Monthly Archives: May 2013

9 May 2013: Kamaruzzaman Guilty Verdict

Tribunal 2 of the International Crimes Tribunal of Bangladesh has found Kamaruzzaman guilty on 5 of 7 charges. He was found guilty on charges 1,2,3,4 and 7, acquitted of charges 5 and 6. He has been sentenced to death based on charges 3 and 4. The Tribunal noted that charges 1 and 7 carried a life sentence, while he was sentenced to ten years imprisonment under charge 2. All the charges were for direct involvement and complicity in Crimes Against Humanity.

The full Judgment may be viewed here: Kamaruzzaman Full Judgment

Profile of Mohammad Kamaruzzaman
The Prosecution alleged that Kamaruzzaman, who in 1971 was 19 years of age, established the paramilitary force of Al-Badr in the district of Mymensingh. The force is thought to have committed genocide, killings, rape, looting, arson and enforced deportation throughout the region in collaboration with the Pakistani Army. Kamaruzzaman was the President of Islami Chhatra Shibir, the student branch of Jamaat-e-Islami, during the war. He was appointed as Joint Secretary of the Dhaka City Jamaat-e-Islami in 1981 and served as Publicity Secretary for the party between 1983 and 1991. He became Assistant Secretary General in 1992.

Procedural History
Investigation into Kamaruzzaman’s involvement in the commission of Crimes against Humanity and Genocide during the liberation war began with a formal probe on 21 July 2011. He was arrested in conjunction with the case on 2 August 2011. The Prosecution submitted their proposed Formal Charge on 15 May, and the case was subsequently transferred from ICT-1 to ICT-2. Tribunal 2 took cognizance of the charges on 31 January 2012 and issued the Charge Framing Order indicting Kamaruzzaman on 4 June 2012. The trial began on 2 July 2012. The Prosecution called 18 witnesses in support of their case. The Defense was limited by the Tribunal to 5 witnesses. Witness testimony was completed on 24 March 2013. Closing Arguments were complete on 16 April 2013. The verdict comes just over three weeks after the termination of proceedings.

The Charges: The Charges in red indicate a guilty verdict. See here for the Original Charge Framing Order.

  1. Murder, Torture and Other Inhuman Acts as Crimes Against Humanity and Complicity in Such Crimes: for leading a group of Al-Badr in abducting civilian Badiuzzaman who was tortured and then killed. Charged under Section 3(2)(a)(h) of the ICT Act. Sentenced to life imprisonment
  2. Inhuman Acts as Crimes Against Humanity and Complicity in Such Crimes:  Sentenced to 10 years imprisonment for attacking, forcibly shaving and whipping Syed Abdul Hannan, the Principal of Sherpur College. Charged under Section 3(2)(a)(h) of the ICT Act.
  3. Murder as a Crime Against Humanity and Complicity in Such a Crime:  Sentenced to death for advising and facilitating members of Al-Badr and Razakars in the massacre and rape of unarmed civilians in Shohagpur. Charged under Section 3(2)(a)(h) of the ICT Act. Some media sources have stated that Kamaruzzaman was convicted of Genocide under Charge 3. This is incorrect, the Charge Framing Order alleges murder as a Crime Against Humanity and the Charge was not amended to Genocide.
  4. Murder as a Crime against Humanity and Complicity in Such a Crime: Sentenced to death for the shooting of Golam Mostafa and Abul Kasem at Serih Bridge, causing the death of Golam Mostafa. Charged under Section 3(2)(a)(h) of the ICT Act.
  5. Murder as a Crime against Humanity and Complicity in Such a Crime: Acquitted for the abduction and torture of Md. Liakat Ali and Mujibur Rahman Janu, and their ultimate murder behind the Ahammad Nagar UP office. Charged under Section 3(2)(a)(h) of the ICT Act.
  6. Murder as a Crime against Humanity and Complicity in Such a Crime: Acquitted for the abduction of Tunu and Jahangir and subsequent torture and death of Tunu. Charged under Section 3(2)(a)(h) of the ICT Act.
  7. Murder as a Crime against Humanity and Complicity in Such a Crime: Sentenced to life imprisonment for accompanying members of Al-Badr on a raid of the house of Tepa Mia in Golpajan Road the ultimate killing of six other unarmed civilians with a bayonet. Charged under Section 3(2)(a)(h) of the ICT Act.

Legal Conclusions:
The Judgment followed closely the legal conclusions made in Tribunal 2’s Judgments against Kalam Azad Bachu and Qader Molla, as well as Tribunal 1’s decision against Delwar Hossain Sayedee. However, this case also addressed in detail the role of Jamaat-e-Islami in the commission of atrocities during the liberation war. There is some thought that this verdict could be used as the basis for banning the current Jamaat-e-Islami as a political party. A writ is currently pending before the High court requesting that the party be banned.

The full Judgment may be viewed here: Kamaruzzaman Full Judgment

Additionally, we will be publishing an in depth report on the factual and legal conclusions contained in the verdict. Please check this website for updates.

