“The order to hang me has been issued … let the photojournalists take my picture,” said Mobarak to the police officers flashing a V as he was being taken back to jail after a war crimes tribunal convicted and sentenced him to death yesterday. Photo: Anisur Rahman On August 22, 1971, some 130 people were assembled in Tanmandayl village of Brahmanbaria's Akhaura. Little did they know that 33 of them
would be picked out to be massacred the next day. Local Razakars gathered them there saying a panchayat would be formed. But once the villagers got together at a house, they were herded to a nearby camp of the Pakistani army. There, the Razakars quizzed each of them to know if any of their family members had joined the Liberation War and sorted out 33 from the rest this way. Around 8:00pm the following day, the Razakars and Pakistani troops took the ill-fated ones to a canal, had them dig their own grave and gunned them down. Then they buried all the bodies in the mass grave. Mobarak Hossain, the man who played a key role in plotting and executing the massacre, finally stands to pay for the heinous crimes he committed 43 years ago. The International Crimes Tribunal-1 yesterday sentenced him to death for abducting and killing the 33. It also found him guilty on charge of killing a freedom fighter, Abdul Khaleque, whose daughter Khodeza Begum initiated the long legal battle against the Razakar. The three-member tribunal sentenced Mobarak to life imprisonment for the killing of Khaleque of Satian village on November 11, 1971. It, however, acquitted him on three charges of killing four other people. Advertisement "It is well proved that Mobarak Hossain had complicity and substantially contributed and facilitated in mass killing as listed in charge no-1 [killing of 33 people]," Justice M Enayetur Rahim, chairman of Tribunal-1, said in the judgment. "It is also proved that the mass killing was followed by abduction, torture and conspiracy. We have taken due notice of the intrinsic gravity of the said offences of crimes against humanity which are particularly shocking to the conscience of mankind," he added. The judge said, "We unanimously hold that the accused deserves the highest punishment ... be hanged by the neck till he is dead." Mobarak was associated with the Jamaat-e-Islami during the Liberation War. He became a Rukon (member) of Jamaat in Akhaura after the war, according to the investigators. He, however, joined the Awami League in 1996 by giving an anti-Jamaat speech. With the help of some influential local leaders, Mobarak became the organising secretary of the AL's unit in Akhaura's Mogra union. He held the post until he was expelled in 2012 after the investigation into the war crimes allegations against Mobarak started that year, said Nawab Mia, president of Mogra union AL. Yesterday's court proceedings began with Justice Anwarul Haque reading out the summary of the 92-page verdict at 11:23am. Later, Justice Jahangir Hossain read out the second part of the judgment. Justice M Enayetur Rahim read out the main part of the verdict. With the latest judgment, the two special tribunals have so far convicted 14 people of crimes against humanity. Of them, four are on the run. Mobarak was taken to the courtroom around 11:10am. Wearing a white Panjabi-Pajama and a black sandal, he was seen shaking one of his legs restlessly throughout the verdict, even during the pronouncement of death sentence. He was seen smiling and flashing V-sign when he was taken to the prison van from the court. Mobarak was taken to the condemn cell of Dhaka Central Jail, said Senior Jail Super Forman Ali. "Mobarak Hossain was a potential member of Razakar Bahini [force] of the then Brahmanbaria Sub-Division, the verdict said. He at that time was widely and generally known as 'Razakar'," it added. The purpose of Razakar Bahini was to assist the Pakistani occupation army as an auxiliary force "to implement their design and plan in the commission of their atrocious acts against the Bengalee civilians," the court said. Three million people were killed and a quarter million women were raped by Pakistani army and their local collaborators during the nine-month long war. But Mobarak, son of late Shahadat Ali of Nayadil village in Akhaura, was leading a free life until March last year. Khodeza Begum filed the case with Brahmanbaria Police Station in 2009. Mobarak obtained an ad-interim anticipatory bail from the High Court. Later, the case was transferred to the tribunal. He was on bail even during investigation. He landed in jail on March 12 last year as the tribunal took into cognisance the war crimes charges against him. "We've got justice," Khodeza, who was 13 or 14 during the Liberation War, told The Daily Star over the phone following the verdict. Mobarak abducted Khaleque from his house between 8:00am and 9:00am on November 11 in 1971 and took him to Bakayal ghat of the Titas river. They shot him dead and charged bayonet to confirm his death. Then she saw another battle. This time it was a battle for survival. Eldest among five sisters and one brother, she said how her mother struggled to raise them. "My mother had worked as a domestic help at different houses. Even we too did the same," she said. She said they saw a light of hope in 2009 when the AL-led grand alliance came to power, leading her to file the case. "My father's soul has found peace ... We want quick execution [of the verdict]," said Khodeza, who testified before the tribunal as a prosecution witness. Her 90-year-old mother Mariyam Begum only said, "I'm happy." The prosecution expressed satisfaction over the verdict. However, Sahidur Rahman, conducting prosecutor of the case, said after analysing the full verdict, they will decide whether they will appeal against Mobarak's acquittal on three charges. Mobarak's elder son Asad Ullah and his lawyers said they did not get justice and will appeal. "Justice was not served. We will appeal to the Supreme Court. We believe we can prove our point to the Appellate Division and then the apex court will clear Mobarak Hossain of all charges," said Tajul Islam, defence counsel of Mobarak. All counsels appointed by Mobarak were either involved in the war crimes cases against Jamaat leaders or BNP leader Salauddin Quader Chowdhury. As per the law, both the government and the defence will get 30 days' time to appeal against the verdict.
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