A case of mistaken identity
Bangladesh court sentence Sayedee to death

A Bangladeshi court has sentenced a renowned Islamic scholar to death for mass murder and crimes against humanity during the 1971 liberation war against Pakistan.

Allama Delawar Hossain Sayedee a most popular Islamic scholar of Bangladesh and Vice-President of Bangladesh Jamaat-e-Islami has been found guilty of rape, genocide and murder, by the controversial International Crimes Tribunal.

Six leaders of the party are on trial before the much-criticized domestic court based in Dhaka. They too have been accused of committing atrocities during the nine-month war against Pakistan.

Sayedee has been tried on 20 counts, including converting local hindus to Muslims and playing a role in the killing of unarmed civilians, the prosecution alleged.

Sayedee denies the charges.

A case of mistaken identity

The defence, however, argues that this is a case of mistaken identity saying that the notorious Delwar Hossain Shikdar had been apprehended and executed by freedom fighters after the war.

Sayedee, the man being charged, used to reside in Jessore from earlier than 1971 and was even then engaged in giving sermons.

He, and his family, had fled Jessore looking for safety and stayed for about two weeks at the house of a ‘Peer’ for about two weeks from around Apr 1, 1971. Thereafter the Sayedee family took refuge in another village, Mohiron, under Bagharpara in Jessore at one Roushan Ali’s house.

The Sayedee’s, the defence argues, stayed there for two months and a half. They then went to their village home.

The Jamaat leader has lost his eldest son and his mother over the court of the trial. He himself suffered a heart attack as well, on his return from Rafique Sayedee’s funeral. The following surgery, administering three stents, forced him to keep away from the trial for almost a month around the middle of last year

Meanwhile, Jamaat announced a nationwide strike on Tuesday and said it would resist at any cost a “government blueprint” to execute its leaders.

In last two months the tribunal have delivered two other judgements. One sentenced former Jamaat activist Abul Kalam Azad alias Bachchu Razakar to death. The other gave Jamaat Assistant Secretary General Abdul Quader Molla a life sentence.

Nine others are on trial, including eight top leaders of Jamaat-e-Islami and two members of the opposition Bangladesh Nationalist Party (BNP), one a former minister.

All deny the charges against them and opposition leaders accuse the government of carrying out a political vendetta.
Human rights groups have also said the tribunal falls short of international standards.

The special court was set up in 2010 by the current Bangladeshi government to deal with those accused of collaborating with Pakistani forces who attempted to stop East Pakistan (as Bangladesh was then) from becoming an independent country.

Bangladesh government figures estimate more than three million people were killed during the independence war, although some researchers put the figure at between 300,000 and 500,000.

Allama Delwar Hossain sayedee (File Photo)

Allama Delawar Hossain Sayedee devoted his life to disseminate the light of the Qur’an all over the world. He is an eloquent speaker, popular leader and organizer.

He joined Bangladesh Jamaat-e-Islami (Jamaat) as primary member in 1979. In 1989 he was selected as member of Central Committee of that party.

He was elected as a Member of Parliament from his Pirojpur Sadar Constituency twice 1996 and 2001. He authored 72 Islamic Books including Tafsee of Quran, Biography of Prophet Mohammad (PBUH), Quraan & Science, Women Rights in Islam, Labor’s Right in Islam, Political Views of Islam etc. He is also actively involved in many charitable activities and educational institutions.

Background:
The first trial in the International Crimes Tribunal No. 1(ICT-1), Bangladesh is the trial of Mr. Delawar Hossain Sayedee who is Nayeb-e-Amir of Jamaat-e-Islami Bangladesh which is now awaiting judgment. This trial has attracted huge interest in national and international circle due to the gross unfairness in the trial process and conspiracy of the government. People will remember this trial as an extreme example of hypocrisy in the name of fair trial.

The investigation officer has conducted the investigation fraudulently to confirm Mr. Sayedee’s conviction.

The defence was given very short time to prepare his defence before the trial. ICT-1 did not take any note that the prosecution did not make full disclosure of their case to the defence. It restricted the defence counsel from cross examining the Prosecution Witnesses on their previous inconsistent statements and relevant documents.

Prosecution witnesses were either rewarded or forced to give false evidence against Mr. Sayedee. When they denied, the Investigation Officer submitted written statements in their names and ICT-1 received them as evidence against Mr. Sayedee without allowing him any opportunity to challenge.

ICT-1 closed its eyes to the clear evidences (Safe house documents) showing that the Investigation Officer committed fraud upon the tribunal by falsely reporting that these witnesses were unavailable.

The defence was not allowed to exhibit these Safe House documents as that would prove the fraudulent nature of the investigation. The defence case was substantially limited and forced to close in one fifth time of the prosecution case.

Almost all the defence witnesses and their family members were threatened so that they cannot give evidence for Mr. Sayedee.

A proposed prosecution witness (Mr. Shukhoronjon Bali) showed the courage to tell the truth by testifying as a defence witness. But the members of the law enforcing agencies abducted him in the tribunal premises and this person remains trace-less.

Skype Scandal

Finally, the recent publication of the Skype and Email communications of the former Chairman of ICT-1 reveals that he was conspiring with the Ministers of the Government to fast tract the case and convict Mr. Sayedee.

He was found to have been taking secret assistance from an expatriate Bangladeshi, Dr. Ahmed Ziauddin, who was drafting orders and judgment for the Chairman.

After Skype Scandal it proved the tribunal is Biased, Unfair and would result Injustice. It is now evident that the former Chairman has had the judgment prepared against Mr. Sayedee by an uninvolved third party. He resigned as a consequence of allegations of judicial misconduct.

By issuing the verdict the newly constituted bench took the burden of the former chairman as they refused to take cognizance of the Skype and Email communications of the former Chairman.