Monthly Archives: December 2013

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 Executed

Pursuant to the orders of the Court, following the final verdict against him, Abdul Quader Molla was executed today, at 10:01 PM Bangladesh local time.

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.

10 December 2013: ICT-2 Daily Summary – Hartal Coverage of Abdul Quader Molla, Supreme Court Sentence Received and Warrant of Execution Issued; AKM Yusuf, Examination of PW-17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla
  2. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Today the ICT received the case record of Chief Prosecutor vs. Abdul Quader Molla from the Appellate Division of the Supreme Court, along with the Appellate Division’s full Judgment and Order, dated 17 November 2013, in the appeal against conviction (Criminal Appeal Nos. 24-25 of 2013) from Abdul Quader Molla. In its Judgment, the Supreme Court, which is the highest court of appeal, converted the sentence from imprisonment for life, conferred by ICT-2, to “sentence of death.”

The Tribunal also recorded testimony today from PW-17 in the case against AKM Yusuf.

Judgment of the Appellate Division of the Supreme Court of Bangladesh

Following the Judgment and sentencing passed on 5 February 2012 by ICT-2 against Abdul Quader Molla, the State filed Criminal Appeal No. 24 of 2013 seeking enhancement of the sentence from life imprisonment, and appealing against an order of acquittal that had been issued in respect of Charge 4. The Defense filed Criminal Appeal No. 25 of 2013 appealing against conviction of Quader Molla.

The Appellate Division unanimously found in favor of the State’s Appeal, and elected by a 4 to 1 majority to change the sentence from imprisonment for life to death. The Appellate Court further set aside the order of acquittal on Charge 4, instead finding the Accused guilty of the charge, and sentencing him to life imprisonment on that count.

The Appellate Division unanimously dismissed the Defense appeal against conviction on Charge 6, and held by a 4 to 1 majority that the conviction and sentence passed in respect of Charges 1, 2, 3 and 5 should be maintained.

A full copy of the judgment of the Appellate Division of the Supreme Court can be accessed here: Abdul Quader Molla-SC Appellate Division Judgment

Warrant of Execution of Passed

Upon receiving the Appellate Division’s full judgment, ICT-2 instructed the Registrar of the Tribunal to immediately issue a Warrant of Execution on the death sentence. It ordered the Registrar to ensure quick transmission of the Warrant of Execution to the prison authority, directing the Registrar to return the warrant to the Tribunal with an endorsement certifying that the sentence has been executed. The Court also ordered that the Judgment and Order of the Appellate Division be transmitted to the Dhaka District Magistrate and the Secretary of Ministry of Home Affairs for information and necessary compliance with the law.

A copy of the “Warrant of Execution”, issued by ICT-2 can be accessed here: Death warrant of Abdul Quader Molla

Switching cases, ICT-2 moved on to recording the examination-in-chief of PW-17 in the case against AKM Yusuf, after the cross-examination of PW-16 was closed because senior defense counsel was absent, once again. Continue reading →