Monthly Archives: August 2013

22 August 2013: ICT-1 Daily Summary – Abdus Sobhan Pre Trial Proceedings, Contempt Proceedings against Human Rights Watch

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against Abdus Sobhan
  2. Contempt Proceedings against Human Rights Watch

On 19 August 2013, Prosecution in the case against Abdus Sobhan filed an application requesting permission to interrogate the suspect in the safe home under Rule 16(1) of the Rules of Procedure. The Defense submitted a written objection against the application. Today the Tribunal heard arguments from both sides regarding the application. The Prosecution submitted that the investigation is in its final stage but asserted that for proper and effective investigation the Investigation Officer is required to interrogate the accused. The Prosecution further argued that for total verification, interrogation in the safe house is necessary.

Continue reading →

21 August 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin PW 15

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Tribunal 2 heard the testimony of Prosecution witness 15 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. The testimony of the witness is relevant to Charge 6 of the case which alleges that the Defendants led a group of armed Al-Badr men in abducting Professor Gias Uddin Ahemed, Professor dr. Serajul Haque Khan, Dr. Md. Mortuja, Dr. Abul Khayer, Dr. Foyzul Mohiuddin, Professor Rashidul Hassan, Professor Anwar Pasha, and Professor Dr. Santosh Bhattacharrjee from their residences on Dhaka University campus. These victims are among the targets of the ‘intellectual killings’ that occurred just before the surrender of the Pakistani Army. The Defendants are charged with abduction as a crime against humanity, or in the alternative, with extermination as a crime against humanity, or in the alternative murder as a crime against humanity. Both modes of joint criminal enterprise and superior command responsibility are alleged as modes of liability. Continue reading →

21 August 2013: ICT-1 Daily Summary – Mir Qasem Ali Hearing on Framing of Charges

Today the Tribunal heard matters in the following cases:

  1. Pre-Trial Proceedings against Mir Qasem Ali

In the case of Mir Qasem Ali the Prosecution placed their reply to the Defense’s application for the dismissal of the proposed charges against Mir Qasem Ali. The Tribunal scheduled  29 August for issuing its order on the matter. Continue reading →

20 August 2013: ICT-2 Daily Summary – Mueen Uddin and Khan PW 14, Alim Cross of Investigation Officer (PW 35).

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Chowdhury Mueen Uddin and Ashrafuzzaman Khan
  2. Chief Prosecutor vs. Abdul Alim

Tribunal 2 recorded the testimony of Prosecution witness 14 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. Both the examination-in-chief and cross-examination of the witness was completed. The testimony of PW-14 does not support any specific charge but relates to the identity and background of Chowdhury Mueen Uddin who currently lives in the United Kingdom.

In the case against Abdul Alim the Defense resumed its cross-examination of the Investigation Officer and asked questions pertaining to the investigation procedure and authenticity of documentary evidence. Continue reading →

1 August 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order

Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. AKM Yusuf

The Tribunal formally read out its Charge Framing Order against the accused A.K.M Yusuf.

Background of the accused
AKM Yusuf, who is now 87 years old, was an active member of Jamiate-Talabee-e-Arabia during his student life and joined Jamaat-e-Islami in 1952. In 1957 he became the Chief of Jamaat’s Khulna Division, prior to becoming elected as a Member of National Assembly in 1962. He was then nominated as the Provincial Joint Secretary of Jamaat-e-Islami in 1969 and acted as the Deputy Amir of then East Pakistan Jamaat-e-Islam in the year 1971.

It is alleged that Yusuf was the Chairman of the Peace Committee of greater Khulna and formed Razakar forces in the sub-division, police station, and local union level in greater Khulna district. He was previously prosecuted and convicted under the Collaborators Order of 1972, soon after Bangladesh’s victory over Pakistani forces. However he was released following an amnesty issued by the government.

Procedural History & the Charge Framing Order
The Chief Prosecutor submitted the Formal Charge against AKM Yusuf on 28 April 2013, relying on the Investigation Report of the Investigation Agency. Tribunal 1 took cognizance of the offences on 12 May 2013 after finding a prima facie case against him and issued a warrant for his arrest. The Accused was arrested on 14 May 2013 and has been in custody since then. The case was transferred to Tribunal 2. Upon hearing the proposed charges read out by Prosecutor Mr Rishikesh Saha on 14 July 2013 and the Defense’s response on 24 July 2013, the Tribunal fixed today to issue the Charge Framing Order. The Chairman of Tribunal 2 read out the Charge Framing on behalf of the bench. The Judges stated that a previous sentence under the Collaborators Order of 1972 and the amnesty granted for convictions of such offences does not bar the Accused’s trial for the commission of Crimes Against Humanity or Genocide. They framed 13 Charges against AKM Yusuf, alleging actual commission, complicity and superior responsibility for Crimes Against Humanity and Genocide.

The full Charge Framing Order can be read here: AKM Yusuf Charge Framing Order

  • Charge-1: Abetting and substantially contributing to Persecution as a Crime Against Humanity for looting and burning 400 shops and houses at Morleganj. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-2: Abetting and substantially contributing to Genocide, or in the alternative Persecution as a Crime Against Humanity for the torture and killing of 50-60 civilians in the Hindu community of Ranjitpur village. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-3: Abetting and substantially contributing to Genocide, or in the alternative,  Persecution as a Crime Against Humanity at Morelganj Bazar locality. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-4: Abetting and substantially contributing to Genocide, or in the alternative, Persecution as a Crime Against Humanity for ordering Razakars to kill 600-700 Hindu civilians in Dakra village of Rampal, Bagherhat. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-5: Abetting and substantially contributing to Genocide, or in the alternative, Persecution as a Crime Against Humanity at Chulkuthi Bazar. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-6:  Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of civilians at Vasha Bazar under Kachua Police Station. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-7: Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of 40 Hindu civilians at Shakarikathi Bazar under Kachua Police Station. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-8: Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of 40 Hindu civilians at Shakarikathi Bazar. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-9: Abetting and substantially contributing to Murder as a Crime Against Humanity for the killing of Abu Bakar Siddique at Barukhali Razakar camp. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-10: Abetting and substantially contributing to Murder as a Crime Against Humanity for the murder of three unarmed freedom fighters at Raenda Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-11: Abetting and substantially contributing to Murder as a Crime Against Humanity of two unarmed freedom fighters at Tafalbari Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-12: Abetting the Murder of Dr Majid as a Crime Against Humanity at Morelganj Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-13: Participating in and abetting the Murder of Abdus Salam as a Crime Against Humanity at Raenda Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.

All the above counts contain charges under both Section 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1972, with exception to Charge-1 that contains charge under Section 4(1) only.

The Tribunal also rejected AKM Yusuf’s bail application, requiring him to be in jail custody during the trial. The trial is scheduled to commence on 5 September 2013 when the Prosecution will place its opening statement.

The full Charge Framing Order can be read here: AKM Yusuf Charge Framing Order