International Crimes Tribunal-1 (ICT-1) ,headed by its chairman Justice ATM Fazle Kabir ,on Wednesday set August 29 to pass its order on charge framing matters against Jamaat-e-Islami leader Mir Kashem Ali. Prosecutor Advocate Sultan Mahmud Simon argued for indictment against Mir Kashem on charge of crimes against humanity allegedly committed during the liberation war of Bangladesh in 1971. “He (Mir Kashem) was directly involved in different crimes during the independence war. Considering the gravity of the offences and for the interest of fair trial, the tribunal might frame charge against him,” he said.
Earlier, defence counsel Barrister Tanvir Ahmed Al Amin pleaded against the indictment on August 18, arguing that the allegations against the Jamaat leader did not fall under the definition of crimes against humanity. “All 14 allegations brought against Mir Kashem included ‘torture’ but it was not considered as a crime against humanity as per different international conventions and customary international law in 1971,” he said.
Torture was not included as a crime against humanity in Nuremberg Charter, he said, it was considered as a crime against humanity in customary international laws after 1971.
“Apart from that, as Kashem Ali was not a military person he should not take the superior command responsibility. So, the tribunal might discharge him from the allegations,” he pleaded.
Mir Kashem was arrested on June 17 last year. He is facing the charges of crimes against humanity including murder, extermination, torture, arson, confinement and deportation during the liberation war.
The tribunal took cognizance of the charges against Mir Kashem on May 26 and set June 27 to hold charge hearings but it was deferred several times due to requests from both sides. According to the prosecution, Kashem Ali was also involved in conspiracies to thwart the trial of crimes against humanity at home and abroad.
-With The Independent input
