13 Jan 2013: ICT 1Daily Summary – Golam Azam, Nizami, Sayedee

Today ICT 1 heard matters in the following cases:

  1. Chief Prosecutor vs Golam Azam– Application for Review (Accused Not Present)
  2. Chief Prosecutor vs. Motiur Rahman Nizami – Application for Review (Accused Not Present)
  3. Chief Prosecutor vs Delwar Hossain Sayedee – Application for Review, Contempt Proceedings, Prosecution Closing Arguments (Accused Present)

Defense counsel for  of Golam Azam, Nizami and Sayedee filed applications for Review of the January 3, 2013 order denying retrial. Senior Defense lawyer Razzaq requested that the tribunal halt proceedings until the Review applications have been addressed by the court. Prosecutor Haider Ali argued that the tribunal should reject the applications summarily.

The Chairman of Tribunal-1 stated that the trials would continue as the court considered the Review applications. Razzaq then argued that in the interest of justice the Tribunal should hear the Review application before hearing the summing up of arguments in Sayedee’s case. This request was rejected and the Prosecution began their closing arguments as scheduled for that case.

Sayedee
The Defense for Delwar Hossain Sayedee filed six additional applications:

  1. Application to Recall Prosecution Witness 28 and Defense Witness 13 under Rule 46A of the International Crimes Tribunal Rules of Procedure 2010 (the rule allows the Tribunal to make any order “necessary to meet the ends of justice or to prevent abuse of the process.”
  2.  Application to Issue Summons for persons related to the Witness Safe House
  3. Application to allow the Defense counsels to inspect all processes/summons issued to 19(2) witnesses (19(2) witnesses are those who made statements to the Investigating Officer but who could not be produced because of death, undue delay or great expense at the time of trial.)
  4.  Application to extend the time alotted to the Defence for its Closing Arguments
  5. Application for production of documents under Rule 40 of the Rules of Procedure 2010 (which allows the court to issue an order summoning a person, document, or thing)
  6. Application to allow Sayedee to explain the charges under 17(1) of the ICT Act 1973 (which provides that the accused shall have the right to give any explanation relevant to the charges made against him).

Contempt Proceedings Against ATN News and BTV
Today the tribunal issued an order in response to the application filed by the Defense on January 10, 2013, requesting contempt proceedings be brought against ATN News and BTV for broadcasting programmes which  allegedly prejudiced Sayedee’s case. The Tribunal ordered that the media entities refrain from broadcasting these programmes. The Tribunal stated in its order that Sayedee’s case is pending before the Tribunal and no one is entitled to make comments about a matter that is currently under consideration by the court.

Prosecution’s Resubmission of Closing Arguments
Today the Prosecution again began their Closing Arguments against Sayedee. The Prosecution previously submitted their Closing Arguments before the former Chairman of Tibunal-1 Justice Nizamul Huq Nasim.  However, subsequent to the former Chairman’s resignation the Defense requested a retrial. The Tribunal rejected that request but stated that it would rehear closing arguments from both parties because the bench had been reconstituted after arguments in the case had concluded. The prosecution is scheduled to sum up its case on the 13th and 14th, and the Defense is to conclude its case between the 15th and 17th of the month.

Prosecution Highlights Evidence Submitted in Support of 19 Charges
Sayedee was originally indicted on 20 Charges. Prosecutor Haider Ali said that among 20 charges, the prosecution is only pursuing 19 charges, droppint Charge No 20. The Prosecution had previously notified the court that they would not pursue this charge on November 15, 2012. Haider Ali submitted that in support of Charge No-20 they have only documentary evidence.

The Prosecution then submitted that in support of Charges 1,2,3,4 and 13, the tribunal had accepted statements taken by Investigation Officer as evidence under sec 19(2) of the ICT 1973. Haider Ali stated that no witness provided courtroom testimony before the Tribunal except Investigation Officer regarding these 5 charges.

Haider Ali noted that the Prosecution introduced 269 exhibits, 15 material exhibits and 2 large maps into evidence in support of the charges. Additionally 28 witnesses provided live courtroom testimony before the Tribunal and 16 witness statements were received as evidence. He submitted that the Defense Counsel was allowed to cross-examine the prosecution witnesses to their satisfaction.

The Prosecution then summarized the evidence presented supporting each of the charges:

Regarding Charges 1, 2 and 3, the Prosecution stated that the Investigation Officer (IO) exhibited the out-of-court statements of Ashish Kamur Mandal (EXT- 254), Sumoti Rani Mandal (EXT- 255), Shamar Mistri (EXT- 256) and Shursh Chandra Mandal (EXT- 257).

