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Delwar Hossain Sayeedi Gets Death Sentence

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Sayedee VerdictDelwar Hossain Sayeedi is convicted for crimes against humanity, including looting, killing, arson, rape and forcibly religious conversion during the liberation war in 1971 and awarded capital punishment today.
The International Crimes Tribunal (ICT)-1 led by Justice A T M Fazle Kabir passed the verdict Thursday (February 28).

Based on the alligation No 8 & 10 the ICT pronounce death sentence for Delwar Hossain Sayeedi.
The three-member tribunal said eight out of 20 charges Sayedee was facing were proved beyond doubt.
Chairman of the tribunal, Justice ATM Fazle Kabir, pronounced the verdict punishment.

Earlier on November 5, 2012, the prosecution started placing arguments against Sayedee and finished on November 15.
The first tribunal on December 6, 2012, had passed an order after the defence finished their arguments saying the final verdict will be given any day.
But after the much hyped Skype scandal, which prompted the then chairman of ICT-1 Justice Nizamul Huq to resign, Justice ATM Fazle Kabir took charge of the tribunal.
On January 3, after rejecting a defence petition seeking retrial, the tribunal said it would like to hear the arguments once again for the sake of justice.
And later on January 29, the legal proceeding against Delwar Hossain Sayedee had completed as the rehearing of arguments concluded and the prosecutor Haidar Ali sought capital punishment for Sayedee.


Charges Against Sayedee:

Charge No.1- That on 4th May, 1971 you as a member of a group of individuals as well as a member of peace (santi) committee gave secret information to the Pakistan Army in the morning about the gathering of some people behind the Madhya Masimpur bus stand and after their arrival you took them to the back Madhya Masimpur bus stand under Pirojpur Sadar Police Station and in a planned way you killed 20 unnamed civilian people by firing which is murder as crimes against humanity. Thus, you have committed the said crime of murder as crimes against
humanity punishable under section 3(2)(a) of the International Crimes (Tribunal) Act, 1973, hereinafter referred to as the Act.

Charge No.2:- That on 04.05.1971 in broad daylight, you alnong with your accomplices accompanied with Pakistani Army went to Masimpur Hindur Para under Pirozpur Sadar Police Station and by riding those houses of Hindu people looted their goods and destroyed their houses by setting fire. On being frightened while the unnamed civilian people started to flee away then you and your team members opened fire on them indiscriminately pursuant to pre-arranged plan and thereby killed 13(thirteen) civilians, namely Sarat Chandra Mondol, Bijoy Mistri, Opendranath, Jogendranath Mistri, Surendra Nath Mistri, Motilal Mistri, Jogeshwar Mondol, Suresh Mondol and 5 others unidentified civilian people with intent to destroy in whole or in part members of Hindu religious group which amounts to genocide. The act of looting goods and destroying houses by fire are considered as persecutions as crimes against humanity. Thus, you have committed the said crimes of genocide and persecution punishable under section 3(2)(c)(i) and 3(2)(a) of the Act.

Charge No. 3:- That on the same date on 04.05.1971 you led a team of Pakistani Army to Masimpur Hindu Para and looted goods from the houses of Monindra Nath Mistri and Suresh Chandra Mondol and completely destroyed their houses by setting fire. You also directly took part in causing large scale destruction by setting fire on the road side houses of villages namely Kalibari, Masimpur, Palpara, Sikarpur, Razarhat, Kukarpara, Dumur Tola, Kalamtola, Nawabpur, Alamkuthi, Dhukigathi, Parerha and Chinrakhali and these Acts are considered as persecution against civilian population on religious grounds. Thus, you have committed the said crimes of persecution punishable under
section 3(2)(a) of the Act.

Charge No. 4:- That on 4th May, 1971 you with your accomplices accompanied with Pakistani Army in a planned way surrounded the Hindu Para located in front of Dhopa Bari and behind the LGED Building under Pirozpur Sadar Police Station with intent to destroy the members of Hindu Community, opened fire indiscriminately on the unnamed Hindu civilians and thereby killed Debendra Nath Mondol, Jogendranath Mondol, Pulin Behari and Mukunda Bala by gun-shot with intent to destroy a religious group and such acts amount to genocide. Thus, you have committed the said crimes of genocide punishable under section 3(2)(c)(i) of the Act.

