Alhassanain(p) Network for Heritage and Islamic Thought

The Third News Conference

After a one hour break, the journalists and press correspondents as well as the media and TV representatives gathered for a Third news conference with the prosecution and defense teams. As usual, the hall was crowded with journalists and correspondents.

The defense representative entered while accompanied by two members of his defense team. Everyone was anxious as this was the first time that the defense attend a news conference after excusing themselves twice before. Some expected that they would also excuse themselves this time, but to everyone’s surprise the defense representative attended and the questions started trickling in.

Defense: Please…please…silence please so that we can answer your questions. Yes, go ahead (and he points to one of the correspondents).

Correspondent: How do you evaluate the court proceedings so far? And do you think that you are heading towards loosing the case?

Defense: Generally-speaking good, however I want to express our frustration due to the rejection of the Chief Justice to many of our motions and objections, with all due respect to his professionalism and expertise and his handling of the court proceedings.

I do think that the prosecution is given the opportunity to use some of the unauthentic events and statements to emotionally influence the judges and jurors in order to gain their sympathy and support. It was necessary for the judge not to allow him that. We have attempted numerous times to direct the attention of the Chief Justice to that by objecting again and again, but unfortunately these objections were overruled.

As for the claim that we are on our way to loose, I do not think that at all and I believe that the truth will impose itself at the end, and the judges and jurors will become convinced and will realize that the whole trial has no meaning or necessity.

Another correspondent: Do you really believe that the defendants are innocent? And do you think that the Chief Justice is biased against you?

Defense: Yes, we believe that the defendants are innocent from intentionally committing what happened. All of the events which took place was a result of the circumstances, confrontation, stubborn minds, and military mistakes in the battlefield. As for your question regarding the Chief Justice being biased, I don’t think that at all and he enjoys a high level of professionalism which we highly respect.

Another correspondent: The media is in consensus that the prosecution represented by the personality of the Prosecutor takes the focus and attention of the jurors. Do you agree with that? And if true, how will that affect your efforts in persuading the jurors to declare a “not guilty” verdict?

Defense Rep: No, I do not agree with that. I have full confidence that the respected judges and jurors are listening very well to both prosecution and defense teams. In the end, they’ll judge using their minds and conscience in evaluating what each team presents from reasonable evidences, away from any emotional issues or attempts to move their feelings. We will continue to focus only on the materialistic evidence in front of the respected judges and

jurors. The burden is on the prosecution to prove the charges against the defendants without reasonable doubts.

Correspondent: Sir, the evidence presented so far proves and incriminates the five defendants without any doubt and proves their participation and involvement in committing war crimes, mass murder, and crimes against humanity. So how will you face all these evidences in the courtroom?

Defense reply: I totally disagree because all of these evidences are not authenticated and are just historical narrations that are conflicting with each other. At least 50% of doubt is present and that is enough for a “not guilty” verdict! Even if that doubt reached only 1%, the jurors should still issue a “not guilty” verdict. We will try to clarify and prove this point in front of the jurors to convince them about the innocence of the defendants from the crimes and the grave charges which they are facing.

Correspondent: So far, how do you evaluate the idea of past historical trials, being that this trial is considered to be the first of these types of trials?

Defense: I regret to say that this experience is not encouraging as the job of prosecution and defense in these cases are very difficult. The further away in history the case is from the present time, the more challenging the mission due to lack of availability of evidence to incriminate or vindicate, and also due to the many doubts which accompany these evidences.

However, the idea that justice does not disintegrate with time is valid, and we support it 100%. Verily, supporting the oppressed is from the foundations of our religion. However, we believe that the Just God alone is the one who establishes justice since He is knowledgeable of the whole truth. There will be a day of Judgment in the Hereafter where Allah (SWT) will take the rights of every oppressed, and every oppressor will pay the price for his oppression and transgression. I will stop here…thank you.

(The defense team quickly leaves the hall and after about 10 min, the Prosecutor entered, accompanied by two of his team members and they were surrounded by journalists. He requested from them all to be seated and he took his place at the podium and said):

Prosecutor: Due to shortage of time, I’ll only take three questions and I apologize to all of you for that. Go ahead (and he points to one of the correspondents).

Correspondent: How do you respond to the accusation of the defense against you that you attempt to influence the jurors emotionally by presenting some of the details which are not authenticated, and that the Chief Justice allows you to do so?