Regarding Charge No 4, the Investigation Officer (IO) exhibited the out-of-court statements of Shursh Chandra Mandal (EXT- 257). The prosecution further submitted that the Defense cross-examined the IO on August 5 and 6, 2012.

In support of Charge 5, the Prosecution submitted the Seizure List (EXT-9), Zimahnamma (EXT-10), the Daily Janakhantho dated 17 July 2010, and a video of Ekusher Chokh aired by Ekushey TV.  Prosecution witness 27, Shaif Hafizur Rahman, additionally gave testimony in support of Charge No 5.

In support of Charge 6 the Prosecution stated that ten witnesses gave testimony: Mahbubul Alam Hawladar (PW-1), Ruhul Amin Nobin (PW-2) Md. Mizanur  Rahman Talukdar (PW- 3), Sultan Ahmed Howladar (PW-4), Mahtab Uddin Hawladar (PW-5), Abdul Manik Pashari (PW-6), Mostafa Hawladar (PW-8) Altaf Hawladar (PW-9) MP Akma Awal (PW- 12) and Gouraga Chandra Shaha (PW-13. The Investigation Officer (IO) also exhibited the statements of Abdul Latif Hawlader (EXT- 258) and Aiub Ali Hawlader (EXT-262) and the Tribunal accepted these statements as evidence under section 19(2) of the ICT Act 1973.

In support of Charge 7, eight witnesses provided testimony: Mahbubul Alam Hawladar (PW-1), Mizanur  Rahman Talukdar (PW- 3), Sultan Ahmed Howladar (PW-4), Mahtab Uddin Hawladar (PW-5), Abdul Manik Pashari (PW-6), Mostafa Hawladar (PW-8) Altaf Hawladar (PW-9) MP Akma Awal (PW- 12) and Gouraga Chandra Shaha (PW-13).The  Investigation Officer (IO) also exhibited the statements of Abdul Latif Hawlader (EXT- 258), Aiub Ali Hawlader (EXT-262) and Shahidul Islam Khan Selim (EXT-261).

Regarding Charge 8, the Prosecution stated that it had produced 13 witnesses: Ruhul Amin Nobin (PW-2), Mizanur  Rahman Talukdar (PW- 3), Sultan Ahmed Howladar (PW-4), Mahtab Uddin Hawladar (PW-5), Abdul Manik Pashari (PW-6), Mofiz Uddin Pashari (PW-7), Mostafa Hawladar (PW-8) Altaf Hawladar (PW-9), Bashudev Mistri (PW-10), Abdul Jalil Sheikh (PW-11), MP Akma Awal (PW- 12) and Gouraga Chandra Shaha (PW-13). The Investigation Officer (IO) also exhibited the statements of Abdul Latif Hawlader (EXT- 258), Shahidul Islam Khan Selim (EXT-261), Aiub Ali Hawlader (EXT-262), Rani Begum (EXT-165), Setara Begum (EXT-266) and Mostafa (EXT-267).

For Charge 9, the Prosecution produced 7 witnesses: Mizanur  Rahman Talukdar (PW- 3), Sultan Ahmed Howladar (PW-4), Mahtab Uddin Hawladar (PW-5), Abdul Manik Pashari (PW-6), Altaf Hawladar (PW-9), MP Akma Awal (PW- 12) and Abdul Halim Babul (PW-14). The Investigation Officer (IO) also exhibited the statement of Shahidul Islam Khan Selim (EXT-261).

Charge 10 was supported by the testimony of 6 witnesses: Mahbubul Alam Hawladar (PW-1), Sultan Ahmed Howladar (PW-4), Mahtab Uddin Hawladar (PW-5), Altaf Hawladar (PW-9) MP Akma Awal (PW- 12) and Abdul Halim Babul (PW-14). The Investigation Officer (IO) also exhibited the statements of Abdul Latif Hawlader (EXT- 258), Anil Chandra Mandal (EXT-259), Sukhoranjan Bali (EXT-260) and Mukunda Chakraborthi (EXT-269).

Charge 11 was supported by the testimony of 3 witnesses: Mahbubul Alam Hawladar (PW-1), Sultan Ahmed Howladar (PW-4), and Mahtab Uddin Hawladar (PW-5).. The Prosecution also submitted a sketched map (EXT-42), index (EXT-43), Vhorer Kagoj dated 04 November, 2007, video and photographs regarding this charge.

Court adjourned at the end of the afternoon session. The Prosecution is scheduled to continue its submissions tomorrow.

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