NOTE TO THE READER: Today opposition parties called a hartal (strike) for half the day. AIJI’s researcher was unable to attend the proceedings because of the strike. (transport to and from court becomes quite dangerous during such strikes) These notes regarding the proceedings for today were compiled through other persons present at the tribunal including the Defense team and journalist coverage. The prosecution team was also asked to verify their accuracy but did not respond before publication The WCSC has done its best to insure the neutrality of the notes from today but cannot guarantee their accuracy. Please bring any discrepancies to our attention.

The Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. Delwar Hossain Sayedee – Prosecution Closing Arguments
2. Chief Prosecutor vs. Sayedee, Golam Azam, and Nizami – Hearing of Application for Review of Order Denying Retrial

Due to the half day hartal a junior member for the Defense requested adjournment until 2pm. The Tribunal granted his request and convened for the afternoon session.

Chief Prosecutor vs. Sayedee, Golam Azam, and Nizami
Yesterday, January 15, 2013 the hearing of the Review application began in the cases of Sayedee, Golam Azam and Nizami. Defense counsel Abdur Razzaq completed his arguments on behalf of the Accused.

Today Haider Ali gave a reply on behalf of the prosecution. He raised an objection regarding the Defense referring to the Order rejecting the retrial application as a ‘impugned order’ in their petition. He submitted that the Defense’s challenge of the usage of  the term ‘alleged’ in reference to the skype conversations between the former chairman and Ziauddin was also objectionable. He submitted that as the Defense introduced the skype and e-mail communications, the burden was on them to prove their contents. He argued that the existence of the conversations is established but not their content.

Furthermore the Prosecution argued that the contents of the skype conversations are “unsafe” or unverifiable because they were outside the control of the creater and could have been altered. Therefore Haider Ali argued that the conversations have no probative value under section 19(1) of the ICT Act 1973. He said that all orders passed by the Tribunal while the former Chairman was a member were signed by two other members, therefore they could not be the product of bias. He stated that there was no allegation about bias concerning the Prosecution Witnesses and Defense Witnesses. He further submitted that the disclosure of the identity of the IT expert who provided information regarding hacking is not mandatory.

Defense Response
Defense counsel Tajul Islam replied on behalf of Golam Azam, Sayedee and Nizami. He argued that the alleged skype conversations revealed that the Trial process should be vitiated. He alleged that the earlier decisions of the Tribunal came from a third party (Ziauddin), not from the Tribunal itself. He submitted that none of the involved parties denied the alleged skype and e-mail communications. Tajul further argued that the admitted facts need not to be proven. He described the alleged skype and e-mail communications as relevant documents and “safe” and verified as no one raised questions about their genuineness. Thereafter, Tribunal fixed January 21, 2013 for passing its order on the review application.

Chief Prosecutor vs. Delwar Hossain Sayedee
On January 13, 2013, the Prosecution again began their Closing Arguments against Sayedee. The Prosecution had previously submitted their Closing Arguments, prior to the resignation of the former Chairman.

On January 13, 2013 Prosecutor Haider Ali presented his arguments in support of Charges 1 to 11. On January 16, 2013 he placed his arguments in support of Charges 12 to 16.

Haider Ali’s arguments continued to be a summary of the evidence supporting each of the charges.

Charge 12:
Under Charge 12 Sayedee is accused of committing genocide under section 3(2)(c)(i) of the ICT Act. According to the Charge Framing Order, Sayedee led a group of 15 to 20 armed accomplices and captured 14 Hindus with intent to destroy in whole or part a religious group and those who are supporters of independence. With this intent he allegedly delivered the victims to the Pakistani military who then murdered them.

The Prosecution submitted that three prosecution witnesses: Mahbubul Alam Hawlader (PW-1), Modhu Shudon Ghorami (PW-23), and MP Akma Awal (PW-12), gave testimony in support of this charge. Additionaly, the Investigation Officer exhibited a copy of Daily Vorer Kajoj dated 4 November 2007 and provided the out of court statements of Anil Chandra Mondol (EXT-259), and Usha Rani Malakar (EXT-263), who were unavailable to testify. The Tribunal accepted these statements as evidence under section 19(2) of the ICT Act.