Prosecutor: This is a totally false accusation; rather, the defense ignores the nature of the case which is 100% humanitarian and tragic! For that reason, we are in this trial and we place the defendants on trial for committing crimes against humanity and war crimes against civilians and children, as well as mass murder. In all of these crimes, you cannot separate the humanitarian aspect from the criminal aspect, for they are both two sides of one coin.

As for the claim that what we present is not confirmed or authenticated evidence, that is left for the respected judges and jurors to decide and thank God that this decision is not left for the defense. The jurors and judges are

the ones who will finally deliberate and decide if the events and evidences which we presented are enough to convict the defendants or not.

As for the Chief Justice of the court, he is surely distinguished by his great expertise and respected personality. Many times, he restricts us from saying what we want in front of the jurors. I believe that the defense also testified to the high proficiency, caliber, and impartiality of the Chief Justice.

News correspondent: How do you explain or justify the overturn of the people of Al-Kufa against the household of their prophet, even though the Kufans themselves were their supporters and followers? How did the matter change in that way while we have seen later their regret after they witnessed the captives and the women of the

Prophet’s household confined in chains, and they realized the evil that they have committed?

Prosecutor: There are many reasons for that; the most important are the following:

The high level of oppression and persecution which the authority of Ibn Ziyad practiced on the people of Al-Kufa. He targeted the leaders of the true (Shias) supporters of Al-Husayn (as). This was particularly true after his success in putting down the revolt of Muslim ibn ‘Aqeel and killing him. The people feared a lot from his tyranny and were forced to go out and fight against Al-Husayn (as) although most of them were reluctant.

The presence of hypocrites among the Kufans was a factor. They took part in the mischief against the government of Ameer Al Momineen ‘Ali ibn Abi Talib (as) and were the direct reason behind the widespread of the rebellion of Muawiya ibn Abi Sufyan against the legitimate leader and later, the tragic assignation of that legitimate leader (caliph), Imam ‘Ali (as). These hypocrites assisted Ibn Ziyad in getting rid of the true Shias / supporters of Al-Husayn (as), and they were the ones who directly coordinated and led the fighting and killing of Imam Al-Husayn (as).

The presence of Al-Khawarij (The Outlawed) in Al-Kufa as well as in the tribes surrounding it was another major factor. Those people harbored extreme animosity to the household of the Prophet (S) and the progeny of ‘Ali ibn Abi Talib (as) whom they considered to be the cause of their defeat in the Battle of Al-Nahrawan.

So they took this opportunity and saw in Karbala the place to take the revenge from the Alawi family, as it was the custom of the Arabs to take vengeance of previous losses. Shimr ibn Dhi Al Jawshan, the Fourth defendant, was among those Khawarij as well as Shebth ibn Reb’ey and Muhammad ibn Al Ash’ath and many others who directly participated in the killing of Al-Husayn (as) and his companions.

The widespread of extreme religious ignorance in the tribes and clans played a major role too.

The hostile propaganda against AhlulBayt (the household of the Prophet) which became widespread in the state all throughout the era of the caliphate of Muawiya ibn Abi Sufyan, which continued for about 20 years. This led to the appearance of a new generation of youth who has been raised on the hatred and animosity towards the family of the Prophet.

They were led to believe at a young age that the Prophet’s household were a source of mischief and so one must get rid of them in order to stabilize the state, and that this is a religious duty.

The presence of grudges and animosities in many of the tribes in Al-Kufa and its surrounding area towards Imam ‘Ali ibn Abi Talib (as) who killed many of their leaders, chiefs, and known warriors in the battles of Jamal, Siffeen, and Nahrawan in addition to the battles he fought beside the Prophet (S).

These tribes would seek vengeance and wait for the right opportunity to take revenge from the Household of Imam ‘Ali (as). The Caliph Yazid ibn Muawiya, the First defendant used to take pride in his poetry after Karbala that he took revenge for his infidels chiefs and ancestors who were killed by Muhammad (S) and ‘Ali (as) on the day of Badr.

Then we can very well imagine the feelings of these tribal members as many of their nobles and sons were killed by the hands of ‘Ali too. In fact, they were also Muslims who participated in Siffeen, Jamal, and Nahrawan against Imam ‘Ali (as)!

Correspondent: Do you have more incriminating evidence to present and when do you expect to conclude your case?!

