penahanan pimpinan jameat Islami bangladesh dibantah
>> Selasa, Julai 16, 2013
Press Statement of Bangladesh Jamaat-e-Islami against the verdict of Professor Ghulam Azam
Today the International Crimes Tribunal-1 has sentenced former Ameer
of Bangladesh Jamaat-e-Islami, Professor Ghulam Azam to 90 years
imprisonment for commission of genocide and Crimes against Humanity in
1971. We are shocked by the judgment of the Tribunal. We believe that
the judgment of the Tribunal is perverse. It would be difficult to find
such a judgment in the entire history of criminal jurisprudence. We want
to make it absolutely and abundantly clear that the Prosecution has
failed to produce any evidence to establish the charges against
Professor Ghulam Azam.
This is a serious failure on the part of the Prosecution.
There are 6 allegations in the first charge against Professor Ghulam Azam – meeting General Tikka Khan, President Yahya Khan and Moulana Syed Abul Ala Moududi during 1971. However, the Prosecution has failed to produce any evidence of the contents of the discussions or any other details of the meeting. Merely meeting someone does not amount to commission of crimes against humanity or genocide. However, the Tribunal found Ghulam Azam guilty and sentenced him to 10 years. This is completely unacceptable.
The second charge against Professor Ghulam Azam comprises of three allegations relating to his alleged role in the formation of Central and local Peace Committees. Merely being involved with the formation of Peace Committees does not amount to commission of Crimes Against Humanity. To find Ghulam Azam guilty of Crimes against Humanity would require alteration in the definition of Crimes Against Humanity. We are shocked that the Tribunal has convicted Ghulam Azam for planning the commission of crimes against humanity and sentenced him to suffer 10 years imprisonment. This is a perverse finding by the Tribunal.
The third and fourth charges against Professor Ghulam Azam comprise of various speeches made by Professor Ghulam Azam in 1971. The Prosecution has not produced any evidence to establish these charges except news reports of such statements. The Investigating Officer of the case has clearly stated during cross examination that he has no information of commission of any offence by any person in 1971 upon hearing or reading any of the statements and speeches of Professor Ghulam Azam. It is clear from the deposition of the Investigating Officer that there is no nexus between Ghulam Azam and the commission of atrocities in 1971.
The Tribunal has also found Professor Ghulam Azam guilty of commission of murder of Siru Miah as crimes against humanity on the basis of a letter allegedly written by Ghulam Azam containing directions for the murder of Siru Miah. However, the Prosecution has failed to produce in evidence such letter allegedly written by Ghulam Azam. Nor has the Prosecution produced as witnesses before the Tribunal the person who allegedly carried the letter of Ghulam Azam to the perpetrator of the offence or the person who read the said letter. Even then, the Tribunal in its ‘wisdom’ decided to convict and sentence Professor Ghulam Azam to imprisonment for 30 years. In the 200 years history of criminal jurisprudence, there is no evidence of a judgment of conviction being passed on the basis of such flimsy evidence.
There is no doubt that Professor Ghulam Azam was a firm believer in the integrity of Pakistan. He worked for the sovereignty and integrity of united Pakistan. But the commission of genocide and crimes against humanity is not the same as supporting the integrity and sovereignty of united Pakistan. This is a fine distinction which many fail to understand.
We believe that no evidence has been brought on record to establish the charges of crimes against humanity and genocide against Professor Ghulam Azam. We will file an appeal before the Supreme Court against the judgment of the Tribunal.
The following is the link of the English website of Bangladesh Jamaat-e-Islami. Here the daily update regarding the situation of Bangladesh Jamaat-e-Islami can be found:
http://www.jamaat-e-islami.org/en/
This is a serious failure on the part of the Prosecution.
There are 6 allegations in the first charge against Professor Ghulam Azam – meeting General Tikka Khan, President Yahya Khan and Moulana Syed Abul Ala Moududi during 1971. However, the Prosecution has failed to produce any evidence of the contents of the discussions or any other details of the meeting. Merely meeting someone does not amount to commission of crimes against humanity or genocide. However, the Tribunal found Ghulam Azam guilty and sentenced him to 10 years. This is completely unacceptable.
The second charge against Professor Ghulam Azam comprises of three allegations relating to his alleged role in the formation of Central and local Peace Committees. Merely being involved with the formation of Peace Committees does not amount to commission of Crimes Against Humanity. To find Ghulam Azam guilty of Crimes against Humanity would require alteration in the definition of Crimes Against Humanity. We are shocked that the Tribunal has convicted Ghulam Azam for planning the commission of crimes against humanity and sentenced him to suffer 10 years imprisonment. This is a perverse finding by the Tribunal.
The third and fourth charges against Professor Ghulam Azam comprise of various speeches made by Professor Ghulam Azam in 1971. The Prosecution has not produced any evidence to establish these charges except news reports of such statements. The Investigating Officer of the case has clearly stated during cross examination that he has no information of commission of any offence by any person in 1971 upon hearing or reading any of the statements and speeches of Professor Ghulam Azam. It is clear from the deposition of the Investigating Officer that there is no nexus between Ghulam Azam and the commission of atrocities in 1971.
The Tribunal has also found Professor Ghulam Azam guilty of commission of murder of Siru Miah as crimes against humanity on the basis of a letter allegedly written by Ghulam Azam containing directions for the murder of Siru Miah. However, the Prosecution has failed to produce in evidence such letter allegedly written by Ghulam Azam. Nor has the Prosecution produced as witnesses before the Tribunal the person who allegedly carried the letter of Ghulam Azam to the perpetrator of the offence or the person who read the said letter. Even then, the Tribunal in its ‘wisdom’ decided to convict and sentence Professor Ghulam Azam to imprisonment for 30 years. In the 200 years history of criminal jurisprudence, there is no evidence of a judgment of conviction being passed on the basis of such flimsy evidence.
There is no doubt that Professor Ghulam Azam was a firm believer in the integrity of Pakistan. He worked for the sovereignty and integrity of united Pakistan. But the commission of genocide and crimes against humanity is not the same as supporting the integrity and sovereignty of united Pakistan. This is a fine distinction which many fail to understand.
We believe that no evidence has been brought on record to establish the charges of crimes against humanity and genocide against Professor Ghulam Azam. We will file an appeal before the Supreme Court against the judgment of the Tribunal.
The following is the link of the English website of Bangladesh Jamaat-e-Islami. Here the daily update regarding the situation of Bangladesh Jamaat-e-Islami can be found:
http://www.jamaat-e-islami.org/en/
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