BANGLADESH

The war crimes tribunal will decide on whether to frame charges against Jamaat leader Delwar Hossain Sayedee on Oct 3.

The International Crimes Tribunal (ICT) adjourned proceedings on Tuesday after the defence and prosecution had concluded their arguments for indicting the Jamaat's executive council member.

The defence reiterated its position that the charges against Sayedee were vague.

Counsel Tajul Islam arguing on behalf of Sayedee said that the prosecution had failed to show his client's modes of responsibility, or specific location of his crimes.

He also said that the prosecution's charges did not illustrate the purpose and intent of Sayedee's crimes, nor were there sufficient elements to substantiate the cases as crimes against humanity.

Syed Haider Ali arguing for the prosecution said that the charges were, on the contrary, quite concrete.

He accepted that there were some 'gaps' as regards the dates.

"But there are other documentary evidences to substantiate the chrages."

He said that the crimes committed almost 40 years ago did not remain fresh in people's memory.

"It is natural that there would be confusion over the exact date of the occurrences. But these gaps will be satisfactorily addressed by testimonies and other documents."

Haider Ali said that he believed there was sufficient evidence and that charges concrete enough for the indictment.

"I think the tribunal will have no problem in framing charges."

Tajul Islam argued that the tribunal could not assume the role of the prosecution and that the charges must be formed by the prosecution.

"It is on the basis of those charges that the court may decide on charge-framing."

The defence counsel also brought up the matter of investigation report, which would determine charge-framing to a large extent.

"Where is that investigation report?" Tajul asked, saying the defence had no such report.

He pointed out that the defence had the right to get all documents related to the trial.
The tribunal responded, "It is a report, not a document."

Tajul reacted, "But that is unheard of! How can you have a trial with the defence completely in the dark?"

The prosecution had on September 4 proposed framing charges against Sayedee on 31 counts of crimes against humanity and genocide in ICT Case-1/2011.

Sayedee's case is the first ever proceeding for indictment in war crimes involving the war.

Tajul concluded his arguments stating that the charges were not sufficient to proceed and as such should be dismissed and his client be discharged.

He also stated that the laws were insufficient to proceed with the case.

The tribunal of Justice Nizamul Haque, Justice ATM Fazle Kabir and Judge AKM Zahirul Ahmed adjourned the hearing until Oct 3.

Jamaat chief Matiur Rahman Nizami, secretary general Ali Ahsan Mohammad Mojaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla are behind bars on war crimes charges.

BNP policy maker Salauddin Quader Chowdhury, also an MP, has also been detained on similar charges that include murder, rape, arson, extermination, abduction and genocide.

However, the tribunal, had granted bail to another BNP man, Abdul Alim, on March 31 on certain conditions.