Prosecutor: We are quickly approaching the end, but I cannot

give you an exact time because that depends on many factors which are not in our hands. For example, the defense response, the legal proceeding, and official holidays, etc. But I assure you that the end of the prosecution case is very near. Thank you all and see you next time God-willing. Salam to everyone. (He exits the hall and the audience begins to depart).

The Ninth Court Session

First Tragic Scene: “In Al-Kufa”

Chief Justice: Court is in session.

In regards to the defense’s motion to void this trial due to crossing of limits by the prosecution and its irreversible damage on the jurors, the court has rejected the motion for lack of any legal foundation or premise to accept it. I ask the Court Secretary to hand a copy of this court ruling to both defense and prosecution teams. Mr. Prosecutor, are you ready to present the rest of your evidence?

Prosecutor: Yes, your Honor.

Chief Justice: You may proceed.

Prosecutor: Respected judges and jurors, narrators relate that the Second defendant Ibn Ziyad took his seat in the Governor’s palace in AlKufa and that he placed the head of Al-Husayn (as) in front of him. Ibn Ziyad went on playing with a cane on the lips of the purified head of Al-Husayn, while saying:

“I have never seen such a pleasant face as his; surely he has a very nice mouth!”

Zayd ibn Arqam was present in this gathering and he was one of the Prophet’s companions. So he called out:

“Raise that cane away from these lips, for I swear by Allah whom there is no God except Him, I have seen many times the lips of the Messenger of Allah (S) kissing these two lips!” Then he wept loudly.

So Ibn Ziyad replied: “May Allah make your eyes weeps always! By Allah, if it was not that you’re an old man who is delirious and have lost your mind, I would’ve beheaded you!”

Ladies and gentlemen, take a look at this tyranny and transgression! The head of a martyr is placed in a public assembly in front of a ruler so that he can express his happiness and gloat over it, instead of burying it with respect as the laws of war dictate! Now is this considered to be a crime committed against humanity and a war crime or what?!

Where is the respect for the human body in its life or after its death? Furthermore, the Second defendant plays with the lips of the martyr’s head with a cane…now how ridiculous and undignified is that?! If this is not considered to be a crime against humanity, then what is it?! Is this also a mistake in the battlefield?!......

Furthermore, if one member of the audience objected to this barbaric act of Ibn Ziyad, he would be reprimanded and accused of hallucination, senility, and threatened with being killed! His old age and companionship to the Holy Prophet does not even excuse him from all that! What type of dictatorship, oppression, and injustice is that?!

This surely gives us an idea of the type of government which existed and how it terrorized people and would terrorize them any time they want, in the midst of absolute dictatorship that has no stop or limit!

Then the captives were finally given permission to enter the presence of Ibn Ziyad while he had the slaughtered head of Al-Husayn (as) placed in

front of him and he would intentionally strike the blessed head with his cane.

Ladies and gentlemen, now imagine this harshness in treatment! The women and children would enter who include the sisters, wives, and daughters of Al-Husayn (as)! We can very well imagine their feelings as they witness the head of Al-Husayn (as) placed on a dish in front of the Second defendant as he happily entertains himself with it!

Among these women were female children, so how can a person turn into a beast in such manner?! Even beasts don’t act that way! Isn’t this a crime committed against humanity?

The sister of Al-Husayn (as), Zainab bint ‘Ali (as) who was in veil moved aside from other women, so Ibn Ziyad said, “Who is that women sitting over there?!” She did not respond to him.

He was told that she is Zainab the daughter of Ameer Al Momineen ‘Ali ibn Abi Talib (as), so he directed his words to her out of rejoice to what befell them. He said: “Praise be to Allah who disgraced and killed you and revealed your false sayings!”

So Zaynab (sa)1 responded: “Praise be to Allah who honored us with His Prophet Muhammad (S) and purified us from sins by His Book. Surely, the one who is disgraced is certainly the corrupt one, and the one who lies is the lewd (fajer); and such person is not of us! Praise be to Allah.”

Ibn Ziyad (as) rudely answered: “How did you find the way which Allah treated your brother and your household?”

So Zaynab (sa) with a tone of full pride and power said: “I saw nothing but beauty! Those were people whom killing has been written down upon them so they rushed towards their graves with honor. But know that Allah will summon you and them, and all will be tried by Allah and everyone will be asked to present his argument, defense, and proof. So be worried about the winner on that day! Oh son of Marjanah, may your mother be mournful for you!”

