing of 10 under training
jail wardens here.
The anti-terrorism court (ATC) in Lahore today announced the verdict after the
prosecution counsel produced evidence against the al-Qaeda terrorists --
Afzaal, Abdul Hafeez, Zulfiqar and Karamat, a Punjab Province government
statement said.
The finger prints of the militants and those found on guns matched and they
were identified by the witnesses.
There were several charges on them and the court also handed down life
imprisonment and a fine of Rs 10.8 million apart from the death sentence. The
convicts were accused of attacking jail wardens hostel in Lahore's
thickly-populated locality Rasool Park near Ichhra on July 12, 2012.
Over 2-dozen under training jail wardens had come from Khyber Pakhtunkhwa
province to take part in the course here.
10 of them were killed and as many suffered injuries in pre-dawn deadly attack
by the militants carrying Kalashnikov rifles and hand grenades.
The terrorists were arrested in 2013 from Lahore when they were planning
another attack. They were booked under different sections of the penal code and
the Anti-Terrorism Act.
(source: Daily News & Analysis)
********************
Pakistan refuses to name drugs charge Britons on death row - Foreign Office
Pakistan has refused to give the names of 2 British citizens sentenced to death
for drug offences. British diplomatic efforts to identify them have so far been
in vain. The issue has put the UK's foreign aid to Pakistan under scrutiny.
The violation of diplomatic protocol means Pakistan could be in danger of
breaching the Vienna Convention on Consular Relations, which stipulates that
officials are obliged to tell British authorities if a British citizen has been
arrested.
The revelations were made by Foreign Office minister Tobias Ellwood, who told
anti-death penalty group Reprieve that authorities were unable to identify the
detainees.
There are currently 21 British nationals facing the death penalty in Pakistan
who are appealing their sentences. They are all receiving consular assistance.
But sources from the Foreign and Commonwealth Office (FCO) confirmed there were
2 further Britons sentenced to death whose identities remain unknown.
Pakistan reversed its decision to ban executions following the attack on a
school in which 130 people, mostly children, were killed. Executions resumed in
large numbers, with roughly 8,300 people now on death row.
Ellwood said gaining information about the unidentified British citizens was a
"challenge," claiming Pakistan were refusing to comply with international
regulations.
"As you may be aware, as a co-signatory of the Vienna Convention on Consular
Relations, the Pakistani authorities are under a duty to inform, without delay,
the British Consulate of the arrest or detention of a British national if
he/she request."
"However, in practice this rarely happens in Pakistan, and this is an issue
that we have raised and will continue to highlight in contacts with the
Pakistan authorities."
The British government would expect to be informed when a citizen faces the
death penalty, Ellwood said.
An FCO spokesman said: "We are currently assisting 21 British nationals who
potentially face the death penalty in Pakistan, none of whom have exhausted
their appeals process. In addition, we are aware of 2 British nationals in
detention who have been given a death sentence."
The British government currently gives Pakistan hundreds of millions of pounds
in aid. The incident raises questions over whether aid money has given the UK
any influence.
Last year, Pakistan was the biggest recipient of Britain's international aid,
receiving 338 million pounds to help police counter the drugs trade.
The country is awarded aid based on the success of its counter-narcotics
program. But with a conviction rate of 92 % and a self-confirmed "thirst" for
arrests, critics believe British aid is not being used effectively and claim
the system is corrupt.
Maya Foa, director of the death penalty team at Reprieve, said British aid for
counter-narcotics programs is "hypocritical and untenable" while the death
penalty is in force.
"The British government should change its position immediately and ensure that
its counter-narcotics aid is strictly conditional on an end to the death
penalty for drug offences," she said.
(source: rt.com)
***********************
Pakistan lifting ban on death penalty a 'draconian and repressive' tactic:
Amnesty report
Governments are failing to protect millions of civilians from violence by
states and armed groups, Amnesty International said on Wednesday, describing
the global response to widespread conflict from Nigeria to Syria as "shameful
and ineffective" while highlighting how governments, including that of Pakistan
in 2014 had reacted to security threats with "draconian and repressive"
tactics.
Kenya passed anti-terrorism measures last year that opposition groups and
activists said would threaten liberties and free speech, while Pakistan lifted
a 2008 ban on the death penalty.