Charge No 13:
Under Charge 13 Sayedee is accused of murder, torture and abduction as crimes against humanity punishable under sections 3(2)(a) of the ICT Act 1973. According to the Charge Framing Order, under the leadership of Sayedee members of the Peace (Santi) Committee accompanied the Pakistani Army on a raid of the house of Azhar Ali where they caught and tortured Azhar Ali and his son Saheb Ali. It is further alleged that Sayedee abducted Saheb Ali and killed him.

The Prosecution summarized the evidence in favor of this charge noting that the Investigation Officer exhibited the out of court statements of Rani Begum (EXT-265), Sitara Begum (EXT-266) and Mostafa (EXT-267) in support of this charge and that the Tribunal accepted these statements as evidence under section 19(2) of the ICT Act 1973.

Charge 14:

Under Charge 14 Sayedee is accused of the act of destruction of houses in the Hindu Para by arson, which is considered a crime of persecution on religious grounds; the act of rape, and persecution as crimes against humanity. All of these crimes are punishable under section 3(2)(a) and 3(2)(g) and 3(2)(h) of the ICT Act 1973. As specified in the Charge Framing Order, the Prosecution alleged that Sayedee led a team of Razakar Bahini and attacked the Hindu Para of Hoglabunia, set fire to the houses found there and  did not prevent other Razakar Bahini member from raping Shefali Gharami .

Modhu Sudon Ghorami (PW-23), Mahbub Alam Hawlader (PW-1), Mizanur Rahman Talukdar (PW-3), Sultan Ahmed Hawlader (PW-4), Mahtab Uddin Hawlader (PW-5), Altaf Hawlader (PW-9), MP Akma Awal (PW-12) gave testimony in support of this charge. Investigation Officer exhibited sketch map and Index as evidence.

Charge No 15:

Charged for committing the offence of genocide punishable under section 3(2)(c)(i) of the ICT Act 1973. Following the indictment Sayeede led 15 to 20 armed Razakar and entered into the Hoglabunia village and caught 10 Hindu civilian tied them in a single rope and handed over them to the Pakistani Army with intent to destroy a religious group, where they were killed.

Modhu Sudon Ghorami (PW-23), Mahbub Alam Hawlader (PW-1), Mizanur Rahman Talukdar (PW-3), Sultan Ahmed Hawlader (PW-4), Mahtab Uddin Hawlader (PW-5), Abdul Manik Pashari (PW-6), Altaf Hawlader (PW-9), MP Akma Awal (PW-12) gave testimony in support of this charge. Investigation Officer exhibited sketch map, Index, Daily Vorer Kajoj dated 04-11-2007 as evidence. Investigation Officer exhibited the statements of Anil Chandra Mondol (EXT-259) and Ajheet Kumar Sheel (EXT-264), Tribunal considered these statements as evidence under section 19(2) of the ICT Act 1973.

Charge No 16:

Charged for abetting the offence of abduction, confinement and rape which is considered as crimes against humanity punishable under section 3(2)(a) and 3(2)(g) of the ICT Act 1973. Following the indictment, Sayedee led a group of 10 to 12 armed Razakars and Peace Committee members and surrounded the house of Gowranga Saha and abducted Mohamaya, Anno Rani, Komol Rani sisters of Gowranga Saha and handed over them to Pakistani Army Camp where they were confined and raped for three days.

Gourango Chandra Shaha (PW-13), Mahbub Alam Hawlader (PW-1), Mizanur Rahman Talukdar (PW-3), Sultan Ahmed Hawlader (PW-4), Mahtab Uddin Hawlader (PW-5), Abdul Manik Pashari (PW-6), gave testimony in support of this charge. Investigation Officer exhibited Daily Vorer Kajoj dated 04-11-2007 as evidence. Investigation Officer exhibited the statements of Anil Chandra Mondol (EXT-259) and Ajheet Kumar Sheel (EXT-264), Tribunal considered these statements as evidence under section 19(2) of the ICT Act 1973.