Monthly Archives: October 2013

10 October 2013: ICT-2 Special Report – AKM Yusuf, Bail Hearing; Jahir Uddin Jalal alias Bicchu, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

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

On 10 October 2013 heard a bail application from senior Defense counsel Abdur Razzak, on behalf of AKM Yusuf.  Counsel sought release of the Accused on grounds of recent deterioration of his health. The Court directed the jail authorities to submit an updated health report to the Tribunal, reflecting the latest health condition of the Accused. It fixed 23 October 2013 as the next date for passing further orders in regard to his bail.

Also today, the tribunal passed its long awaited order in the contempt proceedings against Jahir Uddin Jalal. These contempt proceeding had received significant attention from the Bangladeshi public, in particular amongst members of the Bar, so we elected to review the charges in detail here, as compiled from previous daily summaries where we covered the matter.

Continue reading →

Special Report: Alim Found Guilty on 9 Charges, Sentenced to Life Imprisonment

On 9 October 2013, Tribunal 2 issued its fifth verdict, concluding the case of Chief Prosecutor vs. Md. Abdul Alim alias M.A. Alim. The Tribunal found Alim guilty on nine of seventeen charges: specifically Charges 1, 2, 6, 7 8, 9, 10, 12, 14. He was acquitted of Charges 3, 4, 5, 11, 13, 15, 16 and 17.

The Charges and the Verdict:

  • Charge 1: Participating and substantially abetting and contributing the actual commission of the offence of deportation as Crime Against Humanity, committed against a member of the civilian population named Meher Uddin Chowdhury belonging to Awami League of Dom Doma village in Panchbibi. Charged under Section 3(2)(a) (g) and Section 4(1) of the International Crimes (Tribunals) Act, 1973.

Special Report: Chief Prosecutor vs. Gholam Azam Verdict and Legal Findings

This special report provides a detailed overview of the factual and legal findings of the International Crimes Tribunal (ICT) Judgment in Chief Prosecutor vs. Professor Gholam Azam. Gholam Azam was found guilty on all five charges and sentenced to 90 years imprisonment. The Tribunal made a point of noting that he deserved the death penalty, but because of his age and illness, they saw fit to sentence him to life imprisonment instead. Arguments in the case were completed on 17 April 2013 and the verdict was issued on 15 July 2013. It was the second verdict to be issued by Tribunal 1, and the fifth verdict issued by the ICT. Our previous special report on the Gholam Azam case reported in detail on the documentary and testimonial evidence used to support each count within each distinct charge against the Defendant, as well as the general arguments made by both parties. This report focuses on the legal outcomes of the case.

The full report is available here:Special Issue No. 5 – Gholam Azam Case Verdict

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

Today the Tribunal heard matters in the following case:

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

State-appointed counsel for Asharafuzzaman, Mr. Abdus Shukur Khan, followed up on the prvious day’s closing submittions, seeking acquittal for his client, Ashrafuzzaman. In the absence of client instruction, the ambit of discussion and closing submission was limited and brief.

Tribunal 2 allowed Prosecutor Shahidur to make some closing comments in reply to the closing argments made today and yesterday by State-appointed defense counsels for the Accused. The Tribunal then declared that the case was to be put as CAV (Curia advisari vult), a latin legal term meaning that the court wished to take the evidence under consideration for a final Judgment.

These are the second and third individuals to be tried in absentia at the ICT. Prior to this case, Abul Kalam Azad alias Bacchu was the first to be tried by the tribunal without being present in court to face the charges against him.

30 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Human Rights Watch Contempt Proceedings; Mir Qasem Ali, Pre-trial Submisisons

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Human Rights Watch
  2. Chief Prosecutor vs. Mir Qasem Ali
  3. Chief Prosecutor vs. Motiur Rahman Nizami

Contempt Proceedings

On 2 September 2013, the Tribunal issued a notice to Human Rights Watch Board of Directors, Executive Directors of Asia Division, Brad Adams, and Associate of Asian Division, Storm Tiv, asking them to submit an explanation within three weeks as to why contempt proceedings should not be brought against them for the publication of an article titled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings: Analysis Outlines how Fair Trial, Rights of Accused Seriously Compromised’ regarding the judgment in the Gholam Azam’s case. Today, Md Asaduzzaman appeared on behalf of Human Rights Watch.  However, he informed the Tribunal that he had not yet secured a signed power of Attorney, so he sought additional time from the Court, before proceeding. The Tribunal agreed to adjourn the proceedings in this matter until 4 November 2013.  Continue reading →