Charge No. 5:- That Mr. Saif Mizanur Rahman, the then Deputy Magistrate of Pirozpur Sub-Division (now District) organized Sarbo Dalio Sangram Parishad to inspire the people for participating in the War of Liberation. Knowing this fact, you declared publicity to arrest him for his pro-liberation activities. On 5th May, 1971 you along with your associate Monnaf (now deceased), the member of Peace (santi) Committee accompanied with some members of Pakistani Army riding on a Military Jeep went to Pirozpur Hispital at noon where Mr. Saif Mizanur Rahman
was into hiding. In order to execute the pre-arranged plan, one of you, identified him to the Pakistani Army who picked him up from the hospital to the bank of river Baleshwar. As a part of the plan on the same date and time, Mr. Foyezur Rahman Ahmed, Sub-Divisional Police officer, and Mr. Abdur Razzak(S.D.O. in charge of Pirojpur) were also arrested from their work place and taken to the bank of the said river. You as a member of the killer party were present there and all the three civilian government officers were gunned down and their dead bodies were thrown
into the river Boleshwar. You directly participated and abetted in the acts of abduction, and killing of those three officers, which is crimes against humanity and abatement of killing. Thus, you have committed the said crimes punishable under section 3(2)(a) and 3(2)(g) of the Act.

Charge No. 6:- That on 7th May, 1971 you led a team of Peace (Santi) Committee to receive Pakistani Army at Parerhat Bazar under Pirozpur Sadar Police Station, then you identified the houses and shops of the people belonging to Awami Legue, Hindu Community and supporters of the Liberation War. You as one of the
perpetrators raided those shops and houses and looted away valuable including 22 seers of gold and silver from the shop of Makhanlal Shaha. These acts are considered as crime of persecution on political and religious grounds as crimes against humanity. Thus, you have committed the said crimes of persecution punishable under
section 3(2)(a) of the Act.

Charge No. 7:- That on 8th May, 1971 at about 1.30 p.m. you led a team of armed accomplices accompanied with Pakistani Army raided the house of Shahidul Islam Selim, son of Nurul Islam Khan of village Baduria under Pirozpur Sadar Police Station and you identified Nurul Islam Khan as an Awami League leader and his son Shahidul Islam Selim a freedom-fighter, then you detained Nurul Islam Khan and handed over him to Pakistani Army who tortured him and after looting away goods from his house, you destroyed that house by setting fire. The act destruction
of the house by fire is considered as crime of persecution as crimes against humanity on political ground and you also abetted in the torture of Nurul Islam Khan by the Pakistani Army. Thus, you have committed the said crimes punishable under sections 3(2)(a) and 3(2)(g) of the Act.

Charge No. 8:- That on 8th May, 1971 at about 3.00 p.m. under your leadership you and your accomplices accompanied with Pakistani Army raided the house of Manik Posari of village-Chitholia under Pirozpur Sadar Police Station and caught his brother Mofizuddin and one Ibrahim @ Kutti therefrom. At your instance other accomplices after pouring kerosene oil on five houses, those were burnt to ashes causing a great havoc. On the way to Army Camp, you instigated Pakistani Army who killed Ibrahim @ Kutti by gun-shot and the dead body was dumped
near a bridge, then Mofiz was taken to army Camp and was tortured. Thereafter, you and others set fire on the houses of Hindu community at Parerhat Bandar causing huge devastations. The acts of looting goods and setting fire on dwelling houses are considered as persecution as crimes against humanity on religious ground. You directly participated in the occurrences of abduction, murder and persecution which are identified as crimes against humanity. Thus, you have committed the said crimes punishable under sections 3(2)(a) of the Act.

