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Bangladesh war 1971
Lauren Comiteau's picture
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Dhaka, Bangladesh
Dhaka, Bangladesh

Bangladesh Tribunal: First Witness

Published on : 7 December 2011 - 5:45pm | By Lauren Comiteau (photo:rnw)
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The first trial of a suspected collaborator from Bangladesh's 1971 war of independence heard Wednesday how the accused, now a senior politician, led a wave of looting and arson by pro-Pakistan militia.

Delawar Hossain Sayedee, a top figure in the opposition Jamaat-e-Islami party, listened from the dock as the first witness in his trial described how Sayedee identified homes and shops of supporters of the liberation movement to Pakistani army officers.

Mahbubul Islam Howlader, 60, told the court how a pro-Pakistani "auxiliary force" led by Sayedee had then "torched and looted" scores of houses and shops belonging to minority Hindus. Howldaer also recalled seeing Sayedee order his men to shoot a Hindu man who had been captured and tied to a coconut tree.

He stands charged with crimes against humanity, genocide, murder, rape, religious persecution and enslavement. If found guilty, the 71-year-old could be hanged.

No access

Sayedee’s defence team had petitioned the court for an adjournment before the witness took the stand, saying it had been unable to fully investigate the alleged crimes in the Pirojpur District that the witness spoke of. The defence had requested police protection on a visit to the area, but according to one of its motions before the court, its investigators were instead “followed by a number of undercover intelligence officers and hostile groups throughout the day.”

Defense laywers also accused prosecution investigators on the ground of “concoct[ing] facts to falsely incriminate” their client and say their lack of access to the crime scene has hindered its preparations.

Judges denied their request for an adjournment, although they did give the defence until Sunday to cross-examine the witness. But just the fact that the first witness appeared in a tribunal that many thought might never take place--40 years after the crimes--is significant, says David Bergman, a journalist for the Dhaka-based, English-language New Age newspaper. “The question is the quality of the evidence and if there will be enough for a conviction,” says Bergman, who was in court Wednesday.

The court was crowded and proceedings were slow, mostly because this is the first time a Bangladeshi court has transcribed a hearing in an effort to create an official court record. The defence had requested as much, as had US ambassador-at-large for war crimes Stephen Rapp, who has at times been critical of the court. One key issue still to be resolved is the definition of “crime against humanity,” something the International Crimes Tribunal still has to rule on.

Politics, politics

Prime Minister Sheikh Hasina -- the daughter of independence hero Sheikh Mujibur Rahman -- established the war crimes tribunal after she returned to power in 2009. She’s pledged fair and impartial proceedings.

But opposition parties have condemned what they see as a "show trial" targetting Sheikh Hasina's political opponents. The New York-based group Human Rights has said the tribunal's legal procedures fall short of international standards.

Muslim-majority Bangladesh, which was called East Pakistan until 1971, has struggled to come to terms with its violent birth. The current government says up to three million people were killed in the war, many murdered by locals collaborating with Pakistani forces.

The 1971 war began after tens of thousands of people were killed in Dhaka when then-West Pakistan launched Operation Searchlight, a campaign intended to deter Bangladeshis from seeking independence.
 

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