Ubaidullah ibn Ziyad became so outraged by her words in front of his people that he decided to kill Lady Zaynab (sa). But Amr ibn Hurayth said to him, “She is a woman, and one cannot take women’s talk too seriously.”

So Ibn Ziyad turned to her and retorted: “Oh Zainab! Allah has made my heart cured by getting rid of your transgressor Al-Husayn and the disobedient rebels from your household!”

Zaynab (sa) then replied back: “By my life, you have killed my protector, severed my stem, and up-rooted my origin. If that was your cure, then you are cured!”

Now is that dialogue between a ruler and a heart-broken lady whom he killed her brothers and family members…considered to be gallantry and chivalry? Is this behavior of gloating and rejoicing over misfortunes considered to be good treatment of captives? Does that behavior even agree with the Arab customs during the time of ignorance?!

Does it fit well with the teachings of Islam? Isn’t the maltreatment of captives in such manner and their humiliation in front of the people considered to be a war crime and a clear violation of human rights, according to any human law and standard?!

Then Ibn Ziyad, the Second defendant turned to ‘Ali ibn Al Al-Husayn (as) and asked him, “Who are you?”

So he answered, “I am ‘Ali ibn Al-Husayn.” Ibn Ziyad then asked,

“Didn’t Allah kill ‘Ali ibn Al-Husayn?”

So ‘Ali ibn Al-Husayn (as) replied, “I had a brother called ‘Ali and the people have killed him.”

So Ibn Ziyad snapped back, “No, but Allah has killed him!”

‘Ali ibn Al-Husayn (as) then said, “Allah collects back souls when its due time comes, and a soul will never die except by Allah’s command. It is a timed book.”

So Ibn Ziyad replied, “By Allah, you are one of them! Look at him and see if he has reached puberty!” They answered yes so he said, “Kill him!”

‘Ali ibn Al-Husayn (as) then asked, “So who will look after these women and guard them?”

Here, Zainab bint ‘Ali (as) held on to her nephew and said, “Oh son of Ziyad! Are you not satisfied from shedding our blood? By Allah I ask you Oh Ibn Ziyad that if you kill him, kill me along with him!”

So ‘Ali ibn Al Al-Husayn (as) turned to her and said, “Oh Aunt! Keep quiet so that I talk to him.”

Then he directed his words to Ibn Ziyad and said, “Oh son of Ziyad! Are you threatening to kill me? Don’t you know that being killed is our way of life, and martyrdom is our honor from Allah?!”

So Ibn Ziyad looked at both of them and said, “Let him go for her sake. I wonder on the kin relation…she wants to get killed along with him! Get them out of here!”

Is there any proof greater than that of the crime of maltreatment of war captives which is a war crime? I leave the judgment on that for you, dear judges and jurors.

And now, your Honor, allow me to present two events in front of the judges and jurors; the First one is a clear proof which incriminates the Second defendant as a war criminal who committed crimes against humanity.

The Second one clarifies the type and form of the government of Ibn Ziyad in Al-Kufa and his practice; this will give the judges and jurors a closer look at the nature of the personality of the Second defendant which may help them in deciding their verdict.

Defense: Objection your Honor! We must first know the nature of these two events before presenting them to the jurors, as the court regulations dictates, and that has been agreed upon before the trial proceedings to avoid surprises from both sides.

Chief Justice: Mr. Prosecutor, can you postpone the presentation of these two events to the court until you show them to the defense team first so that they are aware of it.

Prosecutor: Your Honor, postponing will interrupt the sequence of evidence presented and I insist on presenting these two events in this session.

Chief Justice: Ok, then the court will take a recess and the three of us meet along with the Court Secretary in my office so that the prosecution

may present the content of these events to the defense before presenting it to the jurors. Do you agree with that?

Prosecutor: Yes, we accept your Honor, thank you.

Defense: We accept that your Honor, thank you.

Chief Justice: So, the Court will then take a 45 minutes recess and the defense and prosecution representatives may come to my office along with the court secretary to discuss this matter. Court is dismissed.

Second Tragic Scene: “New Heinous Crimes”

Chief Justice: Court is in order now after the recess. Defense representation, based on the understanding between you and the prosecution during the recess, do you agree that the prosecution present the two events which he referred to before the break?

Defense: Yes, your honor, and we reserve our right to respond to all what the prosecution will present in this aspect.

Chief Justice: Ok then Mr. Prosecutor, you may continue and present the events to the judges and jurors.

