Monthly Archives: April 2013

24 March 2013: ICT-1 Daily Summary – Gholam Azam Defense Closing Arguments, Chowdhury Defense Application for Police Protection

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam – Defense Closing arguments
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – Defense Counsel Application for Police Protection to and from the Tribunal

Tajul Islam, Defense Counsel of Gholam Azam filed an application seeking permission to meet with his client Gholam Azam. Additionally, the Defense concluded the closing arguments on factual issues. Arguments continued for 5 days and addressed Prosecution and Defense witnesses as well as Charge 5. The Tribunal then adjourned the proceedings until 27 March 2013, when Abdur Razzaq is scheduled to present the Defense arguments on legal issues and Charges 1 to 4.

In the case of Salauddin Qader Chowdhury, senior Defense counsel Ahsanul Huq Hena, filed an application seeking police protection for coming to the Tribunal during days when hartals or other political unrest present security concerns. He requested that his car be accompanied by full time uniformed police gunman. The Tribunal scheduled a hearing of the petition for tomorrow and adjourned the proceedings until then.

Chief Prosecutor vs. Gholam Azam- Defense Closing Arguments
Prosecution Witness 16 – The Investigating Officer
The Defense read out different paragraphs from the testimony of the Investigating Officer, Prosecution witness 16. Mizanul Islam submitted that during the cross-examination the witness was asked whether Gholam Azam had a direct connection with the local Peace Committee but was only able to refer to Exhibit-57, the Daily Pakistan dated 16 April 1971. The Defense noted that the contents of Exhibit-57 do not answer the question. The article discusses the formation of a 21 member executive committee within the Peace Committee and states its purpose as bringing back normalcy at the direction of the Central Peace Committee. On cross-examination the Investigating Officer admitted that he did not find any direction or order bearing the signature of Gholam Azam. The witness also admitted that there was no resolution which designated Gholam Azam the power to cancel or suspend any local level Peace Committee. The Defense noted that the Investigating Officer was unable to specify who had authority within the Peace Committee to issue directions or orders to the local level committees. The Investigating Officer claimed that directions and orders from the Central Peace Committee were communicated to the local level Peace Committees by newspapers, television and radio broadcast. He further testified that the local level Peace Committees were bound to follow the directions. However, the Defense noted that the witness had admitted that he did not know the broadcasting range of Dhaka television stations and acknowledged that due to poor communication there was often a delay in orders reaching newspapers in remote areas such as Taknaf and Tetulia. The witness also admitted that he had no evidence as to whether the Daily Shangram or the Daily Paigam was distributed in Patuakhali (a remote area). Continue reading →

24 March 2013: ICT-2 Daily Summary – Kamaruzzaman DW 5, Prosecution Closing Arguments

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman

The day’s proceedings started later than usual because the Defense witness scheduled to testify in Kamaruzzaman’s case was not initially allowed to enter the tribunal premises in a car. The Defense Counsel accompanying him was adamant that the witness would not get out to walk because of the prior incident in which a Defense witness was allegedly abducted outside the Tribunal. After the situation was resolved the Tribunal heard Defense witness 5 provide direct testimony and allowed the Prosecution to conduct their cross-examination.

After the witness’ testimony was concluded the Chief Prosecutor began their Closing Arguments in the case.

Chief Prosecutor vs. Kamaruzzaman
Testimony of Defense Witness 5
Mr Abdur Rahim, Defense witness 5, testified before the Tribunal. During his direct examination, the witness testified that he is the son of Late Didar Ali and is a permanent resident, living in Mymensingh District. He is an elderly businessman of the locality. He claimed to have been a freedom fighter during the Liberation War and the General Secretary of Shecchashebok Bahini  (Volunteer Forces) formed after the Liberation War. Mr. Rahim testified that he never heard Kamaruzzaman’s name referenced in connection to the Al-Badr or Rajakar forces in Mymensingh District.

Continue reading →