Monthly Archives: September 2013

18 September 2013: ICT-1 Daily Summary – Hartal Coverage of ATM Azharul Islam, Pre-Trial; Motiur Rahman Nizami, PW-23

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam
  2. Chief Prosecutor vs. Motiur Rahman Nizami

Today was the first day of a 48-hour countrywide shut down called by Jamaat-e-Islam. Due to the Hartal, our monitors could not safely travel to the Court to attend proceedings.  The following coverage was compiled from official court records and communication with the parties to the proceedings.The case of ATM Azharul Islam was scheduled for charge hearing today. However, the junior Defense Counsel sought adjournment, saying Senior Defense Counsel could not attend the Tribunal due to personal difficulties. The Prosecution opposed the motion, but the Tribunal agreed to adjourn the proceedings of the case until 23 September 2013. The Prosecution had already completed their submission on charge framing.

In the case of Motiur Rahman Nizami, the Court had scheduled cross-examination of Sayeda Salma Haque, Prosecution witness 23. The Prosecution could not produce the witness, however, and therefore sought additional time, which was granted.  Thereafter, the Tribunal adjourned the proceedings until 22 September.

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17 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Arguments; Ashrafuzzaman Khan & Chowdhury Mueen Uddin, PW-25 Examination

Today the Tribunal heard matters in the following cases:

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

Defense counsel for Mr. Abdul Alim continued his closing submission for the third day before Triubal 2. The Tribunal also recorded the testimony of the second Investigation Officer of the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan. The IO gave testimony as PW-25.

Alim: Defense closing submission on points of law

Defense Counsel, Mr. Ahsanul Haque Hena, continued his legal submissions on behalf of his client, Abdul Alim. He commenced his submission for the third day by discussing the issue of Shaon Lal Bajla’s Godighar (sitting room).  He then proceeded to discuss specific evidence pertaining to each of the charges, in turn. Continue reading →

17 September 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, Charge Framing Submissions

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Zahid Hossain Khokon

In the case of Zahid Hossain Khokon, the Prosecution completed their submission on charge framing. The State-appointed Defense Counsel, Abdus Shukur Khan, asked the Court to discharge Khokon from the alleged charges. After hearing both the sides, the Tribunal fixed 29 September as the date for issuing its order on charge framing.

The Prosecution alleged that Zahid Hossain Khokon was a Razakar commander from Nagarkanda. They submitted all of the documents they felt were necessary to support the charge framing order. The State-appointed Defense Counsel, representing an absent client, informed the Court that he had been unable to collect any information from his absconded client or his client’s family. He submitted that Zahid Hossain Khokon is an elected Mayor of Nagarkanda Municipal area, and argued that Khokon was not involved with the proposed charges. Defense argued that there are no documents to show that Khokon was a Razakar. Referencing a list submitted by the Prosecution, Defense pointed out that the document only mentioned the surname ‘Khokon.’ Counsel claimed this was inconclusive, and argued that the Razakar list was not Zahid Hossain Khokon. The Defense asked the Court to take note of the fact that, under Collaborators Act, no case had been filed against Khokon.

After hearing both the sides, the Tribunal fixed 29 September as the date for issuing its order on charge framing.

16 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Arguments; Ashrafuzzaman Khan & Chowdhury Mueen Uddin, PW-24 Examination

Today the Tribunal heard matters in the following cases:

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

Defense counsel for the Accused, Mr. Abdul Alim, continued his closing submission before Triubal 2. The Court also recorded the cross examination of the Investigation Officer who gave testimony as PW-24 in the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan.

Alim case: Defense closing submissions on points of law

Defense Counsel, Mr. Ahsanul Haque Hena, continued his legal submissions on behalf of his client, Abdul Alim. He began the session by focusing on general points about the political structure of the parties existing in 1971.  He argued that this historical information was pertinent to help the Court understand any ties the Accused had with these political parties. Continue reading →

16 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Application for Exclusion of Evidence and PW-23 Testimony

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

 In the case of Motiur Rahman Nizami, the Defense filed an application to exclude the testimony of Prosecution Witness 13, Shyamoli Nasrin Chowdhury, from the record. After hearing both sides argue, the Court passed an order. Thereafter, the Tribunal recorded the testimony of Prosecution witness 23, Sayeda Salma Mahmud.

Motion to Exclude Testimony

On 11 February 2013 the Prosecution filed an application under section 9(4) of the ICT Act, seeking permission to submit additional Prosecution documents, books, and CDs. On 20 February 2013 the Tribunal heard and allowed the application, pursuant to Order number 78. In closing submissions, the Defense submitted that they had applied for certified copy of that Order, but did not receive it from the Court until after they filed an application for inspection of the Order Sheets. Continue reading →