Monthly Archives: February 2013

13 Feb 2013: ICT-1 Daily Summary – Gholam Azam Failure to Produce DW 2, Nizami Absence of Defense Counsel

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Gholam Azam – examination of defense witness 2 (Accused not Present)
  2. Chief Prosecutor vs Motiur Rahman Nizami – inability of defense to attend due to violence (Accused Not Present)

The Tribunal was scheduled to hear the examination of Defense witness 2 in the Gholam Azam case. However, the Defense was unable to produce the witness and claimed that the witness had a fever and another witness had been detained in a separate case. The Defense requested adjournment.

The Tribunal was also scheduled to hear matters in the Nizami case. However, due to ongoing violence in Dhaka, senior Defense counsel Mizanul Islam was unable to reach the Tribunal. The Defense requested adjournment for the day.

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13 Feb 2013: ICT-2 Daily Summary – Alim cross-examination of PW 10, Kamaruzzaman Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim: Cross-examination of Prosecution Witness (Accused Present)
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Hearing of applications  (Accused Present)

The court started the day’s proceedings with Mr Abdul Alim’s case wherein the prosecution witness PW-10, Mr Abu Sayeed Joarder was cross-examined by the Defense counsel Ahsanul Huq Hena. He previously testified in support of Charge-11 – murder as a crime against humanity in relation to allegedly directing an attack on the civilian population. The Defense counsel’s line of questioning aimed to undermine the reliability and credibility of the witness’s testimony.

The court then moved to the case against Muhammad Kamaruzzaman and heard two separate applications regarding access to documents. Thereafter the proceedings were adjourned due to the Defense counsel’s inability to reach the Tribunal because of ongoing violence in Dhaka.

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12 Feb 2013: ICT-1 Daily Summary – Chowdhury Direct and Cross-Examination of PW 19

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mobarak Hossain: Report on Investigation and Date for Submission of Formal Charges (Accused Present)
  2. Chief Prosecutor vs Abdus Sobhan  (Accused Not Present)
  3. Chief Prosecutor vs Salauddin Quader Chowdhury (Accused Present)

The Prosecution requested an additional seven days before submitting their Formal Charge against Mubarak Hossain. The Tribunal allowed their prayer and fixed February 25, 2013 for submitting the Formal Charge and extended the bail period till February 25, 2013.

On February 11, 2013 Tribunal heard an application filed by Abdur Razzaq requesting that law enforcement cease harassing Motiur Rahman Akond, Defense Counsel for Abdus Sobhan. Today the Tribunal passed an order directing the law enforcement agencies not to harass Motiur Rahman Akond.

Today, Wahidul Alam Junu, prosecution witness 19 in the Salauddin Quader Chowdhury case, concluded placing his testimony and Defense counsel Ahsanul Huq Hena concluded his cross-examination. Thereafter, Tribunal adjourned the proceedings till February 14, 2013.   Continue reading →

12 Feb 2013: ICT-2 Daily Summary – Mujahid cross-examination of PW 1, Kamaruzzaman cross-examination of PW 18

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Cross-examination of Prosecution Witness (Accused Present)
  2. Chief Prosecutor vs. Abdul Alim: Cross-examination of Prosecution Witness (Accused Present)
  3. Chief Prosecutor vs. Muhammad Kamaruzzaman: Cross-examination of Prosecution Witness  (Accused Present)

In the Mujahid case, Mr Shahriar Kabir, Prosecution Witness-1, was cross-examined by the senior Defense counsel Mizanul Islam. Kabir is the author of a book on liberation war titled “Ekatturer Ghatok o Dalal ra Ke Kothay” (Where are the collaborators and miscreants of 71), a book referred to by many other Prosecution witnesses and heavily relied upon by the Prosecution. He has been questioned about the documents he gave to the Investigation Officer and its source and authenticity. He was further asked about the formation “Gono-todonto Commission” (Public Enquiry Commission) on 26th March and the research and investigation procedure maintained in the publication of its reports.

Following Mujahid’s case, the court moved to Muhammad Kamaruzzaman’s case wherein Mr Abdur Razzaq, the Investigation Officer of the case and PW-18 was cross-examined by Defense counsel Mr Kaful Uddin Chowdhury. The Defense’s main line of questioning was aimed at attacking the reliability of various prosecution documents collected and compiled by the witness.

The cross-examination of the prosecution witness in the Alim case was delayed until tomorrow.

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11 Feb 2013: ICT-1 Daily Summary – Gholam Azam Cross-Examination of DW 1 Completed

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Abdus Sobhan: Motion regarding harassment of Defense counsel (Not Present)
  2. Chief Prosecutor vs Ghulam Azam: Prosecution cross-examination of DW 1 (Accused Not Present)
  3. Chief Prosecutor vs Motiur Rahman Nizami – Adjourned until Feb 13.

At the beginning of the court session Tajul Islam informed the Tribunal that the clerk of Abdur Razzaq and Defense counsel for Abdus Sobhan were not allowed to enter into the Tribunal. The Tribunal then heard an application filed by Senior Defense counsel Abdur Razzaq requesting that Motiur Rahman Akond, defense counsel for Abdus Sobhan, cease to be subjected to harassment. He submitted that there was an order from the Court against harassment of the Defense team, even if the court had declined to pass an order regarding the warrantless search conducted by police at the Defense chambers, located at City Heart. Abdur Razzaq requested that the Tribunal pass an order.

Prosecutor Simon submitted that Tribunal should not pass an order regarding a matter which is not covered by the ICT Act 1973. He further said that the application should be rejected.

Prosecutor Haider Ali concluded cross-examining Abdullahil Aman Azmi (DW-1) of the Gholam Azam case and the Tribunal adjourned the proceedings until February 13.

The hearing of Nizami’s case was also adjourned until February 13, 2013.  Continue reading →