War crimes trial
Fugitive Hasan Ali gets death penalty
The International Crimes Tribunal-1 (ICT-1) yesterday awarded the death penalty to absconding Syed Md Hasan Ali, alias Hachhen, for committing genocide and murders during the 1971 War of Liberation. Ali was tried in absentia.
In a unique judgement, the ICT-1 ordered that he be either hanged by the neck or shot till he is dead, as the government decides.
The tribunal found him guilty in five of the six charges brought against him relating to genocide and crimes against humanity and proven beyond doubt. He was given death in two charges, imprisonment till death in three and acquitted on the sixth charge.
The court gave him death for the mass murder at Shemulhati village of Kishoreganj, killing of 11 Hindus and the genocide of Balongka street.
He was given jail till death for killing one Tofazzal Hossain, murdering two Hindus of Araiura and Chikni villages in the district and acquitted on the charge of plundering and torching houses.
The three-member bench of the ICT-1, led by Justice M Enayetur Rahim, started reading out the summary of the 125-page war crimes verdict around 11:20am. Two other judges of the tribunal were Justice Jahangir Hossain and Justice Anwarul Haque.
In its verdict, the ICT-1 said: Accused Syed Hasan Ali, son of late Syed Muslehuddin and late Syeda Fatima Banu of village Machhihata [Peer Bari], Police Station and District Brahmanbaria is found guilty of the offences of genocide and crimes against Humanity enumerated in section 3(2)(a)(c)(g) and (h) of the International Crimes (Tribunals) Act,1973 as listed in charge nos. 03 and 04, and he be convicted accordingly and sentenced thereunder to death for each of the said two charges and the said sentences of death be executed by hanging the accused by the neck till he is dead or by shooting him till he is dead, as decided by the government, under section 20(2) of the said Act.
The verdict also said: The accused Syed Hasan Ali is also found guilty of the offences of crimes against humanity as listed in charge nos. 02, 05 and 06, and he be convicted accordingly and sentenced thereunder to suffer imprisonment for life till his natural death, for each of the said three charges under section 20(2) of the said Act.
However, the above three sentences of imprisonment for life till natural death shall run concurrently, according to the verdict copy. The tribunal also ordered police to arrest him or take the help of Interpol, if necessary, for capturing Hasan Ali.
The prosecution expressed its satisfaction over the verdict against Hasan Ali. Prosecutor Shahidur Rahman told The Independent: We are happy with the verdict and will decide whether to file an appeal or not after receiving a copy of the verdict.
State appointed counsel, advocate Abdus Shukur Khan, who represented the accused before the court, said he is not happy with the verdict.
On April 20 this year, the tribunal had declared the case CAV (Curia Advisari Vult), a Latin legal term meaning verdict could be delivered anytime, after the closing arguments of the prosecution and defence lawyers.
On November 11 last year, the tribunal had indicted Hasan in connection with six war crimes charges brought against him by the prosecution team for crimes against humanity committed during the Liberation War of 1971.
On September 15, 2014, the ICT-1, by an order, initiated trial in absentia against the fugitive and appointed advocate Abdus Shukur Khan to represent the accused before the court. Altogether 26 witnesses, including investigating officer Hari Debnath, testified against him before the tribunal.
Charge 1: On April 27, 1971, Syed Md Hasan Ali led a group of Razakars, accompanied by Pakistani soldiers, to the Sachail Purpboparha village of Tarhail upazila and looted seven houses of Hasan Ahmed, alias Hachu Bepari, and Sadot Ali, alias Kontu Miah, before setting them on fire by gunpowder.
The ICT found him not guilty in the charge.
Charge 2: A group of Razakars led by Hasan Ali shot dead Tofazzol Hossain Bhuiyan, alias Lalu Bhuiyan, at Tarhail upazilas Konabhawal village on August 23, 1971. The collaborators looted his house and abducted two others.
The ICT found him guilty and sentenced him to imprisonment until death.
Charge 3: The Hindu community of Tarhail upazilas Shimultala village was attacked by a group of Razakars on the afternoon of September 9, 1971. At least 10 houses were looted before being set on fire. Razakars led by Syed Md Hasan Ali killed 12, including one Akroor Paul. The prosecution said it views the act as an intent to destroy the Hindu community.
The ICT found him guilty and sentenced him to death.
Charge 4: On September 27, 1971, Razakars, led by Syed Md Hasan Ali, killed eight people, detained 10 others all of them members of the Hindu community at Borgaon village of Tarhail upazila.
The tribunal found him guilty and sentenced him to death.
Charge 5: Kamini Kumar Ghosh and Jibon Thakur were abducted and later shot dead by Razakars at the behest of Syed Md Hasan Ali on October 9, 1971 at Araiura village of Tarhail upazila. The collaborators also looted at least six houses belonging to members of the Hindu community in the village.
The ICT found him guilty and sentenced him to imprisonment until death.
Charge 6: On December 11, 1971, Razakars, led by Syed Md Hasan Ali, killed Rashid Ali Bepari of Sachail Pashchimparha village and looted and set fire to at least 100 houses of the village.
The tribunal found him guilty and sentenced him imprisonment until death.
Syed Hasan, who originally hails from Brahmanbaria, had been living in Tarail with his family for many years, including the war period.
This was the 19th verdict in as many cases of crimes against humanity in Bangladesh. For the ICT-1, it was the ninth verdict.
