Today the Tribunal heard matters in the following case:

1. Chief Prosecutor vs. Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded testimony from Abul Kashem, Prosecution Witness 1, Kanai Lal Mondol, Prosecution Witness 2, and Iqram Mollah, Prosecution Witness 3. The state-appointed Defense Counsel subsequently cross-examined the witnesses. Thereafter, the Tribunal adjourned the proceedings of the case until 26 November 2013. 

 

Abul Kashem testified in support of charges no 1, 4 and 5.

Examination-in-Chief of PW-1

Abul Kashem testified that now he is the leader of Faridpur Chhatra League, a student wing of Awami League and that in 1970 he was a student of class 8 and 15 years old. He testified that in 1970 he was an activist of the Awami League and campaigned in support of Awami League candidate Obaidur Rahman. He testified that in that election Zahid Hossain Khokon and his brother Jafor campaigned in support of the Jamaat-e-Islami candidate Mohammad Ali and he knew Khokon from that time. He testified that Khokon resided beside their village at that time.

Abul Kashem testified that on 21 April 1971, members of the Pakistani Army entered Faridpur and Khokon, his brother Jafor, Bacchu, Aynal, Atahar, and Badsha Mia welcomed them, attended a meeting with them and took arms and entered Nagarkanda. He testified that three groups led by Jafor, Bacchu and Badsha formed three Mujahid forces at Nagarkanda. These groups attacked people who were in support of the Liberation War and looted their homes, set the houses on fire, raped women, and committed other crimes.

Abul Kashem testified that on 24 April 1971, a freedom fighter unit of Nagarkanda was formed. He testified that on 27 April 1971 the Accused Khokon and his brother Jafor and their accomplices looted Bonogram and set the houses on fire. Thereafter, they took 17 villagers to Nagarkanda Police Station and kept them detained for 2 days, during which they tortured them and asked for money. When their family members paid, they were freed.

On 27 May 1971 Khokon and his accomplices went to Bonik para of Chadhat, looted and set fire to the houses and temples, raped women and committed different crimes. He testified that he also heard from villagers that Khokon had raped a woman named Radha Rani and other Razakars raped another woman. Abul Kashem testified that on 29 May 1971, a fight took place between Khokon, his accomplices and the Pakistani Army and the freedom fighters. In that fight Jafor, some members of the Pakistani army, and three civilians were killed.

Abul Kashem further testified that around 7 or 8am on 30 May 1971, he saw Khokon and his accomplices and the Pakistani Army coming towards their village Kodalia. He testified that he saw them entering into the Purbo para of their village, heard the sound of firing and saw an arson attack. He testified that his father asked him to flee, and he went to his nearby grandmother’s house located at Kajli. From there, he saw flames and heard the sound of firing coming from their village. He testified that they also looted Iswardi village, set the houses on fire and killed five to seven people by firing. Abul Kashem testified that when Khokon, his accomplices and the Pakistan Army left their village, he went back and then went to Purbo para and found 15 corpses, including women and children. He found Rahima, Sufia and Boru Khatun alive as well as Kochi, Sheuli and Lavlu with bullet wounds. He testified that he found the corpses of Afzal and 3 others beside the Koumi Madrassa.

Abul Kashem testified that from Sattar Mia, Mannan Mia, Hingul Kha, Kanchu Mridha, he learned that in the Velur Vita area, there were 40 or 50 persons who had been themselves; he also learned that hearing the cries of the children, Khokon, his associates and Pakistani army caught those persons and divided them into three groups. Abul Kashem testified that they asked the youths to carry the looted goods. He further stated that among the youths, Allauddin refused to carry the looted goods and Khokon beat him with the butt of a rifle until he was bloody. He confirmed that Allauddin is still alive.

Abul Kashem testified that on 31 May 1971, Khokon, his associates and Pakistani Army members went to Dighalia and Ghoramara canal through Kodalia to search for the corpses of the Pakistani Army members who died on 29 May 1971. However, they did not find any, which made them angry. They attacked the houses of Pigir Uddin, Afaz Uddin and Sadek located at Kodalia village. Abul Kashem testified that they set the houses of Pigir Uddin, Afaz Uddin and Sadek on fire and the three of them died in that arson attack. He further testified that they attacked Bonogram, looted the village and set the houses on fire.

Abul Kashem testified that on 1 June 1971, Khokon, his associates and members of the Pakistani Army attacked Churiar Chor and Baghat. They looted the village, set the houses on fire, killed 5 people who were trying to hide themselves, and violated women. He testified that among 5 people, one was detained from a mosque. He heard from others that southwest of Baghat village, there was a jute field where 10 to 15 persons had been killed. He testified that in the first stag,e Jafor was the Razakar commander of Nagarkanda, but after his death, Khokon became the Razakar commander. He acknowledged giving an interview to the Investigating Officer and testified that Khokon is not present at the dock of the Tribunal.

Cross-Examination of PW-1

The state-appointed Defense counsel claimed that there was no committee of Jamaat-e-Islami at Nagarkanda in 1971 and Zahid Hossain Khokon and his brother Jafor did not campaign in support of the Jamaat-e-Islami candidate Mohammad Ali in 1970. The witness denied that. The Defense then claimed that Khokon campaigned for the Awami League candidate Obaidur Rahman in 1970 and joined BNP with Obaidur Rahman. The Defense claimed that before the Liberation War, Khokon was the Ansar commander. The witness denied all of this. The Defense added that the witness contested with Khokon in the Union Parishad election in 1991 and Khokon won in that election, and the witness admitted this. The Defense claimed that the witness gave false testimony accusing Khokon and further claimed that Khokon was not a Razakar and did not even oppose the Liberation War. The Defense also claimed that Khokon was not involved in the crimes against humanity. The witness denied all of these claims. The Defense stated that the Khokon was a freedom fighter and the witness gave false testimony accusing Khokon because he had defeated him. The witness denied all of these statements.

