Monthly Archives: May 2013

23 April 2013: ICT-1 Daily Summary – Chowdhury Cross-Examination of PW 28

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Our coverage is compiled from media sources and conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs SalauddinQader Chowdhury: Cross Examination of PW 28, Accused Present
  2. Chief Prosecutor vs MobarakHossain: Charge Framing Order, Accused Present

Today Defense counsel for Salauddin Qader Chowdhury concluded the cross-examinination of Prosecution witness 28, Poritosh Kumar Palit.

The Tribunal also issued the official Charge Framing Order against Mobarak Hossain. They rejected the Defense’s request for acquittal and also rejected an application for bail. Mubarak Hossain submitted a plea of not guilty. The Tribunal scheduled the opening of the trial for 16 May 2013. Additionally the court requested that the Prosecution and Defense submit their proposed witness lists on 16 May as well.

Chief Prosecutor vs. Salauddin Qader Chowdhury: Cross-examination of Prosecution Prosecution witness 28, Poritosh Kumar Palit, was cross-examined by the Defense. His examination in-chief took place on the 22 April.

The Defense began by asking whether Poritosh or his brothers had filed a case before or after the Liberation War regarding the alleged killing of his father. Poritosh replied that he did not know if anyone he or anyone else had filed such a case at the Rawzan Police Station. He testified that the  Rawzan Police Station is about half a kilometer from his house. He could not say whether his father visited the Police Station before he was killed. He testified that after 25 March 1971 the Pakistani Army went to Rawzan but could not give an exact date.

The Defense then asked him questions about his job as a teacher at RABM high school. He testified that the head master of his school was Abdur Rashid. He stated that when he left the school in 1971  he did not submit the resignation letter or application for leave. He claimed that there were no students from Palit Para or Biswash Para in his school. He testified that his house was about 10 kilometers from the school. He stated that while he was a teacher he also worked as the house tutor for Abul Kashem Chowdhury’s son, Abu Bakar. He acknowledged that Abu Bakar is still living. He stated that he knew the neighbors and that he stayed ab Abul Kashem Chowdhury’s house for over a year. He testified that he did not inform anyone when he left Abul Kashem’s house in 1971.

The Defense asked Poritosh to describe the trip between the scene of the killing and where his family was hiding. He testified that along the road there were shops on both sides of the road, and the houses of wealthy and important people. He admitted that he did not attempt to tell anyone about the killing on his way back. However, he claimed that others were aware of the incident, though he could not say how people heard about it. Continue reading →

22 April 2013: ICT-2 Daily Summary – Mujahid Cross-Examination of PW 17, Investigation Officer

Today the Tribunal heard matters in the following cases:

Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid – Cross-Examination of Prosecution witness 17, Investigation Officer.

The Defense continued their cross-examination of prosecution witness 17, Investigation Officer Abdur Razzaq. At at the end of yesterday’s session the Tribunal instructed Defense to conclude their cross-examination of the Investigation Officer today, 22nd April, 2013.

The Defense asked the witness about the investigation procedure, his findings regarding Mujahid’s position within the Islami Chatra Shangho, the presence of Mujahid’s name in any of documentary evidence, and Mujahid’s alleged whereabouts after the war.

The witness said that his investigation showed that Mujahid went on to hiding after the war, but did not leave Bangladesh. He hid at his maternal uncle’s house. The witness also said that Mujahid separated himself from all forms of political affiliation until the political transformation in 1975 after the assassination of Bangabandhu Sheikh Mujibur Rahman.

The witness admitted said that Mujahid’s name is not found among the lists naming Rajakars, Al-Badrs, Al-Shams or Peace Committee members that have been submitted into evidence. However, he reiterated that his investigation revealed that the accused was the President of the East Pakistan Islami Chatra Shongho beginning in October  and continuing until 16th December 1971. Therefore he asserted that Mujahid had participated in Crimes Against Humanity and Genocide as an Al-Badr Commander.

Administrative Matters
The Tribunal granted the Defense’s request for privileged communication with their client and stated they would allow two designated Defense counsel to visit Mujhaid in prison on 28 April 2013. The Tribunal also stated that the Prosecution should be prepared to begin their Closing Arguments if the Defense fails to produce their witnesses. They reiterated that delay of the trial process would not be allowed.

22 April 2013: ICT-1 Daily Summary – Chowdhury Examination of Prosecution Witness 28

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal heard the examination-in-chief and cross-examination of Prosecution witness 28, Poritosh Kumar Palit. The witness is the son of an alleged victim of the Accused.

Prosecution Examination-in-Chief
The witness first provided personal details about his education and where he lives.  He testified that in 1971 he was 27 years old and a teacher at the R.A.B.M High School in Rangunia, Chittagong. He testified that on 25 March 1971 there was widespread political unrest in the country and activists from the Muslim League in his area torched and looted houses of the Hindu community and additionally raped many women.