Prosecution: Thank you your Honor and thank you Defense representative. Respected judges and jurors…the first event took place during the attack of Ibn Sa’d’s army on the tents of Al-Husayn (as) after his martyrdom and the terrorism which happened to the women and children, and the fire that was set on the tents.

In the midst of this dramatic scene, two boys from the children of Muslim ibn Aqeel, Ibrahim and Muhammad escaped. These two children escaped out of fear from the fire and they wandered in the desert till they got lost, and then after awhile they reached Al-Kufa. So Ibn Ziyad issued his order to arrest and imprison both of them!

Ladies and gentlemen, imagine two young kids who did not even reach twelve years of age are being punished for no crime or sin except that they escaped from being killed in the land of Karbala! They are thrown in the prison of Ibn Ziyad awaiting his orders of execution, so that he gets rid of all the members of the Hashemite prophetic family!

Now, is there a crime of mass murder and genocide similar to this?!

However, when the prison guard witnessed the righteousness of these angelic boys, his heart softened. And when he learned that they are cousins in relation to the Holy Prophet (S), he decided to help them escape. When Ibn Ziyad found out that the boys had escaped, he became very angry and announced a monetary reward for anyone who brings them to him or brings their heads.

When the two boys fled, a woman saw them and sympathized with them. When she learned of their relation to the Holy Prophet (S) and the story of their escape, she decided to take them as guests that night in her house, even though her husband was a soldier in the army of Ibn Ziyad. When the husband returned back home in the night and discovered these boys in his house, he became greedy for the reward and decided to arrest these two children.

He killed them and took their heads to Ibn Ziyad so that he can claim his prize. But instead of rewarding him, Ibn Ziyad ordered to behead him in the

same place where the two boys got killed, and that is the revenge of Allah (SWT) for the oppressed!

Here, I direct the charge in the name of all humanity against the Second defendant for directly causing the death of these two innocent young boys: first, when he caused the setting of fire in their tents and terrorized them by his army; second, when he ordered to imprison them, and third, when he ordered to arrest them after their escape and offered monetary award to anyone who brings them or their heads to him.

He is truly the real killer and the cause of this tragedy of killing children who did not commit any sin or crime! This is in itself a war crime and a crime against humanity that has no similarity!!

As for the Second event, we present it to you to give you an idea of how the Second defendant oppressively ruled Al-Kufa, and to take a look at his cold-blooded nature which always imposed itself which will help you a lot in issuing your final verdict. This event is the killing and martyrdom of Abdullah ibn ‘Afeef Al Azdi. The events of this incident started after Ibn Ziyad finished parading the captives and expressing rejoicing over the loss of their loved ones, as we saw before. After that, the caller of Ibn Ziyad called out to the people to gather inside the grand mosque. The people gathered and Ibn Ziyad stood at the pulpit of the mosque and said: “Praise is to Allah who uncovered the truth and its owners, and gave victory to Ameer Al Momineen Yazid and his party, and killed the liar son of the liar Al-Husayn ibn ‘Ali and his followers!”

So Abdullah ibn Afeef Al Azdi jumped up to him, and he was one of the leaders of the Shias and the best among them. His left eye had gone in the Battle of Al Jamal (Camel), and the other one lost in the Battle of Siffeen, and he used to always pray and worship in the masjid. He jumped up and said:

“Oh son of Murjana! The liar son of the liar is you and your father and he who appointed you and his father! Oh enemy of Allah and His Messenger! Do you kill the sons of the Prophets yet give such talk on the pulpits of the Muslims?!!

Ibn Ziyad became outraged and asked: “Who is talking?”

Ibn ‘Afeef answered: “I am the one speaking Oh enemy of Allah! You have killed the purified progeny whom Allah (SWT) has purified as He (SWT) cited in the Holy Quran, while you claim that you belong to the Islamic religion?! May God help us! Where are the sons of the Muhajireen and the Ansaar so that they take revenge from your transgressor boss, the cursed one, son of the cursed one, in the words of the Messenger of Allah!”

So the anger of Ibn Ziyad the Second defendant, increased and he yelled: “Bring him to me!”

So his rude men hastened to take Ibn ‘Afeef, but the members of his tribe Al Uzd jumped to his rescue and escorted him to his home.

