Monthly Archives: January 2013

Abul Kalam Azad Guilty Verdict

Today Tribunal 2 issued the first verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Abul Kalam Azad, also known by his alias “Bacchu”, who has been tried in absentia.

The Tribunal found Kalam Azad GUILTY on 7 of 8 Charges. He was found NOT GUILTY of Charge 2. Six of the guilty verdicts were for crimes against humanity and one was for genocide. Referencing the gravity of the crimes of genocide and murder as a crime against humanity, the court sentenced Kalam Azad to death by hanging for Charges 3,4,6 and 7. For Charges 1,5,8 the Tribunal stated that Kalam Azad was deserving of imprisonment. However, because of the death sentence issued the Tribunal did not stipulate any further terms of imprisonment.

The pdf can be obtained by clicking here: Kalam Azad Judgment (Summary) 21.01.13

For further details continue reading… Continue reading

20 January 2013: ICT 1 Daily Summary

  1. Chief Prosecutor vs Salauddin Qader Chowdhury: Defense Application for Removal of Chief Prosecutor; Contempt Proceedings vs. Ziauddin (Accused Not Present)
  2. Chief Prosecutor vs Delwar Hossain Sayedee: Defense Resubmission of Closing Arguments (Accused Present)

The Tribunal passed and order in response to the two defense applications seeking the removal of prosecutor Zead al-Malum. They additionally took note of the request by Chowdhury’s Defense counsel for contempt proceedings against Ziauddin (in connection with the Skype controversy). In the Sayedee case the Defense counsel filed two applications for review of orders rejecting previous applications made regarding 1) opportunity to inspect process and summons orders made for witness statements made under section 19(2) – providing for out-of-court statements made to the Investigating Officer to be admitted into evidence without the live testimony of the witness, and 2) recall of two witnesses. The Defense also noted a lack of access to documents submitted by the Prosecution.Thereafter, Mizanul Islam Defence Counsel of Delwar Hossain Sayedee began placing Closing Arguments for that case.

The Tribunal said that Motiur Rahman Nizami and Salauddin Quader Chowdhury’s cases will be heard before the court on January 23, 2013.

Continue reading

21 Jan 2013: First Verdict Expected for Abul Kalam Azad “Bachu”

The Registrar of the International Crimes Tribunal, Mr AKM Nasiruddin Mahmud officially announced yesterday after ICT-2’s brief morning session that the Tribunal-2 has fixed Monday, 21.01.2013 to pronounce the verdict in the case of Abul Kalam Azad aka Bacchu Rajakar. This shall mark the maiden judgment in cases involving the trial of accused for their alleged crimes against humanity during the period of Bangladesh’s War of Liberation in 1971.

The Tribunal issued an arrest warrant against Abul Kalam Azad on 3 April 2012. On 2 September 2012, the Prosecution submitted formal charges against this former leader of Islami Chhatra Sangha, the then student wing of Jamaat-e-Islami, accusing him of 10 counts of Crimes against Humanity. Unlike the other senior members of his party now facing trial, Azad’s trial has been carried out in absentia. Azad absconded when allegations of war crimes were leveled against him. Accordingly, on 7 October 2012 the tribunal appointed Abdus Sukur Khan, an advocate of the Supreme Court to act as the state appointed defense counsel.

Continue reading

17 Jan 2013: ICT 1 Daily Summary – Sayedee Prosecution Closing Arguments

The Tribunal heard the following case:

Chief Prosecutor vs. Delwar Hossein Sayedee

On behalf of the Prosecution, Haider Ali submitted the Prosecution’s final arguments, addressing Charges 17-19.

Haider Ali began by reading out the  Daily Jonokontho dated 5 March 2001 (Ext-08) regarding incident at Sajuddin Poshari and the killing of Fayzur Rahman (charge 5) and Aziz; the looting of shops in Bipod Shaha, Modon Shaha and Makhon Shaha; and general allegations of looting, burning houses, torturing people, forced conversion of Hindus, and killing of Hindus. He read out Exhibit -48,  the Daily Azad , dated 3 February 1972 relating to Charge 18. He read out Exhibit-12, the Daily Shamakal, and  Exhibit-46, a newspaper dated 17 July 2010; as well as Exhibit  47 dated 14 April 2001.

He then focused on the individual charges and the prosecution’s evidence in support of each one. Continue reading

16 Jan 2013: ICT 1 Daily Summary – Sayedee and Golam Azam

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. Continue reading