Monthly Archives: September 2013

29 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Defense Closing Statements

Today the Tribunal heard matters in the following case:

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

State-appointed defense counsel for Chowdhury Mueen Uddin, Ms. Salma Hye Tuni initiated her closing submissions in the case against Mueen and Ashraf.

Counsel noted that since her client is being tried in absentia, it was not possible for her to obtain any instruction from her client. Accordingly, she could not secure any defense witnesses to testify on her client’s behalf. However, she did rely upon portions of an exclusive interview her client gave to Al-Jazeera given earlier this year, in July.

Counsel did not seek to deny that the fact of the matter that Bengali intellectuals had been rounded up and killed in a brutal fashion in December of 1971. However, although evidence had shown that these killings were administered by Al-Badr forces, Counsel denied the involvement of Mueen with Al-Badr, and submitted that the Accused could not be held responsible for the events in question.  Continue reading

29 September 2013: ICT-1 Daily Summary – Mobarak Hossain, PW-11; Zahid Hossain Khokon, Pre-Trial Submissions

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mubarak Hossain
  2. Chief Prosecutor vs. Zahid Hossain Khokon

Chief Prosecutor vs. Mobarak Hossain

In the case of Mubarak Hossain, the Tribunal recorded the testimony of Chaman Sikander Julkernine, PW-11. After the conclusion of the cross-examination, the Tribunal adjourned the proceedings in this case until 6 October 2013.

Chief Prosecutor vs. Zahid Hossain Khokon

In the case of Zahid Hossain Khokon, today was set for passing an order on charge framing.  However, the Tribunal deferred this action, instead fixing 9 October 2013 for passing the order on charge framing.   Continue reading

26 September 2013: ICT-2 Daily Summary – Jahir Uddin Jalal, Contempt Proceedings; AKM Yusuf, Adjourned

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Jahir Uddin Jalal
  2. Chief Prosecutor vs. AKM Yusuf

 Today, Tribunal 2 fixed 10 October 2013 as the date for passing an order in the contempt proceedings against Jahir Uddin Jalal, PW-2 in the case against Ali Ahsan Muhammad Mujahid.

The Court also rescheduled the case of AKM Yusuf to 06 October 2013, since the Prosecution failed to produce its first witness today.

After pronouncing upon these matters, Tribunal 2 adjourned for the day.

26 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Contempt Charges against Channel 24 and others

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Channel 24 and others
  2. Chief Prosecutor vs. Motiur Rahman Nizami

Contempt Proceedings

On 25 September 2013, the Tribunal heard a petition filed by Prosecution for contempt under section 11(4) of the ICT Act 1973 read with Rule 45 of Rules of Procedure 2010 against a number of Channel 24 personnel and affiliates. Todaythe Tribunal issued a notice towards the named individuals, asking them to reply by 10 October 2013, explaining why contempt proceedings should not be initiated against them. The Order specifically called Dr. Zafrullah Chowdhury and Mahfuz Ullah to appear before the Tribunal in person.  The Court further asked Channel 24 not to re-broadcast the impugned talk-show episode. The Order declared that talk-show guests, Dr. Zafrullah Chowdhury and Mahfuz Ullah had publically discussed a matter subjudice, without knowing the factual aspects, and had deliberately called into question the trial proceedings. Channel 24 had facilitated this behavior by broadcasting the offending statements of the guests.  Continue reading

25 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Prosecution Closing Statements

Today the Tribunal heard matters in the following case:

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

Prosecutor Haider Ali concluded the Prosecution closing arguments in the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan. In his concluding remarks, he sought the highest punishment of death sentence for both the Accused.

Prosecutor Haider Ali submitted that the series of events regarding the targeted abduction and killing of Bangalee intellectuals on the eve of Bangladesh’s victory in the nine months war against Pakistan is not disputed. However, in order to link these events to the Accused on trial, Counsel devoted some portion of his time today to highlighting discernible patterns and similarities between the abductions alleged in Charges 1 thru 11. The Prosecution argued that exhibited documentary evidence, including books and contemporaneous newspapers, corroborated by witness testimony, indicated that this targeted killing had been administered and executed systematically by Al-Badr paramilitary forces. Counsel further submitted that the Prosecution has successfully shown that Al-Badr death squad included Chowdhury Mueen Uddin as the Operation-in-Charge and Ashrafuzzaman Khan as Chief Executor. The Prosecutor argued that it was not necessary to prove that the Accused had given the specific instructions or orders for the targeted killing, because this could be deduced from circumstantial evidence. Continue reading

25 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Abdus Sobhan, Pre-Trial Submissions; Contempt Charges against Channel 24 and others

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Abdus Sobhan
  3. Chief Prosecutor vs. Channel 24 and others

Chief Prosecutor vs. Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, PW-26, the Investigation Officer (IO) Abdur Razzak, began to record his testimony in Court.

Chief Prosecutor vs. Abdus Sobhan

In the case of Abdus Sobhan, the Defense sought leave to have privileged communication with his client on Saturday. The Tribunal granted the request.

Contempt Proceedings

Today the Prosecution filed a petition for contempt under section 11(4) of the ICT Act, read with Rule 45 of Rules of Procedure.  The contempt charges are against the Managing Director of Channel 24, Chief Executive Officer of Channel 24, Executive Director of Channel 24, Head of Programme of Channel 24, Episode Producer of Muktobaak broadcasted on 18 September 2013 at 11 am, Mahmudur Rahman Manna (Anchor Muktoback of Channel 24), Dr. Zafrullah Chowdhury (Trustee of Gonosastho Kendra), and Mahfuz Ullah (General Secretary of Center for Sustainable Development). The Tribunal heard the petition and set tomorrow for passing an order. Continue reading

24 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Prosecution Closing Statements

Today the Tribunal heard matters in the following case:

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

Prosecutor Shahidur Rahman Prosecutor continued closing submissions in the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan. The two Accused are being tried jointly in absentia.  They are being represented by State-appointed defense counsels. The Accused Mueen is believed to be in London, while Ashrafuzzaman lives in New York. Counsel reviewed the testimony of each of the witnesses whose testimony the Prosecution wished to rely upon in support of the charges against the Accused. Continue reading