This bothered Ibn Ziyad very much and he sent a military force to arrest the old man who has lost his vision, Ibn ‘Afeef from his house, only because he opposed him during his speech! Now, is there a dictatorship regime harsher than this?! Finally after a tough fight, Ibn Afeef was arrested and taken to the Second defendant and I would’ve liked to present to you the

conversation which took place between Ibn Afeef and Ibn Ziyad. But the defense objected to that and we accepted their objection in exchange for relaying the story to you. In short, the Second defendant ordered to behead Ibn Afeef, so he was executed and his body was crucified!

Ladies and gentlemen, imagine the execution of an old man who has lost both his eyes for no reason except that he dared to argue with the ruler of Al-Kufa, Ibn Ziyad! No matter what he said, still he did not commit a crime that deserves for him to be killed and executed! Ladies and gentlemen, what did this elderly worshipper do except that he expressed his opinion?

Is the expression of opinion considered to be a crime that deserves execution?! This incident surely gives you an idea of the type of government run by Ibn Ziyad and his inhumane characteristics that he possesses. Once again, I leave the judgment of this case to you after what you have heard.

Both these events are mentioned in “Maqtal Al-Husayn Lil Khwarizmi” and many other sources too.

We now return to continue presenting the incriminating evidences. Ibn Ziyad sent a messenger to his master, the First defendant Yazid in Damascus giving him the glad tidings of obeying his orders in killing Al-Husayn (as) and getting rid of all his sons, family members, and companions, and informing him of the captives and the heads whom he had waiting his orders regarding them. Ibn Ziyad, the Second defendant wrote a note which he tied to a rock and threw it at the prison which the captives of the family of the Prophet (S) were confined in. In this letter he wrote the following:

“A letter has been sent to Yazid regarding your matter on such and such date and will arrive on such day. So when you hear the call of Takbeer, so give your final will (Wasiyah), otherwise you will survive.”

The reply came from Al-Sham ordering to send the captives from the household of the Prophet (S) with the heads of the martyrs from Al-Kufa to Damascus. So the Second defendant Ibn Ziyad called Zohr ibn Qais Al Jo’afi and presented him the head of Al-Husayn as well as the heads of the martyrs. He called for ‘Ali ibn Al-Husayn (as) and marched him and his aunts, sisters, and the wives of his father to Yazid while his hands and neck was confined in chains.

Accompanying them were a group of men from Al-Kufa including the Fourth defendant Shimr who often maltreated the captives. He ordered them to parade the captives in this humiliating state while they ride on camels without saddles across the cities from Al-Kufa all the way to Damascus, and to rejoice out of happiness on the afflictions that happened to the family of the Prophet (S)! The captives were paraded in the worst of conditions just like the enemies of Islam were paraded!

Isn’t that considered to be maltreatment of captives and therefore a war crime in which each of the First, Second, and Third defendants are responsible of? Now, what was the motivation behind the orders issued by the First defendant the Caliph of the Islamic state, in the name of Islam, to send the captives, who include women and children along with the heads of the martyrs to him in Syria?

What was the motivation behind him forcing them on this long and tough journey in the midst of the barren and blazing desert? Is that also an action approved by Islam?! And is that from the Islamic teachings which the First defendant follows and acts upon, as the defense claims? Is that how he tries to maintain the unity and security of the Islamic state?!

Furthermore, when he made that decision, was there a battleground or fighting going on such that this order was also a mistake committed by military commanders and due to the rush of soldiers as the defense claims? Or was the whole matter a pre-planned conspiracy arranged carefully and perfectly from the beginning to the end?

As for the orders issued to send the women and children captives in this harsh journey, wasn’t it a cheap demonstration to show the victory of the Caliph and to spread terror among the people for all those who even entertain the idea of objecting to the new ruler, for this will be the consequences! Indeed, whoever treated the family of the Prophet (S) in such manner and did not care, can surely do more than that with any other person.

Furthermore, Al-Husayn (as) is the grandson of the Holy Messenger and the Chief of Bani Hashim, the Leader of the Alawi family, the inheritor of his great ancestors, the true Imam of the Islamic nation without question, and their best and most knowledgeable without question…yet his body was trampled over and stampeded in this barbaric manner while his head is raised above on the spear and paraded in the cities! After that, is there any value left for any other head in the whole nation who dares to object or oppose the new caliph?!

Surely, it was a bloody propaganda procession that was intentionally carried out in order to demonstrate the extent of violence and harshness against any opposition to the new regime. As for the Islamic religion in which the Caliph was ruling under its name, it has no value in his eyes! So, where is the proof to the defense claims?

