Monthly Archives: June 2013

26 May 2013: ICT-1 Daily Summary – Mir Qasem Ali Cognizance of Charges, Nizami PW 9, CHowdhury, PW 41,

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The following summary has been compiled from media sources and conversations with the Defense and the Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mir Qasem Ali
  2. Chief Prosecutor vs Motiur Rahman Nizami
  3. Chief Prosecutor vs Salauddin Qader Chowdhury  

On 26 May 2013, the Tribunal took Cognizance of the charges against Mir Qasem Ali and fixed June 27 for hearing arguments for and against framing the order.

In the Nizami case, the Tribunal heard the examination-in-chief of Prosecution witness 9, Aynul Haque. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 27 May 2013.

In the Chowdhury case, the Tribunal heard the examination-in-chief of Prosecution witness 41, Investigation Officer Md Nurul Islam. The Tribunal then adjourned the proceedings of the case until 28 May 2013.

Chief Prosecutor vs Motiur Rahman Nizami
Md Aynul Haque, Prosecution witness 9, testified in support of charge no 2. The charge alleges that Nizami conspired to commit crimes under section 3(2)(g) of the Act, resulting in murders, rapes and deportation of victims as Crimes Against Humanity. He is  charged under section 3(2)(a) and 3(2)(g) read with Section 4(1), providing for accomplice liability and section 4(2), providing for command responsibility.  Continue reading →

22 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Alim PW 21, Pre-trial issues and contempt

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Against Selim Uddin
  2. Syed Md Qaisar: Bail Application
  3. Chief Prosecutor vs. Md Ashruzzaman Khan and  Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid – Defense Closing Arguments
  5. Chief Prosecutor vs. Abdul Alim – Cross-Examination of PW 21

The Tribunal deferred the contempt proceedings against Selim Uddin until 28 May 2013 for further order. It then moved on to hear the bail application filed on behalf of Syed Md Qaisar who is currently under investigation for war crimes and related offences that may have been committed during the 1971 War of Liberation. Mr Qaisar, a former BNP leader and a subsequent policy maker of President HM Ershad’s cabinet was arrested on a warrant issued by Tribunal-2 on 15 May 2013. Upon hearing the bail application, the court took a brief recess of twenty minutes before finally rejecting the application. Mr Qaisar was then sent to jail.

The Prosecution team in the cases against Md Ashrafuzaman Khan alias Nayeb Ali and Moinuddin notified the Tribunal that they had followed its order and published a notification in two widely circulated national dailies asking the two defendants to appear before the Tribunal. The notice was published on 14 May 2013 in the Daily Janakantha and on 15 May in the Daily Star. The notification announced that failure to appear within 10 days of such publication would result in the court ordering trials-in-absentia, as was done in the case of Abul Kalam Azad. The Tribunal stated that they would hear the case next on  27 May 2013.

In the case of Mujahid the Defense began their Closing Arguments. They began with arguments regarding the evidentiary aspects of the case and stated that senior Defense counsel Abdur Razzak will be later address the relevant legal arguments.

Finally, the Defense counsel for Abdul Alim conducted the cross-examination of Prosecution witness 21. They primarily attacked the credibility of the witness and accused him of providing false testimony. The Defense further suggested that the witness provide the same testimony to the Investigation Officer during his original interview.  Continue reading →

22 May 2013: ICT-1 Daily Summary – Mubarak Hossain PW 1 Cross-Examination

22 May 2013: ICT-1 Daily Summary – Mubarak PW 1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mobarak Hossain,  Accused Present

In the Mobarak Hossain case the Defense Counsel Ahsanul Huq Hena continued the cross-examination of Darul Islam, Prosecution witness- 1, who had testified in support of Charges 1, 2 and 3. Thereafter, the Tribunal adjourned the proceedings until 27 May 2013.

Cross-Examiantion
The Defense asked the witness whether he had any documentary evidence to show that he came to East Pakistan from West Pakistan on leave. Witness answered that at this moment he does not have such documents. The Defense claimed that a member of  the West Pakistani Army who was on leave would not receive his salary from East Pakistan. The Defense asked whether he had any documentary evidence to show that he had actually drawn his salary from East Pakistan. He replied that he did not. The Defense claimed that actually the witness did not actually come to East Pakistan on leave and did not draw his salary from here. The Witness claimed that in 1971 Mejor Sekendar was the area commander of Akhaura, Paharpur and Fakirmura while Defense claimed that Brigadier Sadullah of 23 Beluch regiment was the area commander. The Defense further stated that Sadullah’s serial number was 23 among the 195 Army personal who were detained in 1971. The witness answered that he is unaware of this. The Defense claimed that in 1971 Mejor Abdullah Khan, Mejor Sadek Newaz and Captain Jabed Iqbal worked in Akhaura, Paharpur and Fakirmura. The witness denied those assertions. The Defense claimed that in Brahmanbaria there were 4 units of army and Lieutenant colonel Khijir Hayat, Brigadier Sadullah and Lieutenant colonel Jaedi were the commanding officer of those units. The witness said he did not know about their command. Continue reading →

21 May 2013: ICT-2 Daily Summary – Abdul Alim PW 21

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – PW 21
  2. Contempt Proceedings Against Selim Uddin and Others

Today the Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness in the case of Abdul Alim. After the Prosecution completed their questioning the Defense requested adjournment for the day, seeking time to prepare his cross-examination. The Tribunal agreed and scheduled the cross-examination for the following day.

The Tribunal also adjourned the contempt proceedings against Jamaat-e-Islam leaders Selim Uddin, Hamidur Rahman Azad and Rafiqul Islam Khan after hearing a petition for additional time. It may be mentioned that the contempt proceedings were initiated by the Tribunal against the Jamaat-trio in February, following comments regarding the Tribunal made at a public engagement the day before the verdict in Qader Molla was issued. Selim Uddin is the only one of the three who has been produced before the court after being arrested. He has filed a separate written explanation through his lawyer. The other two have not been detained by the police, despite the Tribunal having issued an arrest warrant for them.

Chief Prosecutor vs. Abdul Alim
Mr Abdul Hamid Sakidar provided circumstantial evidence as Prosecution witness 21 in the case against Abdul Alim. During examination-in-chief by the Prosecution the witness testified that he was a resident of Sakidarpara during the war in 1971 and that he was 15 or 16 years old at the time. He testified that Abdul Alim was one of the key persons in the formation of the Peace Committee in the Jaipurhat area and acted as its chairman. Sakidar asserted that the Pakistan army killed many people and also burned villages in his area during the war. He stated that local collaborators were also part of these raids.

The witness claimed stated that Alim, along with Muslim League members and Jamaat activists, occupied the Shaon Lal Bazla Godighar (office) in his area. He stated that the Razakar forces were later trained in this godighar and that the Pakistani Army also located its camp there. The witness incriminated the accused by stating that the Pakistani army and the Razakars used to kill people at the instruction of Alim. Sakidar stated that eleven people from his locality were apprehended by the Pakistani Army and the Razakars, and that they were then taken to the north side of Baroghati Pond near Sakidarpara. These eleven people, whose faces were painted black, were then shot to death at Mr Alim’s instruction. Six of the dead bodies were buried under a mango tree thereby and five others were buried under a lychee tree at the south end of the pond.

The witness claimed stated that about after 4 to 5 months after Bangladesh declared its victory over Pakistan about 150 skeletons were recovered from that very pond.

The witness then positively identified the accused in the courtroom.