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Tribunal
The arguments of defense finish. Ghulam Azom cannot be punished with the liability of Prosecution’s failings: Barrister Razzak.
Wednesday, 17 April 2013
Tuesday, 16 April, 2013.
The lawyers of defense party have finished their arguments on behalf of former Ameer of Jamaat-e-Islami Professor Ghulam Azam. The main counsel Defense team Abdur Razzak told that prosecution has totally failed to present evidence for proving allegations brought against Ghulam Azom. And because of their failings Ghulam Azom cannot be punished. Three-member tribunal leaded by Chairman Justice ATM Fazle Kabir defense party finishes arguments at International CrimesTribunal. Tribunal has set a date for reply of state wings next Tuesday 17 April. After giving answer of state wings the date will be set up for verdict. Defense party presented their arguments 13 days including yesterday. Earlier state wings presented for 9 days. Son of Barrister Abdur Razzak Imran Siddiqui presented arguments on behalf of Ghulam Azom. Earlier Barrister Abdur Razzak and Advocate Mizanul Islam presented argument. At that time Advocate Tajul Islam, Matiur Rahman Akand, including Shishir Monir was present there. In the time of presenting arguments it is said that the liability of command responsibility should be set in accordance with Act of 1973 4 (b). Only \"senior official\" or \"Commander\" has scope of the command in accordance with the Act 4 (ii). However state wings could not be able to present any documentary evidence that Golam Azam was a \"senior official\" or \"commander\" of any force. So Act 4 (b) is not acceptable in the case of Golam Azam. It is said expressing the example of Yugoslavia and Rwanda’s Tribunal that accused will be responsible for the liability of any forces or any Organization when he has the power to punish, command and direct them. But the witness of this case Advocate Sultana Kamal admitted in his deposition that she does not know whether Golam Azam had the power to punish or dismissed any members of Razakars, Al – Badar. Another witness of this case Mahbub Uddin Ahmed Bir Bikram said in his deposition that he has no documentary evidence that Professor Golam Azam has given direction or command of criminal activities Al - Badar, Al – Shams and peace committee. besides investigating officer of the case acknowledged that he has not given any power of control, appointment, order. So there is no legal scope to be indicted Professor Ghulam Azom for causing crime by the members of that Committee. Barrister Razzak said that we finished our arguments. 61 allegations have been charged against him. And the prosecution completely failed to bring evidence. Prosecution has mentioned him as a master mind of all kinds of killings which was occurred in Bangladesh. However, today (Monday) we are clearly telling at the court that the prosecution could not be able to submit any documentary evidence. On the other hand prosecutor Sultan Mahmud told journalists that argument of defense was supposed to finish yesterday in accordance with the law and they finish their argument. But we will do for one day next Friday 17 April. Sultan Mahmud said that though they said about our failings, they did not deny our brought allegations. Golam Azam was involved all kinds of crimes during 71. Earlier, Chief Prosecutor Ghulam Arif Tipu presented argument last from 17 February to 4 March. Next April 17 the day of verdict will be set while the argument of state wings finishes. Tribunal accepted deposition of one witness among 12 witnesses. only Golam Azam’s son former Brigadier General Abdulla- hil -Aman azmi gave testimony on behalf of his father as a Cleaning witness. On the other hand 17 witnesses gave evidence on behalf of the Prosecution. Defense party has taken their deposition.