There is no dispute whatsoever that this order was issued by the First defendant (as it has been narrated in all of the Muslim books) and was carried out by the Second defendant with all the wickedness which stands as a proof of the war crimes and the crimes that were committed against humanity. It is a key point in our case which removes any doubt in incriminating each of the first two defendants in all of their charges.

I request that you study this order well when you deliberate in this case. You can very well imagine the captive women and children being paraded from one city to another in a humiliating and degrading caravan and celebrations rejoicing what happened to the family of the Prophet (S), gatherings which curses and offends them while the heads of their fathers, brothers, husbands, and sons were raised on spears in front of them!

What harshness is that which humanity never ever saw its similarity throughout all of history since mankind originated in this world?! I challenge any person to present me a case that is harsher than that!!

We should lift your attention here that the Fourth defendant Al-Shimr was among those who were chosen to accompany the captives in that horrible and painful journey. He himself coordinated the humiliation of the captives and struck the women and children with his whip. He would order

for harsher treatment and stricter surveillance on them and that was out of his own initiative.

This proves the charge of maltreatment of captives on him and it is a big war crime! What he committed is without a doubt a crime against humanity! Its victims were women, children, and a sick helpless person who was confined in chains with no power or strength. What type of humanity and heart does the Fourth defendant possess?!

Chief Justice: We will stop here and the defense should be prepared next court session for rebuttal of the evidence which the prosecution presented so far. Court is dismissed and will resume next Thursday at 10AM. Thank you.

Note

1. (sa) = Peace and prayers be upon her.

The Fourth News Conference

As usual, after an hour the journalists and correspondents were called to participate in a combined news conference for both the prosecution and defense teams. At the specified time, the representatives of the prosecution and defense teams each stood in front of a special podium in preparation to receive questions from the journalists and correspondents. A signal was given to start the questioning:

Correspondent: My question is to the defense. What are you preparing for rebuttal in the next court session in response to the evidences which the prosecution presented?

Defense: You can wait till Thursday comes when the next court session is held and you will hear our responses and I promise you a surprise soon God-willing!

Correspondent: Question to Mr. Prosecutor. Do you have new surprises too for the court trial?

Prosecution: Very sad surprises, unfortunately they are far away from humanity. All of them are episodes that are part of a countless series of crimes, pain, tears, and grief…

Journalist: My question is directed to both the prosecution and defense. How does the high number of jurors which is about 100, in addition to 12 judges who will all participate in voting for or against conviction…how will that affect your mission? There was never such great number in any court trial in the past. So how does this number affect your work and your ability to present your evidence in front of such great crowd?

Prosecutor: Without a doubt, this makes the job tougher especially for the prosecution team. As a matter of fact, I believe that this great number is in favor of the defense team and increases their hopes for division and difference in opinion since conviction requires a unanimous vote from all jurors and judges. So it is easy for the defense team to bring division by convincing only one person to impede a guilty verdict.

As for us, it makes our mission much harder. It is certainly a greater challenge to explain the details and present the evidence in front of 112 persons and to keep their focus and attention, each and every one of them throughout the long court trial sessions. We pray that Allah (SWT) gives us success in this mission because it is not easy at all.

Defense: I disagree with Mr. Prosecutor. The high number of jurors makes our job also difficult, especially considering the manner in which the prosecution tries to affect the emotions and feelings of the jurors. These emotions spread quickly among the jurors and their big number is advantageous in that regard. Dealing with that is difficult; however, we are trying our best to clarify the truth to them and to remove the emotional influence on them which accompanies this tragedy.

Correspondent: My question is for Mr. Prosecutor. How do you explain the celebrations of joy in all the cities which the caravan of captives passed by until it reached Damascus? And what is the reason for these celebrations?

Prosecution: There are three main reasons: ignorance, propaganda, and the political authority. There was a general ignorance with what happened in Karbala, the identity of the victims, and the reasons which led to its

occurrence. Then there was the Umayyad propaganda which depicted the captives as Khawarij / outlawed ones who rose against the legitimate Caliph. They gave the impression that the members of the Ahlul Bayt (as) [family of the Prophet (S)] are callers of mischief (fitna) and rebellion against the legitimate government.

Furthermore, the political authority issued direct orders to organize these celebrations and processions in every city and village in order to give the false impression that the whole nation supports the First defendant Yazid in what he committed against Al-Husayn (as) and his purified prophetic family.