"Government leaders justify human rights violations by talking of the need to
keep the world 'safe'", Amnesty secretary general Salil Shetty said in a
statement.
"But knee-jerk reactions do not work. Instead they create an environment of
repression in which extremism can thrive."
A year of catastrophic violence had led to one of the worst refugee crises in
history, as the number of displaced people worldwide topped 50 million for the
1st time since the end of the World War II, the rights group said in its annual
report
Almost 4 million refugees have fled a four-year civil war in Syria, and about
95 percent are being hosted by Lebanon, Turkey, Jordan, Iraq and Egypt,
according to the U.N. refugee agency, which has repeatedly urged rich nations
to take more refugees.
"As people suffered an escalation in barbarous attacks and repression, the
international community has been found wanting," Amnesty secretary general
Salil Shetty said in a statement.
"It is abhorrent to see how wealthy countries' efforts to keep people out take
precedence over their efforts to keep people alive."
The growing influence of non-state armed groups such as Boko Haram and Islamic
State was a major concern, Amnesty said.
Islamist militants Boko Haram have killed thousands of people in northeastern
Nigeria in a 5-year insurgency, while Islamic State has taken vast parts of
Iraq and Syria and declared a caliphate in territory under its control.
Armed groups committed abuses in more than 35 countries in 2014, including the
Central African Republic and India, the rights group said.
Amnesty said there would be more victims of abuse and persecution as the
influence of such groups spilled across national borders.
GENOCIDE AND MASS ATROCITIES
The rights group urged the five permanent members of the U.N. Security Council
- Britain, China, France, Russia and the United States - to renounce their veto
rights in situations of genocide and mass atrocities.
Since 2011, Russia and China have cast four vetoes to block international
action in Syria, where more than 210,000 have been killed since the conflict
began, according to the Syrian Observatory for Human Rights.
The Security Council has failed to deal with conflicts in Syria, Iraq, Gaza,
Israel and Ukraine, even when civilians had been subjected to "horrific
crimes", Amnesty said.
Amnesty also urged all governments to ratify and adhere to a global arms trade
treaty, which came into force in December and aims to regulate the $85 billion
industry and keep weapons out of the hands of human rights abusers and
criminals.
A huge number of arms were delivered to Iraq, Israel, Russia, South Sudan and
Syria in 2014, despite the likelihood of these weapons being used against
civilians, it said.
(source: Pakistan Today)
***************
ATC awards 2 criminals death sentences in Karachi
An Anti-Terrorism Court (ATC) awarded death sentences to 2 criminals for the
murder of Arsalan Haider here on Wednesday.
Mohsin Baloch and Abid were convicted of murdering Arsalan Haider the son of
Mali Bar President Sallauddin Haider. The 2 were sentenced after proven guilty
for the murder by the ATC.
Following the attack at the Army Public School in Peshawar, Prime Minister
Nawaz Sharif had approved lifting of the moratorium on the death penalty.
(source: geo.tv)
**********************
Pakistan's Death Row Prisoners Face Broad 'Terrorism' Charges, Harrowing
Conditions, and a Crumbling Justice System
A lot has changed in Pakistan since the barbaric December 16 attack that
targeted an army-run school in Peshawar and claimed 141 lives, most of them
children. One of the most immediate consequences of the heinous incident was
Prime Minister Nawaz Sharif lifting the 2008 moratorium on executions, just 1
day later, for "terrorism related cases."
However, there was a glaring problem with that decision, as pointed out by
Justice Project Pakistan (JPP), a Lahore-based rights organization. Not only
does Pakistan have one of the largest death row populations globally - then
totaling 8,526 - but more than 1 in 10 of every death row prisoner was tried as
a "terrorist."
Sarah Belal, executive director at JPP, told VICE News that "using the death
penalty as a form of punishment runs the risk of taking too many innocent
lives," especially given the multiple loopholes in Pakistan's justice system,
such as "a corrupt and ineffective police, an under-trained and under-funded
prosecution department, the rampant use of torture by the police to extort
confessions, and an under-trained lower judiciary."
'I would think of banging my head against the wall and ending my life.'
