Monthly Archives: September 2013

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 →

24 September 2013: ICT-1 Daily Summary – ATM Azharul Islam, Pre-Trial Submissions

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. ATM Azharul Islam

In the case of ATM Azharul Islam, the Defense made pre-trial submissions seeking dismissal of all charges against the Accused, ATM Azharul Islam, under Rule 37 of the Tribunal’s Rules of Procedure. Having heard partial arguments, the Tribunal adjourned the proceedings until 3 October 2013, when they will hear the remaining portion of Defense arguments.

Defense Submissions

The Accused in this case faces six charges of Crimes Against Humanity.  The proposed charges include allegations of abduction, confinement, torture, persecution, rape and other inhuman act as underlying elements of Crimes Against Humanity. Defense argued that there is no reference to arson or looting or grievous hurt in section 3(2)(a) of the ICT Act 1973, nor is there any evidence to show that these offences were crimes under customary international law in 1971.  As such, Counsel submitted, there is no scope for framing charges against the Accused petitioner for these particular crimes. In support of their submission, the Defense called the Court’s attention to Article 22(2) of the Rome Statute for the ICC. Continue reading →

23 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 began his closing submissions by reviewing background and procedural details of 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.

Prosecution Shahidur Rahman began his submission with the historical background of the cases, prompting the Bench to asked the Prosecution not to re-iterate the general historical backgrounds of Bangladesh’s Liberation War in 1971, of which the court was already aware and had already given its findings in Judgments previously delivered. The Court urged counsel to briefly enumerate only the extraordinary facts particularly relevant for this case.  Continue reading →

23 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, PW-24 and PW-25

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Prosecution filed an application under 9(4) of the ICT Act, to admit 13 books as additional documents. The Defense filed another application under 19(2) of the ICT Act, to allow the statements of three deceased Prosecution witnesses. Thereafter, Tribunal recorded the testimony of two seizure list witnesses—Azabuddin Mia (PW-24) and Swapon Kumar Biswas (PW-25)—and the Defense conducted cross-examination. Continue reading →