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.  

Mubarak Hossain: Examination-in-Chief of PW-11

PW-11, Chaman Sikander Julkernine, testified based on firsthand knowledge about an incident of torture and killing of a youth at Anandamoyi Kalibari, a temple.  The witness testified that he was 10 or 11 years old in 1971, and a student in class 5 at Annoda Government High School. In the second or third week of July, their a clerk brought a notice from Headmaster for the class to go to Anandamoyi Kalibari (a temple) to visit a miscreant. Julkernine testified that he and the other students of their class went to Anandamoyi Kalibari, and found a signboard in the gate titled ‘Razakar Monjil’. With the permission of the commander, they entered inside the gate of Anandamoyi Kalibari and came upon an unconscious youth, 18 or 19 years old, with a bullet wound in the leg, lying on the veranda of the temple. The youth was crying for water, but the Razakars refused to give him water unless he said the words ‘Pakistan Jindabad.’  Julkernine testified that after the youth refused to say these words, the Razakars offered him their own urine to drink. Several days later, the wounded youth was no longer at this spot, according to the witness. He testified that he came to know that Razakars led by the Accused, Mobarak, had shot the youth beside the Kurulia canal. The witness identified Mobarak in the dock and acknowledged that he gave an interview to the IO.

Mubarak Hossain: Cross-Examination of PW-11

Defense sought to undermine the witness’ credibility by establishing that he was in fact only four years old in 1971. The witness denied the suggestion. The Defense asked the witness about the names of his teachers who were teachers of Annoda Government High School at that time and whether they are still alive. The witness replied that 5 or 6 teachers of Annoda Government High School of that time are still alive. Defense counsel also spent some time inquiring about the political affiliations of the witness.

To test the veracity of the details of the witness’ story, the Defense asked the witness numerous questions about the location of Anandamoyi Kalibari and the surroundings.  Defense asked the witness whether he had read a book titled ‘Muktizuddhe Brahmanbaria,’ by Joidul Haque. When the witness replied in the affirmative, Defense counsel asked the witness whether he had found the incident which he described before the Tribunal in that book. The witness replied that he could not remember.

The Defense asked the witness whether he saw the name of Mubarak in any newspaper before 2010. The witness confirmed that he saw the name of Mubarak in the local newspapers. When the Defense asked the witness whether he had any documents in support of his claim that Mubarak was a Razakar, the witness acknowledged that he did not have any such documents. The Defense accused the witness of being an Awami League activist and a freedom fighter. The witness denied both allegations.

The Defense alleged that the witnesses had neglected to convey his story about the youth and the water to the IO in his initial interview, but the witness denied this allegation. Counsel suggested that the witness had come to the Court to give false testimony, motivated by political rivalry. The witness denied the allegation.