Monthly Archives: December 2013

15 December 2013: ICT-1 Daily Summary – ATM Azharul Islam, Hearing on Petition for Review of the Charge Framing Order; Mobarak Hossain, DW-1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam  
  2. Chief Prosecutor vs. Mobarak Hossain

ATM Azharul Islam

In the case against ATM Azharul Islam, today was set for hearing an application filed by the Defense for review of the charge framing order. Junior Defense Counsel sought adjournment for one additional day, saying that senior Defense Counsel Abdur Razzak could not appear due to “personal difficulties.” The Prosecution opposed the request. The Court asked the junior Defense Counsel whether he could assure the Tribunal that his senior would definitely appear the next day, if granted another adjournment.  The junior Defense Counsel replied that he could not ensure the appearance of his Senior. The Tribunal therefore denied the request for adjournment, and rejected the petition for review of the Charge Framing Order, stating that the review petition had no substance.  The Tribunal noted that it had already deferred the hearing four times.  In denying the original motion, the Order of the Court concluded the charges had been properly framed on the basis of documents filed by the Prosecution.

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of Defense Witness 1, the Accused. Senior Defense Counsel was absent, so junior Defense Counsel conducted the examination-in-chief. The Tribunal recorded the testimony of the Accused as DW-1. Thereafter, the Prosecution cross-examined Mobarak Hossain. The Tribunal adjourned the proceedings of the case until 24 December 2013.        Continue reading

12 December 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-16; Fakhrul Islam, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon
  2. Chief Prosecutor vs. Fakhrul Islam   

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Kolom Sheikh, Prosecution Witness 16. State-appointed Defense Counsel then cross-examined the witness. The witness testified in support of Charge 6. Thereafter, the Tribunal adjourned the proceedings of this case until 23 December 2013.

Fakhrul Islam

In the contempt proceedings against Fakhrul Islam, Defense Counsel for Salauddin Qader Chowdhury, today was set for a hearing. However, Fakhrul Islam was absent from the Tribunal because he had been arrested on 20 November 2013 for alleged involvement in the leaking of a draft verdict passed against Salauddin Qader Chowdhury.  This charge has been brought against him under the Information and Communication Technology Act of 2006. Today, 12 December 2013, junior of Fakhrul Islam appeared on his behalf. The Tribunal set 12 January 2014 for the next hearing on contempt matters. Continue reading

12 December 2013: ICT-2 Update – Abdul Quader Molla, Execution Imminent

This morning, the Supreme Court’s Appellate Division dismissed the request to review a petition on behalf of Quader Molla, who has been sentenced to death by the ICT. This marks the final opportunity to seek review of his case. Execution is expected to be carried out tonight, despite Defence counsel is claims that execution cannot legally be carried out until the full order of dismissal is communicated by the Supreme Court. Defense Counsel have further asserted that, even if the full order is communicated today, questions remain about the applicability of a Jail Code that would accord further time to the accused for seeking President’s mercy.

The political situation in the country is tense and there have been outbursts from of Pro-Jamaat lawyers in the court.

11 December 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-14 and PW-15; Mobarak Hossain, DW-1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon
  2. Chief Prosecutor vs. Mobarak Hossain

Due to blockades and political unrest over the anticipated execution of Abdul Qader Molla, our monitors could not safely travel to the Court to attend proceedings today.  The following coverage was compiled from direct communication with the parties to the proceedings, as even local media coverage of the proceedings was scant for this day.

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Prosecution Witness 14 and Prosecution Witness 15. The state-appointed Defense Counsel cross-examined both witnesses. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 12 December 2013.

In the case of Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However, the senior Defense Counsel for Mobarak Hossain was absent, and the junior Defense Counsel sought adjournment on behalf of his senior. The Tribunal granted the motion, and adjourned the proceedings in the case until 15 December 2013.