On 9 October 2013, Tribunal 2 issued its fifth verdict, concluding the case of Chief Prosecutor vs. Md. Abdul Alim alias M.A. Alim. The Tribunal found Alim guilty on nine of seventeen charges: specifically Charges 1, 2, 6, 7 8, 9, 10, 12, 14. He was acquitted of Charges 3, 4, 5, 11, 13, 15, 16 and 17.
The Charges and the Verdict:
- Charge 1: Participating and substantially abetting and contributing the actual commission of the offence of deportation as Crime Against Humanity, committed against a member of the civilian population named Meher Uddin Chowdhury belonging to Awami League of Dom Doma village in Panchbibi. Charged under Section 3(2)(a) (g) and Section 4(1) of the International Crimes (Tribunals) Act, 1973.
- Found Guilty and sentenced to imprisonment for ten years.
- Charge 2: Substantially abetting and contributing to the commission of offence of large scale killing of Hindu community as Genocide, committed in the villages Koroi Kadipur, Chwakpara, Sonarpara, Palpara, Munshipara of Jaipurhat. Charged under Section 3(2) (c) (g) of the Act and Section 4(1).
- Found Guilty and sentenced to imprisonment for the remaining part of life until his natural death.
- Charge 3: Substantially abetting and contributing to the commission of offence of murder as Crimes Against Humanity directed against twenty-two pro-liberation civilians. Charged under Section 3(2) (a) (g) and Section 4(1).
- Acquitted.
- Charge 4: Substantially abetting and contributing to the commission of offence of murder as Crimes Against Humanity of nineteen pro-liberation civilians of villages Koktara, Ghorapa, Bagiana and Kutahara. Charged under Section 3(2) (a) (g) and Section 4(1).
- Acquitted.
- Charge 5: Substantially abetting and contributing to the actual commission of offence of murder as Crimes Against Humanity directed against sixty-seven Hindu civilians in South Pahu Nanda of Jaipurhat. Charged under Section 3(2) (a) (g) and Section 4(1).
- Acquitted
- Charge 6: Substantially abetting and contributing to the actual commission of offence of murder as Crimes Against Humanity directed against Abdus Salam of Akkelpur and eight others at a place known as Bakul Tala of Koktara village. Charged under Section 3(2) (a) (g) and Section 4(1).
- Found Guilty and sentenced to imprisonment for twenty years.
- Charge 7: Substantially abetting and contributing to the actual commission of offence of murder as Crimes Against Humanity directed against four civilians, named Ilias Uddin Sarder, Yusuf Uddin Sarder, Yunusuddin Sarder and Abdul Kader Mondol by the side of a pond on one Kali Saha in Panchbibi, Jaipurhat. Charged under Section 3(2) (a) (g) and Section 4(1).
- Found Guilty and sentenced to imprisonment for twenty years.
- Charge 8: Substantially abetting, inciting and contributing to the actual commission of the offence of Genocide by killing ten civilians belonging to the Hindu community, including Badal, Shachin alias Vanu, Bishu, Probas Chandra Sheel, Monibhushan, Chakravati, Kartik Chandra Barman, Nimai Chandra at a place named Khanjanpur Kuthibari Ghat. Charged under Section 3(2) (c) (g) and Section 4(1) of the 1973 Act.
- Found Guilty and sentenced to imprisonment for the remaining part of life until his natural death.
- Charge 9: Substantially abetting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed at 15 youths suspected of being freedom fighters, after bringing them to West Amatra village from the Gadi Ghar. Charged under Section 3(2) (a) (g) and Section 4(1).
- Found Guilty and sentenced to imprisonment for twenty years.
- Charge 10: Participating, substantially abetting and contributing to the actual commission of the offence of Genocide by killing twenty six civilians with intent to destroy pro-liberation youths after taking them to Jaipurhat College. Charged under Section 3(2) (c)(i)(g) and Section 4(1) of the 1973 Act.
- Found Guilty and sentenced to imprisonment for the remaining part of life until his natural death.
- Charge 11: Substantially abetting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed against Md. Mokhlesur Rahman, Ahad Ali, Najer Akond, Amjad Hossain, Abdul Gaffar and 14 other unknown garoals (bullock-cart pullers), near Khanjanpur Kuthibari Bridge. Charged under Section 3(2) (a) (g) and Section 4(1).
- Acquitted.
- Charge 12: Substantially abetting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed against Dr Abul Kashem near Khanjanpur Kuthibari Bridge. Charged under Section 3(2) (a) (g) and Section 4(1).
- Found Guilty and sentenced to imprisonment for twenty years.
- Charge 13: Substantially abetting, inciting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed against 11 youths in the south part of Bara Ghati Pukur. Charged under Section 3(2) (a) (g) of the Act and Section 4(1).
- Acquitted.
- Charge 14: Substantially abetting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed against Fazlul Karim who was first brought in front of CO (Dev) Office of Jaipurhat and killed near Khanjan Pur Kuthibari Ghat. Charged under Section 3(2) (a) (g) and Section 4(1).
- Found Guilty and sentenced to imprisonment for the remaining part of life until his natural death.
- Charge 15: Substantially abetting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed against 25 civilians in addition to one Solaiman Ali Fakir, Abdul Khalek, Abdus Samad and Aftab Hossain in the Jaipurhat Sugar Mill in Panchbibi. Charged under Section 3(2) (a) (g) of the Act and Section 4(1).
- Acquitted.
- Charge 16: Substantially abetting and contributing to the actual commission of the offence of confinement as Crimes Against Humanity by confining Solaiman Ali Fakir, Abdul Khalek, Abdus Samad and Aftab Hossain in the Jaipurhat Sugar Mill in Panchbibi. Charged under Section 3(2) (a) (g) of the Act and Section 4(1).
- Acquitted.
- Charge 17: Substantially participating, abetting and contributing to the actual commission of the offence of murder as Crimes Against Humanity directed against Subedar Major Jabbal Hossain of 17 Wing of EPR, who had been apprehended at the house of one Nazim Uddin of Dhuroil village. Charged under Section 3(2) (a) (g) of the Act and Section 4(1).
- Acquitted.
Mitigation in Sentencing
In its Judgment, the Tribunal reiterated that the gravity of the offences requires the imposition of the maximum sentence of death penalty, however, the Court considered that the physical impairment and old age health complications of the Defendant were mitigating factors to be taken into account for sentencing. This is why the Tribunal declined to give a death sentence on any of the convicted charges.
The full judgment can be found here : ALIM-Full Judgment
A detailed summary of the Judgment in this case will be published on this website in due course.