Civil society rights group Ganatantrik Odhikar Committee has condemned the interim government for the acquittal of former Jamaat-e-Islami acting secretary general ATM Azharul Islam Azhar, who was given the death penalty for committing crimes against humanity in 1971.
The group, formed after the August 5 changeover to support the Muhammad Yunus-led government, has raised the question of how a well-known war criminal could be declared innocent.
In a statement issued on Friday, the group stated that the interim government is now protecting Jamaatโs interests in the same spirit.
It also called for identifying and prosecuting Chhatra Shibir members involved in attacks on peaceful demonstrations against the acquittal of Azhar.
The statement was issued on behalf of committee members, including Professor Anu Muhammad, Haroon Ur Rashid, Seema Dutta, Samina Luthfa, Abdullah Al Kafi, Fakhruddin Kabir Atik, Maha Mirza, Afzal Hossain, and Marzia Prova.
Azhar was declared innocent by a four-member Appellate Division bench of the Supreme Court, led by pro-BNP Chief Justice Syed Refaat Ahmed, on May 27.
Being the president of Islami Chhatra Sangha (now Islami Chhatra Shibir) in Rangpur, Azhar led a group of 70 members of al-Badr in Rangpur during the Liberation War to support the Pakistani military in committing genocide.
His crimes include the murder of over 1,200 people, mostly Hindus, at Jharuar Beel and four teachers of Carmichael College along with the wife of a teacher, and the rape of many women at the Rangpur Town Hall torture cell, established by the occupation forces.
On May 28, Azhar was given a brief reception at Shahbagh intersection following his release from prison. Following this, a subsequent views-exchange meeting was held at Alafalah Auditorium in Moghbazar, said Jamaat Ameer Dr Shafiqur Rahman.
Azhar was released from prison custody at the Bangladesh Medical University (formerly Bangabandhu Sheikh Mujib Medical University) in the morning. He had been in jail since August 23, 2012, following his arrest.
The statement said: โThe adviser to the law ministry [Asif Nazrul] dubbed this verdict fair. We want to say that exonerating a known war criminal by declaring him completely innocent is not justice; rather, this serves as an example of political influence over the judiciary.โ
It said the historical evidence of the Jamaatโs role in the genocide shows that Azhar, due to his organisational position, was complicit in war crimes.
โWhat is surprising is that although the interim government admitted the flaws in the tribunalโs proceedings, it still pursued an appeal review within the same flawed process. We assert that just as the Awami League government launched this flawed trial process to serve its narrow political interests, the interim government is now continuing that legacy by preserving Jamaatโs interests.โ
The statement further claimed that the interim government structured the ICT in such a way that several prosecutors, including the chief prosecutor, had previously served as defence lawyers for war crimes accused. This created a conflict of interest that influenced the verdict.
Additionally, the current state lawyers refused to take responsibility for the previous prosecutionโs failures, which not only constituted professional misconduct but also weakened the entire judicial process. The current prosecution had a duty to correct past mistakes and defend the state.
In such a circumstance, declaring the accused innocent and acquitting him unconditionally of charges is a mockery in the name of justice.
The committee remarked that the July mass uprising had generated hopes for democracy, justice, and an independent judiciary, but the acquittal of Jamaat leader Azhar goes against those hopes and effectively ensures that the July massacre will not be prosecuted.
The committee noted that several students were seriously injured during the brutal attack by Islami Chhatra Shibir, Jamaatโs student wing, on those protesting the verdict under the banner of the Ganatantrik Chhatra Jote (Democratic Students Alliance).
They also said Shibir is now repeating the pattern of attacks that the Bangladesh Chhatra League carried out against student protests over the past 15 years. Female students were specifically targeted, and in Sylhet, a female student was repeatedly threatened by Shibir members for speaking out.
This pattern of behaviour proves Chhatra Shibir, raised under the patronage of the Chhatra League for 15 years, is now carrying the same fascist ideology and behaviour of the Awami League, it added.
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