2 May 2013: ICT-1 Daily Summary – Chowdhury PW 32, Nizami PW 6

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Motiur Rahman Nizami

In the Chowdhury  case the Tribunal heard the examination-in-chief of Prosecution Witness 32, Basanti Ghosh. The Defense declined to cross-examine the witness because she did not allege that Salauddin Qader Chowdhury was involved in the mass killing committed in Unsattar para. The then Tribunal adjourned the proceedings of the case until 6 May 2013.

In the Nizami case the Defense filed two applications. The first requested medical treatment for Motiur Rahman Nizami and the second sought admission of additional documents as exhibitis. The Tribunal scheduled the hearing of the applications for Sunday, 5 May. The Defense also concluded cross-examining Prosecution witness 6, Shahajahan Ali. The Tribunal then adjourned the case until 12 May 2013.

Chief Prosecutor vs. Chowdhury – Prosecution Witness 32
Today the Prosecution called Basanti Gosh as Prosecution witness 32. She is the wife of victim Momoranjon Gosh and testified in support of Charge 6. This charge alleges that Salauddin Qader Chowdhury committed Genocide under section 3(2)(c )(i), 3(2)(3 )(ii) and deportation as a Crime Against Humanity under section 3(2)(a) of the ICT Act 1973.

Examination-in-Chief
Basanti testified that in 1971 (did not specify date) a Pakistani military officer and a Bengali came to her house and captured his husband Monoranjon Gosh. She testified that she tried to make the two men free her husband but that the military officer beat her. She stated that her husband was taken to Khitish Mohazon’s home where he was lined up along with other prisoners and killed. She did not specify how he was killed. She testified that after two days her husband’s brother brought Monoranjon’s body back. She testified that her husband’s name is listed among the names of victims on the memorial   monument that now marks the site.

Cross-examination
The Defense declined to cross-examine the witness because she did not identify Salauddin Qader Chowdhury as being involved in the alleged crimes. Continue reading →

Weekly Digest Issue 11: March 31- April 4

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

This week Tribunal 1 dealt with the Motiur Rahman Nizami, Salauddin Qader Chowdhury, and Gholam Azam cases. In the case against Nizami the Defence cross-examined Prosecution witness 3, Rustom Ali Mollah. In the case against Salauddin Qader Chowdhury the Tribunal heard both the examination-in-chief and cross-examination of Prosecution witness 24, Babul Chakraborty. Gholam Azam’s Defence counsel continued their Defence Closing Arguments, addressing the conspiracy allegations under Charge 1, as well as legal arguments on incitement. Proceedings were delayed by hartals and the absence of Defense counsel.

In Tribunal 2, the Court heard the Prosecution’s Closing Arguments in the Kamaruzzaman case, during which they addressed evidentiary issues including hearsay, and legal arguments about the standard of complicity and under the doctrine of Superior Responsibility. Due to the hartal on 2 April, ICT 2 convened only briefly to allow the Prosecution to complete their examination-in-chief of the Investigation Officer in the Mujahid case. On 3rd April the Defence began its presentation of Closing Arguments in the Kamaruzzaman case, addressing factual issues in Charges 1-3 and responding to the legal issues raised by the Prosecution during their Closing Arguments.

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

30 April 2013: ICT-1 Daily Summary – Chowdhury PW 31, Nizami PW 6

Today the Tribunal heard matters in the following cases:

Chief Prosecutor vs Salauddin Qader Chowdhury: Examination-in-Chief and Cross-Examination of Prosecution Witness 31, Accused Present

Chief Prosecutor vs Motiur Rahman Nizami: Examination-in-Chief and Cross-Examination of Prosecution Witness 6, Accused Present

Today the Tribunal heard the cross-examination of Prosecution witness 31, Shujit Mohazon, in the case of Salauddin Qader Chowdhury. Shujit testified in support of Charge 6, which alleges Genocide and deportation as a Crime Against Humanity. The case was then adjourned until 2 May 2013. In the Nizami case the Prosecution conducted the examination-in-chief of Prosecution Witness 6, Shahajahan Ali. The witness testified in support of Charge 6, which alleges murder as a Crime Against Humanity. The Defense began their cross-examination but did not complete their questioning before the end of the day. The Tribunal adjourned the case until 2 May 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Shujit Mohazon testified as Prosecution witness 31 in support of Charge 6. Chowdhury is accused of  committing offense of Genocide under section 3(2)(c )(i), 3(2)(3 )(ii) and deportation as Crimes Against Humanity under section 3(2)(a) of the ICT Act.

Cross-Examination
The Defense began by asking Shujit Mohazon about his profession. Shujit stated that he he is a shopkeeper and received his trade license from the Union Council. The Defense suggested that the Mohazon name is known as being involved with determining interest rates in Chitagong. The witness said he did not know anything about such business.

The Defense then asked the witness about Bozlur Rahman road. Shughit that the road was visible from his house but that he did not see any army vehicles on the road on the day of the incident on that day.

Continue reading →