 

Kanai Lal Mondol, Prosecution witness 2, testified in support of charges no 2, 3 and 11.

Examination-in-Chief of PW-2

Kanai Lal Mondol testified that in 1971 he was 18 years old. He testified that he received training from Surjo Mollah and Ali Mollah to participate in the Liberation War. Kanai testified that in the beginning of Boishakh (a month in the Bengali year), members of the Pakistani Army entered Faridpur, and Khokon, Jafor and Aynal went to Faridpur to show their support fpr the Pakistani Army and returned with arms. Kanai testified that in the middle of Joishtho (a month in Bengali year), Khokon, Jafor and Aynal came to their village, which was a Hindu dominated area, and committed arson attacks on one of their houses and another house of their neighborhood and asked for money. He testified that he saw Khokon and his accomplices while converting the religion of Vhubon Das, Sontosh Das, Jibon Das, Mohon Das, Nitai Das and their wives to Muslim.

Kanai Lal Mondol further testified that in the middle of Boishakh and then testified that in the middle of Joistho (a month in Bengali year) in a fight between Razakars, several freedom fighters, Jafor (brother of Khokon) and some Pakistani Army members were killed. He testified that thereafter, in the beginning of Ashar (a month in Bengali year), Aynal and Khokon came to their home. He hid himself in a nearby jute field but Khokon and Aynal found him and took him east of their house. He testified that they hit him on his back with the butt of the rifle, and Khokon told him that freedom fighters killed his brother and if they kept Kanai alive he may kill them. Kanai testified that then Khokon shot him with a rifle but the bullet hit his right hand instead of his chest. He stated that Khokon and Aynal left him since they thought that he was dead. Hearing the sound of the firing, Kanai’s brother came to the site and bound his right hand with a Gamsa (a thin cotton towel) and took him to Godai doctor for treatment. He testified that he recovered gradually and joined the Liberation War. He acknowledged giving an interview to the Investigating Officer. He testified that he knew Khokon, but he is not present at the dock.

Cross-Examination of PW-2

The state-appointed Defense counsel claimed that before the Liberation War, Khokon was the Ansar commander. The witness denied this. The Defense claimed that Aynal and Jafor were killed by freedom fighters, and the witness admitted this. The Defense claimed that Nazim Uddin Mollah, chairman of Madardia union, and Felu Fakir, chairman of Bollabdi union, were also killed by the freedom fighters, but the witness stated that he did not know about this claim. The Defense further stated that Khokon was not a Razakar, but the witness disagreed. The Defense claimed that Khokon was a freedom fighter and participated in the Liberation War under the leadership of Altaf commander while residing in the Porapara camp from 25 November 1971 to 16 December 1971 and the witness had given false testimony accusing Khokon. The witness replied that this is not true. The Defense claimed that Khokon did not set fire to the house of the witness, did not shoot him, did not kill any other person, and did not participate in the alleged looting in 1971. The witness denied all of these statements.

 

Iqram Mollah testified in support of charges 1 and 8.

Examination-in-Chief of PW-3

Iqram Mollah, Prosecution witness 3, testified that in 1971 he was 14 years old. He testified that on 27 April 1971 at 6 am, Khokon, Atahar, Jafor, Aynal and 20 to 25 others others attacked their village. He testified that they woke up upon hearing the firing. He testified that he looked through the window and recognized Khokon, Jafor, Aynal and Atahar; they told Iqram to came out from the house. When he came out, he was asked about the freedom fighters, and he told him that they are children and did not know about freedom fighters. They then looted the house of Hai Mollah and 6 others and set the houses on fire. He testified that they caught 19 people—including his uncle Barek Mollah, Yunus Mollah, Roton Mollah—and among them took 17 persons, including women, to the Nagarkanda police station and tortured them. He testified that they demanded 10,000 taka from the family members and after receiving the money, the 17 persons were released.

Iqram Mollah testified that on 29 May 1971, a fight took place at Chaderhat between Razakars and freedom fighters. In that fight 25 to 26 Pakistan Army members, Jafor and 3 civilians were killed. He testified that to take vengeance for the killing of his brother Jafor, Khokon, his accomplices, and Pakistani Army members attacked Bonogram on 31 May 1971 at 10 am. He testified that he saw Khokon and Aynal on their way and Iqram hid himself and came back to their village after hours and found their house burned. Iqram acknowledged giving an interview to the Investigating Officer and testified that Khokon is not present at the dock.

Cross-Examination of PW- 3

The state-appointed Defense counsel claimed that before the Liberation War, Khokon had been the Ansar commander. The witness denied this. The Defense then claimed that to take revenge for the killing of Pakistani Army members, the Pakistani Army attacked their village on 31 May 1971—not Khokon. The witness denied this. The Defense claimed that Khokon was not involved with the politics of Jamaat in 1971 and supported the Awami League in 1971 and then joined BNP with Obaidur Rahman. The witness denied this as well. The Defense added that Khokon was not involved with the killings, looting and arson attacks and that the witness gave false testimony accusing Khokon. The witness denied all of this.