00:00Proving atrocities throughout the country, witnesses from all over the country have not
00:07been examined.
00:08In this context we have to say that witnesses from many parts of the country have been examined
00:16and they have adequately proved the atrocities in almost every part of the country.
00:24The victims, the family members of the dead and injured protesters as well as the eyewitnesses
00:32gave their testimony which are enough for the proof of the charges.
00:40Quantity of witnesses is immaterial while there are small number of qualitative witnesses.
00:50Still, the number of 54 witnesses examined by the prosecution is not small.
01:00The Land and State Defence Council also elised that the audio conversations in question have
01:09not been examined by more than one department like CID.
01:14In this regard we would hold that the genuineness of the report of CID has not been challenged
01:22nor has the report been proved in genuine whereupon no other department was in need of holding
01:31further examination thereof.
01:33It is the further allegation of the Land and State Defence Council that accused Shachasina
01:41and Asanandam Khan Kamal did not incite or order the commission of the crimes against humanity
01:51as elised nor did participate in the commission thereof and thus they deserve to be acquitted.
01:59The Land and State Prosecutor in course of summing up asked for passing necessary order restraining
02:22Abamelech from running activities as a political party.
02:29Although the prosecution depicted series of words dates of Abamelech regime in the language
02:41of the prosecution.
02:43The tribunal does not incline to discuss on this point since this is not the issue of
03:02the instant case.
03:04It has come to the notice of the tribunal that accused Shachasina in defiance of the
03:14orders of the tribunal to appear and contest the case has given interviews in the media
03:22wherein she denied the allegations labelled against her in this case and also made some
03:29derogatory remarks.
03:30I have noted this aspect beforehand.
03:36But in some of her interviews she impliedly admitted her superior common responsibility.
03:48The United Nations Human Rights Commission categorically stated in its report there, the political
03:55leaders issued direct orders and other directives authorizing and guiding operations by BGB,
04:09rape, DGFI, Bangladesh police, and detective branch that involved serious violations of human
04:20rights against protesters and other civilians including extrajudicial killings and arbitrary
04:28detention.
04:29It has been stated in the report that 1400 people have been killed by use of lethal weapons during the July
04:42movement in 2004.
04:45By the political leaders, the United Nations Human Rights Commission meant the highest government
04:55authorities.
04:56The authorities in question are unprecedented in the history of Bangladesh.
05:01The nature and extent of cruelty administered upon the protestors, inclusive of infants,
05:12women and old, steered the hearts of the people throughout the world.
05:20On seeing the scenario of death and injured protesters and their outcry in the videos displayed
05:37in the courtroom and also seeing the victim witnesses in the courtroom for giving testimony who lost their
05:53skull, eyes, nose, hands and legs.
05:59Any human being will fail to be in the normal state of mind seeing such scenario.
06:12Such atrocities must be brought to an end at any cost.
06:18Justice must not fail.
06:22Our
06:47Count number one incitement, count number two order to kill, count number three inaction
06:57to prevent the atrocities and failing to take punitive actions against the perpetrators.
07:11And thus, if she is punishable, she is liable to punish under Section 3, Subsection 1A,
07:27Section 3, Subsection 2, Clause G, Section 3, Subsection 2, Clause H, Section 4, Subsection
07:363, Clause 1, Clause B and Section 4, Subsection 3 of the International Crime Sibonel sect,
07:451973, under the charge number one, what we do hold that, what all these three counts of
08:03crime against humanity, we do incline to award a single sentence that is the sentence of
08:19impeachment till national death, under charge one.
08:26Under charge two, Acuse Haka Sina is liable on two counts, on one count.
08:46There are several counts, but one count that is passing the order for deploying drones, helicopters,
09:01and using lethal weapons to kill the protesters.
09:07She committed crime against humanity under Section 3, Subsection 2A and Section 4, Subsection 1B
09:18of the International Crime Sibonel Act, 1973.
09:25She also committed the same crime, the same crime against humanity on the second count of
09:45second count killing six persons at Sankapulokrata, who was committed in contemplation, in
09:52forbearance by virtue of her order, as stated beforehand.
09:59And similarly, she committed the same crime, same crime, that is the crime against humanity,
10:06on another count, for causing the crime against humanity, the same crime against humanity, on
10:08another count.
10:09for causing the killings, at Ashulia of Sabah, killing of six persons.
10:10For all these three counts, she committed the same crime against humanity, on another count,
10:16for causing the killings at Ashulia of Sabah.
10:18killing of six persons.
10:19For all these three counts, we have decided to inflict her, with only one sentence, that
10:25is sentence of death.
10:26For all these three counts, we have decided to inflict her, with only one sentence, that
10:31is sentence of death.
10:32For all these three counts, we have decided to inflict her, with only one sentence, that
10:47is sentence of death.
10:53For all these three counts, we have decided to inflict her, with only one sentence, and
11:11with only two counts, we have decided to inflict her, with only one sentence, and the
11:29Please tell him.
11:35Accused Asadu Jaman Khan Kamal is liable for committing crime against humanity for the
11:53occurrence of killing six persons at Sankharpur of Kaka.
12:09In this occurrence they are liable for committing crimes against humanity by their abatment and
12:21failing to prevent the atrocities and also to failing to take necessary preventive measures,
12:33punitive punitive measures and thus Asadu Jaman Khan Kamal is head liable for the commission
12:45of crime against humanity under section 3 to A, 3 to G, 3 to H, 4, 1, E, 4, 3 of the International
12:57Crime Tribunal Act, 1973 for the commission of killing of six persons both at Sankharpur and
13:07six persons at Asulia of Sabah and for both the occurrences.
13:19He committed four counts of offenses that is crime against humanity four times by his abatment
13:32and failure to take necessary actions in Sankharpur by his abatment and failure to take necessary
13:39actions at Asulia.
13:41So, for all these four counts we have decided to award a single sentence of death to Asadu Jaman
13:55Jaman.
13:56As regards Chaudhari Abdullah al-Mamun as I have elucidated before he has contributed to the
14:12trial of this case by making full and true disclosure of the circumstances within his knowledge.
14:23And yet, he also admitted and he was involved in all the occurrences throughout the 36 days
14:37of movement.
14:38Considering both his contributions, his admissions with the material evidences to the tribunal to
14:53arrive at the correct decision.
14:56And also, in consideration of the gravity of the offense, we are both remitting his sentence and
15:13avoiding a sentence with leniency.
15:15That is, the offenses involve capital punishment.
15:22But for his contribution, we have decided to inflict him with the sentence of imprisonment for
15:32five years.
15:39The properties of accused Rekhasina.
15:43And accused Asadu Jamanthan Kamal in Bangladesh to be confiscated in favor of the state.
15:59The government is directed to pay considerable amount of compensation to the effect.
16:11Protestors concerned in this case, who have been killed in July moved by 2 0 to 4.
16:22And also, to take measures to pay adequate compensation to the old red protesters in consideration of
16:33the gravity of their injury and loss.
16:35This sentence shall be carried out in accordance with the provisions laid down in section 20,
16:43subsection 3, of the International Crimes Tribunal 1973, preferably personal to the long-standing practice.
16:56Let a copy of this judgment be transmitted to the district magistrate Dhaka for necessary actions.
17:02Let copy of the judgment be supplied to accused Saudiri Abdullah al-Mamun according to law.
17:10The ex-corneate use will not get any cookie at the moment.
17:17So thank you all very much.
17:19Thanks.
17:25Yes.
17:34Thank you, через a minute.
Comments