In a report titled Terror on Death Row, the group expressed concern over the
vague and overly broad definition of terrorism used under the Anti-Terrorism
Act of 1997 (ATA). Zohra Yusuf, chairperson for the Human Rights Commission of
Pakistan, told VICE News that this legislation, which was introduced
specifically to deal with terrorism cases and ensure speedy trials, had fallen
victim to the same shortcomings as regular courts, such as delays and poor
conviction rates. "The problem is that successive governments, instead of
strengthening existing institutions, have responded to crises by introducing
new legislation such as the Pakistan Protection Ordinance and now military
courts," said Yusuf.
JPP's report further cites that the ATA was being greatly and inappropriately
overused, evident from more than 17,000 pending terrorism cases as of July
2014. According to Amnesty International, Pakistan also led the number of death
penalty convictions globally in 2013, with 226 people being sentenced to death,
and defendants charged with ordinary crimes, such as robbery or kidnapping,
were tried as terrorists without any justification. Not only were their basic
rights violated but they were also handed indiscriminate, harsh punishments
that had no meaningful impact on combating terrorism.
Shafqat Hussain, 25, is one of the victims caught in the midst of the country's
knee-jerk attempt at mitigating terrorism. An anti-terrorism court sentenced
Hussain to death in November 2004 at the age of 14 for allegedly kidnapping and
murdering a child. According to JPP, the conviction came on the basis of a
single piece of evidence: A confession extracted after nine days of beating and
torture. "When the trial court passed the sentence, I was devastated. I
remember having a terrible headache for days," Hussain told VICE News through
his lawyer. "I would think of banging my head against the wall and ending my
life."
Belal elaborated that Pakistan's death row is a "particularly harrowing place,"
where six to eight prisoners are stuffed in a single cell originally made for
2, and remain locked up 23 hours a day. Moreover, the inmates have to take
turns to lie down and are made to use the bathroom in front of each other. This
inhumane treatment results in many of them suffering from acute anxiety,
depression, and stress associated with the trauma of confinement. Other
prisoners develop more serious conditions, such as schizophrenia and mood
disorders with psychotic features.
'Everyone, including terrorists, has a right to defense and to a fair trial.'
Hussain was slated for execution in early January 2015 and his family was
instructed by authorities at Karachi's Central Prison to pay their final visit.
A few days before the hanging, however, federal Interior Minister Chaudhry
Nisar Ali Khan announced that the government was going to halt the execution
and announced an inquiry into the concerns raised by human rights groups
regarding Hussain's conviction. "When the superintendent came to me to give me
the news, I couldn't believe him," recalled Hussain. "When he told me, I sat
down on the floor and cried in relief."
While Hussain got lucky due to the international attention his case received,
there are many others who await justice but might not be as fortunate. "In the
wake of the Peshawar attack, there is a palpable shift in the way the judiciary
sees itself and its role in fighting the 'war on terror' in Pakistan," said
Belal.
The judiciary, which currently faces a state narrative that attributes a
considerable part of the blame to it for failing to "convict terrorists," now
allows little room for any last-minute appeals or legal challenges for
individuals sentenced to death for terrorism. For example, within 24 hours of
the Peshawar attack, the state, in collusion with the judiciary, revised the
existing ruling that gives a window of at least 14 days before the issuance of
a death warrant and the date of execution. It was reduced to seven days in the
provinces of Sindh and Punjab.
Human rights groups, however, continue to oppose the use of the death penalty
as a solution to Pakistan's terrorism problem. "In a country where prosecution
and investigation are weak and confessions obtained under torture, even
convicted terrorists should not be given the death sentence," said Yusuf.
"Everyone, including terrorists, has a right to defense and to a fair trial.
The appeals process has to be expedited so that the [existing inmates] don't
continue to languish in prisons."
If that happens, convicts like Aftab Bahadur, who has been in prison for the
past 23 years on charges of murder, might get a glimpse of the world outside
once again. "I can recall very little from the world outside. Everything seems
like a blur," Bahadur told VICE News through his lawyer. "But I want to tell
the Pakistani government is that it has been 23 years since I have been in
prison. I am innocent. At least give me a chance."