Charge No. 9:- That on 02.06.1971 at about 9.00 a.m. under your leadership with your armed associates accompanied with Pakistani Army raided the house of Abdul Halim Babul of village-Nolbunia under Indurkani Police Station and looted away valuables, then set the house on fire to ashes. The acts of burning house to ashes
and looting goods there from are considered as persecution as crimes against humanity. Thus, you have committed the said crimes punishable under sections 3(2)(a) of the Act.

Charge No. 10:- That on the same day i.e. 02.06.1971 at about 10.00 a.m. under your leadership with your armed associates accompanied with Pakistani Army raided the Hindu Para of village-Umedpur under Indurkani Police Station you burnt 25 houses including houses of Chitta Ranjan Talukder, Jahar Talukder, Horen Tagore Anil Mondol, Bisabali, Sukabali, Satish Bala and others. At one stage Bisabali was tied to a coconut tree and at your insistence Bisabali was shot to dead by your accomplice. The act of burning dwelling houses of unarmed civilians is
considered as persecution. You directly participated in the acts of burning houses and killing of Bisabali which is persecution and murder within the purview of crimes against humanity. Thus, you have committed the said crimes punishable under section 3(2)(a) of the Act.


Charge No. 11:- That on the same day i.e. on 02.06.1971, you led a team of Peace (shanti) Committee members accompanied with Pakistani occupied forces raided the houses of Mahbubul Alam Howlader (freedom-fighter) of village-Tengra Khali under Indurkani Police Station and you detained his elder brother Abdul Mazid Howlader and tortured him. Thereafter, you looted cash money, jewellery and other valuables from their houses and damaged the same. You directly participated in the acts of looting valuables and destroying houses which are considered as
persecution on political grounds, and also torture. Thus, you have committed the said crimes of torture and persecution punishable under sections 3(2)(a) of the Act.

Charge No. 12:- That during liberation war on one day a group of 15/20 armed accomplices under your leadership entered the Hindu Para of Parerhat Bazar under Pirozpur Sadar Police Station and captured 14 Hiddus namely Horolal Malakar, Aoro Kumer Mirza, Taronikanta Sikder, Nando Kumer Sikder and others, all were civilians and supporters of Bangladesh independence. You tied them with a single rope and dragged them to Pirozpur and handed over them to Pakistani Military where they were killed and bodies were thrown into the river. This act was directed against a civilian population with intent to destroy in whole or part of a religious group, which is genocide.
Thus, you have committed the said offence of genocide punishable under section 3(2)(c)(i) of the Act.

Charge No. 13:- That about 2/3 months after the start of the Liberation War, on one night under your leadership some members of Peace Committee accompanied with the Pakistani Army raided the house of Azhar Ali of village-Nalbunia under Pirozpur Sadar Police Station and then caught and tortured Azhar Ali and his son Shaheb Ali. Thereafter, you abducted Shaheb Ali and ultimately he was taken to Pirozpur and after killing him threw his dead body in the river. The acts of murder, torture, and abduction as crimes against humanity. Thus, you have committed the said crimes punishable under sections 3(2)(a) of the Act.

Charge No. 14:- That during the last part of the Liberation War, you led a team of Razakar Bahini consisting of 50 to 60, in the morning of the day of occurrence in a planned way you attacked Hindu Para of Hoglabunia under Pirozpur Sadar Police Station. On seeing them Hindu people managed to flee away but Shefali Gharami the wife of Modhu Sudhan Gharami could not flee away, then some members of Razakar Bahini entering into her room raped Shefali Gharami. Being the leader of the team you did not prevent them in committing rape upon her. Thereafter you and members of your team set-fire on the dwelling houses of the Hindu Para of village–Hoglabunia resulting complete destruction of houses of the Hindu civilians. The act of destruction of houses in the Hindu Para by burning in a large scale is considered a crime of persecution on religious ground and the act of raping both as crimes against humanity. Thus, you have committed the said crimes punishable under sections 3(2)(a) and 3(2)(g) and 3(2)(h) of the Act.

