Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. Channel 24 and Others
2. Chief Prosecutor vs. Zahid Hossain Khokon

Contempt Proceedings

On 26 September 2013, the Tribunal issued a notice towards Channel 24 and others, asking them to give reply by 10 October as to why contempt proceedings should not be initiated against them. The order particularly asked Dr. Zafrullah Chowdhury and Mahfuz Ullah to personally appear before the Tribunal to explain positions they represented about the Tribunal on a talk Show on Channel 24. The Court further ordered that Channel 24 not broadcast the impugned episode again.

Today, 28 November 2013 was set for a hearing in these contempt proceedings. However, Mahfuz Ullah was not personally present before the Tribunal. Instead, he submitted a written reply through his lawyers. The Prosecution persisted in seeking the in-person appearance of Mahfuz Ullah before the Tribunal. The Tribunal agreed, setting 1 December 2013 as the date for expected personal appearance by Mahfuz Ullah.  They further fixed 24 December 2013 for a hearing on the contempt matter.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Hafizur Rahman Chanu (PW-8) and Alauddin Sheikh (PW-9). Thereafter, the state-appointed Defense Counsel cross-examined the witnesses. Both witnesses testified in support of Charge 5 and 7.

Examination-in-Chief of PW-8

Hafizur Rahman Chanu testified that in 1971 he was around fourteen to fifteen years old and a student of class 6. He testified that on 29 May 1971, a fight took place between Khokon, his accomplices and the Pakistani Army and freedom fighters. In that fight, Jafor, some members of the Pakistani army and three civilians were killed. He testified that after the fight, Khokon and his accomplices fled from the site. He stated that he witnessed the incident while hiding in a jungle. Chanu testified that after the death of Jafor, Khokon became Razakar commander of Nogorkanda.

He testified that on the morning of 30 May 1971, Khokon, his accomplices and members of the Pakistani Army came to their village. He hid with 50 to 60 people—including his father Mannan Mia, uncle Sattar Mia, brother Alauddin, uncle Kanchon Mridha, brother Eyub Mridha, mother Rohima Begum, sister Roksana, aunty Firoza Begum and others—at Velur Vita. He testified that Khokon, his accomplices and the Pakistani Army looted and set fire to the houses—including theirs. Suddenly, his 2-year-old sister Sheuli cried out and Khokon and his accomplices caught them at Velur Vita. He testified that they were divided into three groups and the adult males were asked to carry the looted goods. Among them, Alauddin refused to carry and because of his refusal, Khokon hit him with the butt of a rifle. He testified that he along with other youths were separated and taken about 200 to 250 yards away from the site. He testified that he heard the sound of brush fire and firings were coming from east side, where the Shukur Sheikh’s house was located, as well as from Madrassa area. He testified that when the Army left the spot, he hid again and came out when his father and uncle returned to their house to search for his mother, aunt and sister. He testified that they found the corpses of his sister Roksana, aunty Firoza Begum, cousin Koli Akter, aunty Rahima Begum, and grandmother Boru Khatun; in total corpses of 16 persons were beside the house of Sattar Mia. He testified that in the same place they found his mother Rahima Begum, sister Sheuli, causin Kochi Mia, cousin Lavlu, aunty Sufiya Begum, Boru Khatun (grandmother of Alauddin Sheikh) with injuries and bullet wounds. He stated that his mother is still suffering from the injury and cannot move. He testified that he saw the bullet-riddle dead bodies of Afzal Mia and Shukur Sheikh in the jute field located north of Shukur Sheikh’s house.

He testified that on 31 May 1971, Khokon, his associates and members of the Pakistani Army went to Dighalia Canal to search for the corpses of the Pakistani Army members who died on 29 May 1971. However, they did not find any, which made them angry and they attacked the houses of Pigir Uddin, Afaz Uddin and Sadek located at Kodalia village. He testified that they set the houses of Pigir Uddin, Afaz Uddin and Sadek on fire and the three of them died in that arson attack. He stated that he witnessed the arson attack while he was hiding in a bush, and when the Accused and others left the site, he buried the corpses. He acknowledged giving an interview to the Investigating Officer and testified that Khokon is not present at the dock of the Tribunal.