(source: vice.com)
INDONESIA:
Indonesia's looming executions add to a growing death penalty toll in Asia
In a matter of days, 11 convicted criminals in Indonesia are to be shot dead by
a firing squad. The group, mostly convicted of drug trafficking, includes
Indonesians as well as Frenchmen, Brazilians, and 2 Australian citizens whose
families and government have been heavily lobbying Jakarta to commute their
sentences.
But the executions will not be delayed or reversed, Indonesian president Joko
Widodo vowed to reporters yesterday: "The 1st thing I need to say firmly is
that there shouldn???t be any intervention towards the death penalty because it
is our sovereign right to exercise our law."
Indonesia is far from the world's biggest death penalty practitioner - that
accolade goes to China, where between 1,000 and 2,400 people are executed
annually - but the looming mass execution will add to a recent uptick in the
use of capital punishment across Asia
. According to a new report from Amnesty International, while much of the rest
of the world is moving away from the death penalty, state executions have
become most common in the Asia Pacific region. At least 6 countries in the
region - Japan, North Korea, Vietnam, Malaysia, China, and Pakistan - carried
out executions last year. In 2013, there were executions in 22 countries around
the world, many of them in Asia.
Estimates for executions in North Korea and China are incomplete and likely
higher, according to Amnesty.
One factor driving the number of executions in some countries may be the
presence of new leaders intent on establishing their reputations as being harsh
on crime. Since Japanese prime minister Shinzo Abe took the helm in late 2012,
for example, 11 people have been hung and 127 remain on death row.
Widodo appears similarly concerned with appearing firm, especially when it
comes to drug-related crime. He campaigned on an anti-narcotics platform and
has claimed that drug use claims 40 to 50 young people's lives every day - a
statistic that many experts dispute. In January, 6 people, mostly foreigners,
were executed for drug trafficking-related crimes, a move that prompted the
Netherlands and Brazil to pull their ambassadors from the country
. The 2 Australian men have been jailed since 2005 and are convicted of
coordinating a ring of heroin traffickers known as the "Bali 9." The lawyer for
the 2 Australians say that they are reformed men who now teach Bible and
cooking classes in prison.
Analysts say that Widodo's insistence on the executions may also have something
to do with controversy at home over his selection for the country's top police
chief, general Budi Gunawan. The appointment has set off accusations of
corruption and a rivalry between the country???s police force and an
anti-corruption commission, in a drama that has reflected badly on Widodo's
image as a decisive leader.
So far, Widodo is on track to more than double the average number of executions
his country has carried out in recent years: 5 people were executed in 2013
after a 4 year moratorium on the death penalty, and none were executed in 2014.
Including the 11 slated for imminent execution in the coming days, 58 people
remain on Indonesia's death row.
(source: qz.com)
THAILAND:
Thailand reverses death sentences for two men who murdered Australian Michael
Wansley
A Thai court has reversed death sentences for 2 men convicted over the
execution-style murder of prominent Melbourne insolvency expert Michael Wansley
in 1999.
A former chairman of the Australian Red Cross who had been awarded the Order of
Australia for services to charity, Mr Wansley, 58, was shot dead by a gunman on
the back of a motorcycle while employed by Deloitte Touche Tohmatsu to
investigate financial malpractice at Thai sugar mills.
The case that lingered through Thai courts for 16 years raised serious
questions about the country's judicial system.
Thailand's Supreme Court on Wednesday reversed the death penalty for sugar mill
executives Somchok Suthiwiriwan and Sompong Buasakul, handing them life
sentences.
The court upheld an earlier sentence of life imprisonment for Boonpan
Suthiwiriwan, another mill executive.
The men were employees of a sugar mill in Nakhon Sawan province owned by the
family of wealthy provincial businessman Pradit Siriviriyakul.
The court earlier upheld the sentence of life imprisonment for Boonpan
Sutheevisawan, another mill executive.
Mr Pradit was initially charged with conspiracy to murder but was acquitted by
a 3-judge panel which rejected police testimony he offered a $4 million bribe
for the investigation to be dropped.
The panel accepted evidence that Mr Pradit told an employee "it was good the
foreigner is dead" but found he made the comments after the murder.
The Australian government made repeated representations to Thailand during the
case and Deloitte appointed former National Party leader and deputy prime
minister Tim Fischer to act as an adviser amid doubts the Thai courts would
deliver justice.