Charge No. 15:- That during the last part of liberation war, 1971 you led 15/20 armed Razakars under your leadership and entered into the village-Hoglabunia under Pirozpur Sadar Police Station, caught 10(ten) Hindu civilians namely Toroni Sikder, Nirmol Sikder, Shyamkanto Sikder, Banikanto Sikder, Horolal Sikder, Prokash Sikder and others. You then tied all of them with a single rope with intent to kill and dragged them to Pirozpur and handed over them to the Pakistani Army where they all were killed and the bodies were thrown in the river. This conduct
was directed against a population with intent to destroy a religious group which is genocide. Thus, you have committed an offence of genocide punishable under section 3(2)(c)(i) of the Act.

Charge No. 16:- That during the time of liberation war in 1971, you led a group of 10-12 armed Razakars and peace Committee members and surrounded the house of Gowranga Saha of Parerhat Bandor under Pirozpur Sadar Police Station Subsequently you and others abducted (i) Mohamaya (ii) Anno Rani (iii) Komol Rani the sisters of Gowranga Saha and handed over them to Pakistani Army Camp at Pirozpur where they were confined and raped for three days before release. You are directly involved in abetting the offence of abduction, confinement and rape as crimes against humanity. Thus, you have committed an offence of abduction, confinement and rape which are punishable under section 3(2)(a) and 3 (2)(g) of the Act.

Charge No. 17:- That during the time of liberation war in 1971, you along with other armed Razakars kept confined Bipod Shaha’s daughter Vanu Shaha at Bipod Shaha’s house at Parerhat under Pirozpur Sadar Police Station and regularly used to go there to rape her. This was committed by force or by threat and directed against a civilian population. Thus, you have committed an offence of rape under section 3(2)(a) of the Act.

Charge No. 18:- That during the liberation war, Vagirothi used to work in the camp of Pakistani Army. On one day, after a fight with the freedom fighters, and at the instance of you, said Bhagirothi was arrested on charge of passing information to the freedom fighters and was tortured and then after taking her to the bank of river Boleshwar she was killed and the dead body was thrown into the river. Thus, you have committed an offence of abetment of torture and murder under section 3(2)(a)(g) of the Act.

Charge No 19:-That during the period of Liberation War starting from 26.03.1971 to 16.12.1971 you being a member of Razakar Bahini, by exercising your influence over Hindu community of the then Pirozpur Subdivision (now Pirozpur District) converted the following Hindus to Muslims by force namely (1) Modhusudan Gharami (2) Kristo Saha (3) Dr. Gonesh Saha (4) Azit Kumar Sil, (5) Bipod Saha, (6) Narayan Saha, (7) Gowranga Pal, (8) Sunil Pal, (9) Narayan Pal, (10) Amullya Hawlader, (11) Hari Roy, (12) Santi Roy Guran, (13) Fakir Das and (14) Tona Das (15) Gouranga saha (16) his father Haridas (17) his mother and three sisters (18) Mahamaya,(19) Annorani and(20) Kamalrani and other 100/150 Hindus of village- Parerhat and other villages under Pirozpur Sadar Police Station and you also compelled them to go the mosque to say prayers. The act of compelling somebody to convert his own religious belief to another religion is considered as an inhuman act which are treated as crimes against humanity. Thus, you have committed the said crimes punishable under sections 3(2)(a) of the Act.

Charge No. 20:- That one day in the last part of November, 1971 you got the information that thousands of civilian people were fleeing to neighbour country India in order to save their lives. Then under your leadership a Razakar Bahini consisting of 10-12 armed forces, in a planned way, attacked the houses of Talukdar Bari in the village-Indurkani under Indurkani Police Station and detained total 85 persons and looted away goods therefrom. Then you dragged them to local Razakar camp. Except 10-12 persons, the rest of the persons were released on
taking bribe negotiated by Fazlul Huq a member of Razakar Bahini. Male persons were tortured and female persons including Dipali, daughter of Khagendra Nath Saha Talukder, Niva Rani, wife of Khagendra Nath Saha Talukder and Maya Rani daughter of Rajballav Saha and others were raped by Pakistani Army deployed in the camp. You directly participated in the acts of abduction, torture and abated the offence of rape which fall within the purview of the crimes against humanity. Thus, you have committed the said crimes punishable under section 3(2)(a) of the Act.


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