Kishoreganj’s absconding Razakar commander Syed Md Hasan Ali will have to die for massacring his own people to stop Bangladesh’s independence from Pakistan, a court says.
The first war crimes tribunal delivered the verdict on Tuesday after five out of the six charges had been proven beyond doubt.
The verdict by the International Crimes Tribunal-1 said the “death be executed by hanging the accused by the neck till he is dead or by shooting him till he is dead”.
Ali has been given the death penalty on two counts, prison until death in three counts and acquitted from the remaining one after being found not guilty.
Ali, son of a local collaborator, is the fifth person to be convicted of war crimes in absentia since the trials started in 2010.
His notoriety in Tarhail Thana during the war earned him nicknames like ‘Razakar Daroga’ and ‘Razakar OC’.
An estimated three million people were killed and millions of others were displaced and forced to seek shelter in India during the nine-month war in 1971.
Trying those who sided with Pakistan during the war remains an emotional issue in Bangladesh.
Most of those convicted in the last 18 verdicts are from Jamaat-e-Islami, a party accused of committing war crimes.
Ali can challenge the court’s verdict within a month but he will have to surrender before the court, which seems unlikely.
Whereabouts of the 68-year old war criminal remains unknown.
‘Like father, like son’
Ali’s father Syed Musleh Uddin was a madrasa teacher who became Nejami Islami’s general secretary during its formation in 1952.
He was the vice chairman of East Pakistan Democratic Party during the Liberation War.
According to the prosecution’s investigation, Uddin came out strongly in support of a united, non-secular Pakistan and many of his comments were published by newspapers at the time.
He became chairman of Kishoreganj Upazila’s ‘Peace Committee’ unit.
Ali, born on Aug 18, 1947 in Brahmanbarhia, was inspired seeing his father and joined Razakar para-militia, the case documents say.
Razakar, like Al-Badr and Peace Committee, was formed to assist the Pakistan occupation army to thwart Bangali struggle for freedom.
Ali provided all assistance to Pakistan army when they set up their camp at Kishoreganj’s Tarhail and later became the Upazila’s Razakar commander, according to case details.
Prosecution’s investigation arm claimed Ali had perpetrated crimes against humanity with his cohorts in Tarhail and Kishoreganj.
He was directly involved in the torching and looting of houses of Hindus and Awami League supporters.
Timeline of the trial
On June 6, 2013, prosecution investigators started their probe against Syed Md Hasan Ali.
Investigator Hari Debnath filed his findings on June 19, 2014.
Prosecutor Abul Kalam Azad pressed charges against Ali on Aug 21, 2014. On Aug 24, the tribunal took cognizance of the charges.
An arrest warrant was out for Ali, but the police failed to arrest him, when the tribunal ordered prosecution to put out newspaper advertisements.
Later, Ali was declared absconding and the tribunal ordered trial in absentia.
On Sept 15, the state appointed Abdus Shukur Khan as the defence counsel. On Nov 11, the trial started after Ali was indicted on six counts.
Testimonies of 26 prosecution witnesses were recorded between Dec 7 last year and Mar 31 this year. The defence did not produce any witnesses.
The war crimes tribunal kept its verdict pending on Apr 20 after hearing closing statements of the prosecution and defence.
Charges and punishments
Charge 1
On Apr 27, 1971, Syed Md Hasan Ali led a group of Razakars accompanied by the Pakistani army to the Sachail Purpboparha Village of Tarhail Upazila and lootef seven houses of Hasan Ahmed alias Hachu Bepari and Sadot Ali alias Kontu Miah before setting them on fire by gunpowder.
Verdict: Not guilty
Charge 2
A group of Razakars led by Hasan Ali shot dead Tofazzol Hossain Bhuiyan alias Lalu Bhuiyan at Tarhail Upazila’s Konabhawal Village on Aug 23, 1971. The collaborators looted his house and abducted two others.
Verdict: Guilty
Sentence: Prison until death
Charge 3
The Hindu community of Tarhail Upazila’s Shimultala Village was attacked by a group of Razakars on the afternoon of Sept 9, 1971. At least 10 houses were looted before setting them 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” to the Hindu community.
Verdict: Guilty
Sentence: Death penalty
Charge 4
On Sept 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.
Verdict: Guilty
Sentence: Death penalty
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 Oct 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.
Verdict: Guilty
Sentence: Prison until death
Charge 6
On Dec 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.