(source: Sydney Morning Herald)
BANGLADESH:
6 to die, 4 get life for murder in 3 districts
6 people were sentenced to death and 4 others to life imprisonment on murder
charges in Chapainawabganj, Comilla and Netrakona districts yesterday.
Our Chapainawabganj correspondent reported that a tribunal sentenced 2 people
to death for killing a minor girl after abduction.
The death penalty awardees are Shihab Reza, 24, son of Emran Ali of
Ajaipur-Aburajpara Mohalla, Sagor Ahmed, son of Abdul Malek of Shankarbati
Mohalla in Chapainawabganj municipality.
Judge Kobita Khanam of Women and Children Repression Prevention Tribunal-1
delivered the verdict. The judge also acquitted another accused named Jahirul
Islam of Kaliganj-Phulbagan area of the municipality as charges brought against
him could not be proved.
According to the prosecution, Shihab and Sagor kidnapped Kabita Khatun, 4,
daughter of Korban Ali of Kaliganj-Phulbagan area in the municipality on August
30, 2014 and strangled her the same day.
On September 1, 2014, the kidnappers phoned Korban Ali and demanded Tk 5 lakh
ransom for release of Kabita. Tracking mobile phone calls, Rab arrested Shihab
and Sagor on September 4. On the basis of their statements, the elite force
recovered the decomposed body of Kabita from underground.
Victim's father Korban Ali filed a case against Shihab and Sagor with Sadar
Police Station the following day.
Inspector Sarwar Hossain, also the investigation officer of the case, pressed
charges against Shihab, Jahirul Islam and Sagor on October 31 last year.
In Comilla, 3 robbers were awarded capital punishment and 4 others life
imprisonment for killing an expatriate in 2000, reports UNB.
They are Abu Taher alias Saru Miah, 50, Abdus Salam alias Liton, 30, and Jahir
Islam Jahir, 50, of Jashpur village in Sadar upazila.
The lifers are Bahar, 31,Mizanur Rahman, Arifuzzaman alias Imon, 35, and Abdul
Mannan. Additional Sessions Judge's Court-4 also fined them Tk 50,000 each, in
default they are to suffer 6 months more in jail.
According to the prosecution, Tofazzal Hossain, 35, an expatriate in Saudi
Arabia, was stabbed to death by a gang of robbers at the village on October 1,
2000.
A case was filed with Sadar Police Station the following day. Police submitted
charge sheet against the accused on February 24, 2004.
After examining the records and 18 witnesses, Judge Chamon Chowdhury pronounced
the verdict.
In Netrakona, a man was sentenced to death for killing his wife in Durgapur
upazila of the district in 2007.
The death penalty awardee is Abdus Salam, 40, son of late Ansar Ali of
Dubrajpur village in the upazila.
According to the prosecution, Salam hacked his wife Shilpi Akhter, 36, to death
following an altercation over a trifling matter at East Nanderchati village in
the upazila on October 12, 2007. The couple used to work at a fish enclosure at
the village.
After examining the records and 7 witnesses, Additional Sessions Judge Mohammad
Abdul Hamid handed down the verdict.
(source: The Daily Star)
*******************
3 to walk to gallows for Tofazzal murder
A court in Comilla has awarded death penalty to 3 people and life term to 5
others for murder of Tofazzal Hossain in the district more than 14 years ago.
Comilla's 4th Additional Sessions Judge Chaman Chowdhury pronounced the verdict
on Tuesday.
The death-row convicts are Abu Taher aka Chhoru Mia, son of late Ali Newaz,
Abdus Salam Liton, son of Noab Ali, and Jahirul Islam Jahir, son of Monohar
Ali. They all hail from Joshpur village under Adarsha Sadar Upazila of the
district.
Those who got life-term are Md Bahar aka Rozen, Abdul Mannan, Saheb Ali,
Arifuzzaman Iman and Md Mizanur Rahman.
The 5 have also been fined Tk 50,000 each, failing to pay which their jail-term
will be extended by another 6 months.
Among the convicts, Mannan, Saheb Ali and Mizanur Rahman are absconding.
Public prosecutor Md Jalal Uddin said Tofazzal Hossain of Joshpur village under
Kaliarbazar union, was stabbed to death on Oct 1, 2010.