Cross-Examination of PW- 8

The state-appointed Defense counsel asked the witness whether he is a freedom fighter. The witness replied that he is not a freedom fighter. The Defense asked the witness with whom the accused Khokon was involved before going into hiding. The witness replied that Khokon was involved with the politics of Jamaat-e-Islami. The Defense claimed that Razakar Jafor and Razakar Aynal were killed during the Liberation War, and the witness admitted this. The Defense claimed that the freedom fighters killed all of the Razakars of their village, and because Khokon was not Razakar, freedom fighters did not kill him. The witness replied that this is not true. The Defense claimed that Khokon was a freedom fighter and participated in the Liberation War while residing at Purbo Para camp from 25 November to 16 December 1971. The witness denied this claim. The Defense then claimed that the witness gave false testimony accusing Khokon and further claimed that the Accused Khokon was not a Razakar and was not involved in any crimes against humanity. The witness denied all of these statements. The Defense added that the witness, in his initial interview to the Investigating Officer, did not say that he witnessed the whole incident while hiding in the jungle, that Khokon became Razakar commander after the death of Jafor, or that the Razakars found them in the Velur Vita after his 2 year old sister cried out. The witness replied that he did make all of these statements to the Investigating Officer.

Examination-in-Chief of PW- 9

Alauddin Sheikh testified that in 1971 he was fourteen to fifteen years old and a student of class 6. He testified that on 29 May 1971, a fight took place between Khokon, his accomplices and the Pakistani Army and the freedom fighters. In that fight, Jafor, some members of Pakistani Army, and three civilians were killed. He testified that he witnessed the incident from a hiding place.

He testified that around 8 or 8:30 am on 30 May 1971, Khokon, his accomplices and members of the Pakistani Army came to their village, and he and others subsequently hid themselves in the Velur Vita. He testified that Khokon, his accomplices, and the Pakistan Army looted and set their house on fire. He testified that Razakars then started to search for them and found him along with 50 to 60 others at Velur Vita, divided them into three groups, and asked the adult males to carry the looted goods. Kanchon Mridha, Mannan Mia, Sattar Mia and Ingul Kha were bound to go to Nogorkanda with the looted goods. Allauddin testified that he refused to go north of the canal where youths were taken, and due to his refusal, Khokon hit him with the butt of a rifle.

He testified that he heard the sound of brush fire and firings coming from the south-west side and from the Madrassa area. When Pakistani Army left the spot for Iswardi, they returned to their home; he hid himself and came out when Kanchon Mridha, Sattar Mia, Mannan Mia returned into the home. He testified that then they went to the site from where the sounds were coming and found the corpses of 16 persons, including the corpses of Roksana, Sheuli, Helena and others. He testified that in the same place they found the mother, sister, aunty and grandmother (Boru Khatun) of Hafizur Rahman Chanu (PW-8) with injuries and bullet wounds. He also saw the bullet-riddled dead body of his father Shukur Sheikh and Afzal Mia in the jute field. He testified that he along with others buried the corpses the next day.

He testified that on 31 May 1971 around 8 or 8:30 am, Khokon, his associates and members of the Pakistani Army went to Dighalia Canal to search for the corpses of the Pakistani Army members who died on 29 May 1971. However, they did not find any corpses, which made them angry and they attacked the houses of Pigir Uddin, Afaz Uddin and Sadek. He testified that they set the houses of Pigir Uddin, Afaz Uddin and Sadek on fire and the three of them died in the arson attack. The attackers then left the spot for Bonogram. He testified that he witnessed the arson attack while hiding from a bush, and when the Accused and others left the site, he went to the site and their corpses were buried. He testified that the corpse of his father was buried beside their home. He acknowledged giving an interview to the Investigating Officer and testified that Khokon is not present at the dock of the Tribunal.