At the time his father worked writing GDs, Complaints and Diaries. Around 10 or 11 April 1971 his father decided that the family should seek shelter at Khetro Mohon Biswash’s home, which was 3 or 4 miles away from their house. The father remained at their home.

Poritosh testified that on 14 April 1971, after the death of the Principal of Kundashori, Notun Chandra Shing, he went to visit his father and asked him to leave the house and return to Biswash’s home with Poritosh. His father refused to leave. The witness testified that after that he saw Salauddin Qader Chowdhury, along with members of the Pakistani Army, come to the house. He testified that he hid himself in a bush and watched as  Salauddin Qader Chowdhury and Panjabi soldiers engaging in an altercation with his father. At one point the witness alleged that Salauddin Qader Chowdhury shouted to the soldiers “that person is dangerous, kill him!” Poritosh testified that after hearing this the Panjabi soldiers told his father to go into the house, but when he turned the soldiers shot him two times in the back. His father fell and the soldiers then covered him with two blankets which they covered with some sort of chemical powder and lit on fire. The witness stated that once the soldiers left to inform his family members about his father’s death. They later left the country for India because they felt unsafe. Continue reading →

21 April 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following matters:

  1. Contempt Proceedings vs. Selim Uddin and Others Jamaat Leaders
  2. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Cross examination of Investigating Officer, Accused Present

Proceedings before Tribunal 2 began with contempt proceedings against Jamaat leaders Selim Uddin, Hamidur Rahman, Azad MP and Rafiqul Islam.  Selim Uddin was arrested on 8 March 2013 under an arrest warrant issued by the Tribunal on 6 March. Today the Tribunal passed an order against the parties, stating that the submitted written explanation for the allegedly contemptuous behavior was not satisfactory. Therefore proceedings under Section 11(4) of the ICT Act are issued against the accused. Defense counsel Tajul Islam, who had earlier been appointed as counsel to the four Jammat leaders, was not present in the court during the session. The Tribunal scheduled the next hearing on the matter for 9 May 2013, and stated that any further submissions, explanations or observations must be filed before that date.

The Tribunal then resumed hearing the cross-examination of Prosecution witness 17, Investigation Officer Abdur Razzaq . The Defense continued to highlight the various procedural flaws in the investigation process and the underlying deficiencies in the investigation’s findings.

Chief Prosecutor vs. Mujahid
Cross-Examination of Investigation Officer
The Defense resumed its questioning and asked whether the witness went to Chorfasion as part of his investigation. The witness replied that he did not visit the area. He asserted that another Investigation Officer, Nur Hossain, investigated the case against Abul Kalam Azad. He acknowledged that some of the witnesses in that case are also witnesses in the case against Mujahid. The Investigation Officer stated that he interviewed them separately.

The witness stated that he began his investigation in Dhaka on 5 December 2010. He first visited the Daily Jugantor office, which is the office of witness Mahbub Kamal, in the Notre Dame College area. The witness stated that the area is called Arambag. The Defense objected and said it is not called Arambag and suggested that the Investigating Officer does not actually know the location.  The witness said he did not go anywhere else as part of the investigation.  Continue reading →

21 April 2013: ICT-1 Daily Summary – Chowdhury Examination of PW 27

Today the Tribunal heard matters in the following cases:

Chief Prosecutor vs. Salauddin Qader Chowdhury –Examination of PW 27

Today the Tribunal heard both the direct and cross-examination of Prosecution witness 27, Dr. A.K.M Shafiullah. Shafiullah was first a medical student and later the Assistant Registrar at the Chittagong Medical College in 1971.

Prosecution’s Examination-in-Chief
The witness testified that he obtained his medical degree from Chittagong Medical College in 1970 and that he joined to Surgical Unit 1 of the Chittagong Medical College as an institutional trainee. He became a medical officer in the same ward in July of 1971, and in August was assigned to the post of Assistant Register. He testified that toward the end of September he received a call around 10pm that he was needed urgently at the hospital. He arrived at the ward within half an hour and found army, police and others there. He further testified that Salauddin Qader Chowdhury, son of Fazlul Qader Chowdhury, was seriously injured. According to his recollection Chowdhury was wounded in the leg and and received primary treatment at the hospital, staying 3 or 4 days. The witness said that he later heard that Salauddin was taken to Dhaka or outside of the country for better treatment. He stated that he had been interviewed by the Investigating Officer identified Salauddin Qader Chowdhury in the dock.

Defense’s Cross-Examination of Witness 27
The Defense began by questioning the witness about his personal details, including where he lived during his employment at the hospital and the location of his home district. They then asked him about his work at the hospital. Shafiullah testified that he is aware of the rules and regulations for the admission of an injured at the medical college hospital. He testified about the staff hierarchy at the hospital and identified the director in 1971 as Colonel or Lieutenant Colonel. He named the Principal, Head of Medicine and Head of Surgery in 1971. Continue reading →