His cousin Harun-ur-Rashid filed a case with the Comilla Kotwali Police Station
against 20-25 unknown people over the murder.
Inspector of police's District Special Branch Md Sirajul Haq pressed charges
against the 8 people on Feb 24, 2004.
The court recorded testimonies of 18 witnesses.
(source: benews24.com)
***************
Fugitive Jabbar spared death due to age
Former Muslim League leader Mohammad Abdul Jabbar has been awarded imprisonment
until his natural death, though he deserved capital punishment, for committing
crimes against humanity, including killings, loot and arson, in Mathbaria of
Pirojpur during the 1971 Liberation War, says a war crimes tribunal.
In its verdict delivered yesterday, the three-member International Crimes
Tribunal 1, led by Justice M Enayetur Rahim, said for the offences Jabbar, 82,
had committed, he deserved death penalty. But the punishment was committed to
life-term imprisonment considering his age.
Jabbar, also a former Jatiya Party lawmaker, has been fugitive since 2009 while
the prosecution and the investigation agency of the tribunal are unaware of his
whereabouts.
The tribunal yesterday ordered the home secretary and the police chief to
ensure the arrest of the fugitive convict with the help of the Interpol, if
necessary.
Earlier 2 war criminals were given jail until death due to their old age. The
convicts are former BNP minister Abdul Alim and former Jamaat-e-Islami chief
Ghulam Azam.
Apart from Jabbar, 4 other death row convicts have been absconding. They are
Abul Kalam Azad alias Bachchu Razakar, Chowdhury Mueen Uddin, Ashrafuzzaman
Khan and MA Zahid Hossain Khokon alias Khokon Razakar.
Jabbar was also made accused in a case filed under the Collaborators Act after
the independence. But he went into hiding after the war and remained a fugitive
until the political changeover of August 15, 1975.
Later he became active in politics and was elected a lawmaker from Mathbaria in
1986 and 1988 with Jatiya Party tickets.
"...we cannot overlook the advanced age of the accused, the mitigating factor,
which has come up before us for its due consideration.
"Undisputedly, accused Md Abdul Jabbar engineer is now an old man of more than
82 years. Mitigating factor of advanced age, particularly more than 82 years of
the accused is taken into consideration by this tribunal for taking lenient
view in the matter of awarding punishment to the accused. Having regards to the
above facts and circumstances, we are of agreed view that ends of justice would
be met if mitigating punishment is awarded, instead of capital punishment, for
the crimes," the tribunal said in the judgement.
The 2 other members of the tribunal is Justice Jahangir Hossain and Justice
Anwarul Haque.
Jabbar was found guilty in all the 5 charges brought against him. He was given
imprisonment until death on 4 charges and 20 years' jail on the other that
involves conversion of around 200 Hindus to Islam.
Founder of Mathbaria unit Peace Committee and Razakar Bahini, Jabbar aided the
Pakistani occupation forces in committing the crimes, the tribunal said.
He was sentenced to imprisonment for life for the deaths of 2 freedom fighters
- Abdur Razzak Biswas and Motaleb Sharif, and arson attack on over 100 houses
at Phuljhuri of Mathbaria; for ordering his accomplices to shoot Sarada Kanta
Paik to death and set 360 houses on fire at the same village; for his
involvement in the killing of 11 people and looting and torching 60 houses at
Naligram; and for the abduction of 37 Hindus from Angulkata and Mothbaria,
killing 20 of them and looting the houses of the victims.
Jabbar was sentenced to suffer rigorous imprisonment for 20 years and a fine of
Tk10 lakh, in default to suffer further simple imprisonment for two years, for
forcefully converting around 200 people of a Hind para of Phuljhuri village.
"The 5 sentences shall run concurrently," the tribunal said.
Son of late Saden Ali alias Samed Ali Hawlader and late Sawhar Banu, Jabbar was
born on November 30, 1932 at Khetachira village of Pirojpur. He obtained BSc
engineering degree and joined the politics of Muslim League. Later, he became
an influential leader of the party and was elected an MPA in 1964.
Jabbar was indicted on August 14, 2014 and the tribunal concluded the trial
proceedings on December 3 last year and kept the case waiting for verdict.