This is typically practiced by any oppressive regime by initiating rallies and processions supporting it to give a false impression that the people are supporting that regime until today.

Another correspondent: Question to the defense. Sir, do you agree with me that your job is very difficult and maybe even impossible in defending the defendants, especially the First and Second defendant as the evidence against them is overwhelming and cannot be refuted? How do you deal with this tough and challenging mission?

Defense: We are convinced of the innocence of the defendants, and this belief is what facilitates our mission, and we are confident that we can explain the essence of this case to the jurors. Those whom the prosecution calls as defendants are in reality from ‘Al-Salaf Al-Saleh’ (the righteous ancestors) and from the true believers who abide by the limits of Islam.

We will never accept their incrimination or any offense against them and our job is to clarify that to everyone in the courtroom and in the world. As much as we regret what happened to the family of the Holy Prophet (S) in Karbala, but what happened was only due to bad luck, poor judgment, and misunderstanding which the enemies of Islam contributed to.

Correspondent: My question is to the Defense lawyer. Sir, I am a Sunni Muslim and I don’t understand your statement that the defendants are from Al-Salaf Al-Saleh. They are surely not from the ‘companions’. Also, not everyone who is from Al-Salaf (ancestors) is righteous or sanctified. So how do you ignore all these historical facts which were presented in the court and are cited the Islamic history books and which the Sunni world is considerably ignorant of?!

Yet you insist that the defendants are innocent?! If you continue to be stubborn on your position, then you are surely loosing track of this case to the benefit of the prosecution! So what do you say about that?

Defense: Wait and you will see who will be victorious, for I am certain that we are on our way to victory! We do not claim that Al Salaf (ancestors) are the ‘companions’ of the Prophet or that they are infallible. However, we say that they are religious people even if some of them made a mistake, but it was not done intentionally.

Verily, no one is perfect and what happened in Karbala was due to mistakes and poor judgment from all, which led to that bloody scene. But it was not deliberate and so there was no crime committed nor do they deserve to stand as defendants! Nonetheless, mistakes did happen and those people

with evil intentions took advantage of these mistakes to spark fire of war, mischief, and bloodshed which is to the benefit of the enemies of Islam.

Prosecutor: Allow me to say: leave this matter for the judges and jurors to make their judgment. Will they really accept this argument from the defense and ignore all the proofs, letters, and correspondences presented at court which clearly indicate a premeditated conspiracy to commit the crimes, or rather, the massacre in Karbala?! Here, I do not want to engage in a debate with the defense team outside the courtroom, but I only intend to leave this matter for the judges and jurors to decide.

Correspondent: My question is to Mr. Prosecutor. Sir, I agree with you totally regarding what you said in the courtroom about the order of the First defendant Yazid to send the women and children captives along with the severed heads of the martyrs to him in Damascus. This deed has no like in the history of humanity even with the most worst of criminals in history! But the question is: how did the nation accept that and how come they did not take a position against Yazid?

Also, what was the position of the rest of the companions of the prophet who were alive at the time? Why do we not see the majority of the Muslims today condemning Yazid for that decision?

Prosecution: Sir, that is due to oppression and the ruling authority which implements the policy of “the Ironed Fist” .Verily, all those who oppose or object will be prone to the wrath of the Caliph. And so any opponent would be killed, or persecuted, or denied his grants from the treasury house. Or his property would be confiscated or he would be assassinated.

This was the policy of Yazid’s government which was similar to the government of his father before him, but with higher degree of aggression, less clemency, and recklessness that has no limit. Many of the companions of the Prophet objected to the actions of Yazid, but it was a weak objection due to fear of aggression from the tyrant, especially after what he did with Al-Husayn (as) and the household of the Prophet (S).

As to the last part of your question, the Defense representative answered you when he stated that they consider them to be from Al Salaf Al Saleh (the righteous ancestors), and some of them even consider the First defendant to be from the companions of the Prophet!!

So how can they condemn him in anything when they have given him a guaranteed pass of innocence in advance from committing any crime or sin?! I will stop here since we have a lot of work ahead of us and I don’t know if Mr. Defense representative would like to continue or not?

Defense: I agree with you, my colleague, we’ll stop here and thank you all.

Wasalamu alaikum wa rahmatullah wa barakatuh…

(Everyone departs the conference hall while side conversations and discussions were taking place among the attendees).