Monthly Archives: May 2013

16 May 2013: ICT-1 Daily Summary – Mubarak Hossain Opening Statements and Mir Qasem Ali Formal Charge

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Investigation of Mir Qasem Ali

In the Mobarak Hossain case the Prosecution submitted its opening statement. Prosecutor Zahid Imam read out a prepared statement describing Mobarak as the traitor of Akhaura. He described the role played by Jamaat-e-Islami, Islami Chattra Shangho (student wing of Jamaat-e-Islami), Peace Committee, Razakars, Al-Badr and Al-Shams from 25 March to 16 December 1971. The Prosecution alleged that Mobarak was the Razakar commander of Shohilpur, Brahmanbaria in 1971 and that he assisted the Pakistani army in the commission of atrocities.  The Tribunal fixed 20 May for hearing the testimony of Prosecution witness 1 and asked the Defense to submit all the documents, if any, they intend to rely on by 20 May 2013.

In the investigation of Mir Qasem Ali the Prosecution submitted the Formal Charge to the registrar with all relevant documents. The Tribunal fixed 26 May for its decision on whether to take cognizance of the charges.

Administrative Matters
Today the Tribunal warned the lawyer of Mubarak Hossain and Salauddin Qader Chowdhury for misleading the court. On 15 May, Defense Counsel Ahsanul Huq Hena informed the Tribunal that on 19 and 21 May, Salauddin was required to go to Chittagong in order to appear in cases pending there on those days. However the Tribunal stated that it had found out that Salauddin had a case only on 22 May.

 

15 May 2013: ICT-2 Daily Summary

15 May 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Investigation of Syed Mohammad Qaisar –Application for Issuance of Arrest Warrant
  2. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Prosecution Closing Arguments

Today the Prosecution submitted that the Investigation Agencies have found concrete evidence showing that Mr Syed Mohammad Qaisar, a former BNP leader and a subsequent policy maker in HM Ershad’s cabinet, was involved in the commission of Crimes Against Humanity and Genocide in the Hobiganj and Brahmonbaria sub-divisions in 1971. They allege that he was a local Peace Committee leader and also formed the “Qaisar Force” to aid the Pakistani army. The Prosecution argued that local people are afraid to testify against him because of his current influence and power. Therefore they requested that he be arrested and kept in custody to allow for proper investigation of the allegations against him. The Tribunal granted the request and issued an arrest warrant instructing the Police to arrest Qaisar as soon as possible. They additionally instructed the Investigation Agencies to submit a progress report of the investigation within the next month.

In case against Ali Ahsan Muhammad Mujahid the Prosecution resumed their Closing Arguments, discussing evidentiary aspects of the charges. This discussion was more concise than those arguments previously presented in other cases. Prosecutor Tureen Afroz presented oral arguments concerning the legal standard of Joint Criminal Enterprise.

Administrative Notes:
Ambassador Stephen Rapp, the U.S. Ambassador-at-Large for War Crimes, visited the Tribunal today along with the Additional Attorney General MK Rahman. The Judges welcomed Ambassador Rapp and he in turn formally greeted the court. The Ambassador met briefly with the Prosecution and Defense teams and with the Registrar. In a later statement made at the American Center at the conclusion of his trip he stated that while there had been improvements since his prior visit in 2011 he still has concerns about the process at the ICT. He emphasized that it is essential that the proceedings be conducted with full due process following the law so that the verdicts cannot be questioned in the future. He also cautioned against the possibility of the judiciary being pressured into finding a certain verdict due to polls, demonstrations or threats of violence. He expressed deep respect for Bangladesh’s initiative in seeking accountability for atrocities committed in its past.  a mixed feeling and expressed his expectation that the tribunals with operate fairly, maintaining its highest standard. He made no comment on the standard of judgments already delivered, stating that it is not appropriate to comment on those judgments given the fact that appeals pertaining to these are now pending in the Appellate Division.

15 May 2013: ICT-1 Daily Summary – Chowdhury PW 35 and 36

15 May 2013: ICT-1 Daily Summary – Chowdhury PW 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

In Chowdhury case the Tribunal heard the examination-in-chief and cross-examination of Prosecution witness 35, Kamal Uddin and Prosecution witness 36, Ezab Uddin Mia.

Prosecution Witness 35
Kamal Uddin provided hearsay testimony in support of charge no 19. The charge alleges that Salauddin Qader Chowdhury committed murder, abduction, confinement and torture as Crimes Against Humanity under section 3(2)(a) of the ICT Act 1973. Continue reading

14 May 2013: ICT-1 Daily Summary – AKM Yusuf Denial of Bail

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Therefore our coverage is very brief.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf

The Tribunal passed an order rejecting the Defens’s request for bail in consideration of the gravity of the allegations against the Defendant. The Tribunal  asked the jail authorities to ensure Yusuf’s proper medical treatment. They fixed 6 June for the next hearing in the case and asked the Prosecution to submit all its supporting documents.