13 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Mobarak Hossain, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, today was set for the Defense to continue closing arguments, but junior Defense Counsel sought adjournment once again on the ground of “personal difficulties.” The junior Defense Counsel submitted that his senior Mizanul Islam could not come to the Tribunal because he was ill. The Tribunal passed an order keeping the case in CAV (case awaiting verdict).  The order noted that, 3 days time had been fixed for closing argument by the Prosecution, and 4 days time for the Defense. The dates for the Defense arguments had originally been scheduled as 6, 7,10 and 11 November 2013. Defense Counsel failed to appear on the 6th, made partial submissions on the 7th, and then failed to appear again on the 10th, 11th and 12th.  The 13th of November was offered as the final chance for Defense to appear.  The order stated that the Tribunal cannot wait for an indefinite period of time for the so-called ‘personal difficulties’ of Defense Counsels.  Accordingly, the Court concluded that the Defense had forfeited the opportunity to make closing submissions orally. Counsel were invited to submit the rest of their arguments in writing to the Tribunal within 5 days.

Mobarak Hossain

In the case of Mobarak Hossain, today was set for further cross-examination of the Investigation officer. The junior Defense Counsel submitted that the Defense Counsel Ahsanul Huq Hena was in Chittagong and could not reach Dhaka due to ongoing nationwide Hartals. The Tribunal agreed to adjourn the proceedings of the case until 17 November 2013.