The prosecution submitted the formal charges against Jabbar on May 11 last
year. On May 12, the tribunal issued arrest warrant against him after taking
the charges into cognisance. On July 8 last year, the tribunal appointed
Mohammad Abul Hassan as counsel to defend Jabbar.
A total of 24 prosecution witnesses testified against Jabbar. The defence did
not place any witness in favour of Jabbar.
The tribunal yesterday set at 11:07am and started to read the judgement just
after 3 minutes.
In the beginning of the court's procedure, Justice Rahim said he had been
appointed as the tribunal chairman the same day last year. It is the 5th
judgement under his chairmanship. The same tribunal pronounced 3 more verdicts
before Justice Rahim took office.
The judgement said: "Jabbar was the chairman of Mothbaria Peace Committee
during the Liberation War in 1971 and under his leadership many atrocious
activities were taken place.
"From the evidence of eye witnesses and documentary proof it has revealed that
the accused had directly participated in the commission of offences of mass
killing in addition to aiding, facilitating and abetting the members of
auxiliary forces to have committed atrocious acts during the Liberation War."
The tribunal said: "Having considered the attending facts, legal position and
the gravity and magnitude of the offences, committed by accused Md Abdul Jabbar
Engineer, we unanimously hold that the accused deserves the capital punishment,
particularly in those 4 charges."
Jabbar had formed the Mathbaria unit Peace Committee being invited and
instructed by the leaders of its central unit, the tribunal said. Thereafter,
he along with his followers started committing atrocious acts accompanied by
the Pakistani invading forces in the locality.
The verdict said the local razakar force had been formed under Jabbar's
leadership with 150-200 members people. "He rendered an appointment to his
relative Iskander Mridha as the commander of that unit."
On May 16 of 1971, Jabbar held a rally on the playground of Tushkhali High
School and ordered the collaborators to bring to him Abdur Razzak and Motaleb
Sharif (trainer of freedom fighters) dead or alive. In line with the order, the
armed razakars held the 2 freedom fighters and killed them.
According to a witness, Jabbar always instigated his followers to launch war on
the Hindus. "He used to say 'Hindu's wealth and properties are for plunder and
so the Muslims can use them. If the Hindus want to live in this country, they
will have to become Muslims.'"
On October 6 of 1971, about 40-50 razakars led by Jabbar went to Angulkata
village and detained 37 Hindus. Out of them, 5 were released in exchange for
money while 22 persons were killed by gun shots.
The Hindus of Paik Bari under Phuljhuri village were converted to Islam in the
last week of May. They were given Muslim names and forced to eat beef. Later
the razakars established a mosque in the area and forced the Hindu women to
marry Muslim men, the case says.
Sarada Kanta Paik was killed upon Jabbar's order while attempting to flee away
on May 17. The collaborators also torched around 360 houses belonging to Muslim
and Hindu families after looting.
On May 22, Jabbar shot dead Sokhanath Kharati in Naligram village while his
accomplices, under his order, killed 10 others. Around 60 houses of the local
Hindus were looted and set on fire the same day.
After the pronouncement of the verdict, prosecutor Jahid Imam said they were
expecting death penalty for Jabbar since all the charges had been substantiated
successfully. "But we obey the judgement. We will decide about filing appeal
after receiving full text of the verdict," he added.
State-appointed defence counsel Abul Hasan said he had failed to communicate
with Jabbar during the trial proceedings. "I failed to prove Jabbar innocent as
I did not have proper documents in connection with the case."
Hasan said he learnt from government's documents that Jabbar had been staying
in the USA.
(source: The Dhaka Tribune)
********************************
SC seeks concise statement on his appeal in 2 weeks
The Supreme Court yesterday asked both the state and defence counsels to submit
in 2 weeks the concise statement on an appeal filed by convicted war criminal
Motiur Rahman Nizami against his death sentence.
International Crimes Tribunal-1 on October 29 last year passed a death sentence
on Nizami on 4 charges of war crimes, including murdering intellectuals. The
72-year-old was also awarded life imprisonment on the other four charges.
Nizami on November 23 last year filed the appeal with the SC challenging the
ICT-1 verdict.
(source: The Daily Star)
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