Monthly Archives: December 2013

5 December 2013: ICT-1 Daily Summary – ATM Azharul Islam, Pre-Trial hearing on charge framing order, Prosecution opening statements.

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. ATM Azharul Islam

In the case of ATM Azharul Islam, today was set to hear a petition filed by Defense to review the charge framing order. The hearing was previously rescheduled on December 2.  However, the senior Defense Counsel Abdur Razzak, who was supposed to argue the petition, was once again absent from the Tribunal.  Defense again sought adjournment on the grounds of “personal difficulties.” The Tribunal agreed once again to push back the hearing, setting 8 December for the review petition.

Despite senior Defense Counsel’s absence, the Prosecution proceeded to place their opening statements and read out all of the six charges brought against ATM Azharul Islam.  The allegations accuse him of genocide, killings, abduction, confinement, torture, rape, looting and arson attack. The Prosecution described ATM Azharul Islam as President of Islami Chhatra Shangho (student wing of Jamaat-e-Islami) and Al-Badr commander of Rangpur. The Tribunal set 19 December 2013 to begin recording the testimony of Prosecution witnesses. The Prosecution also filed a petition to allow three Prosecution witnesses to testify in camera. The Tribunal set 8 December 2013 for a hearing of arguments from the parties on this petition.

3 December 2013: ICT-2 Daily Summary – Hartal Coverage of AKM Yusuf, PW-14 Cross-Examination Closed

Today the Tribunal heard matters in the following case:

  1. 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.

Despite the ongoing countrywide blockade, ICT-2 was scheduled to record the cross-examination of PW-14 in the case against AKM Yusuf . However, junior defense counsel, Mr. Gazi M H Tamim informed the tribunal that the senior counsel, Mr. Syed Mizanur Rahman, would not be able to appear in court due to the hartal. The Tribunal closed the cross-examination of PW-14 after the junior defense counsel explained that he would be unable to proceed with the cross-examination in the absence of his learned senior counsel. The Tribunal then adjourned for the day.

3 December 2013: ICT-1 Daily Summary – Mobarak Hossain, Defense Case-in-Chief; Zahid Hossain Khokon, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

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

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However the senior Defense Counsel for Mobarak Hossain was absent from the Tribunal once again, and the junior Defense Counsel sought adjournment for 3 additional days.  He gave the same explanation as on December 1, saying that senior Defense Counsel Ahsanul Huq Hena is in Chittagong, and could not manage to come to Dhaka due to the ongoing blockades. The Tribunal granted the adjournment, and scheduled 8 December 2013 to reconvene in the case.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, today was set for recording the testimony of Prosecution witness 10, however the Prosecution submitted that the Prosecution witnesses could not come Dhaka due to the ongoing blockades.  Accordingly, they sought adjournment. The Tribunal granted this request, adjourning the proceedings in the case until 9 December 2013.

2 December 2013: ICT-2 Daily Summary – Hartal Coverage of AKM Yusuf, Cross-Examination of PW-13 Closed, Examination-in-Chief of PW-14

Today the Tribunal heard matters in the following case:

  1. 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.

ICT-2 was scheduled to record the cross-examination of PW-13 in the case against AKM Yusuf. However, junior defense counsel, Mr. Gazi M H Tamim informed the tribunal that the senior counsel, Mr. Syed Mizanur Rahman, could not appear in court due to the hartal. The Tribunal elected to close the cross-examination of the witness, because junior defense counsel confirmed that he would be unable to proceed with the cross-examination in the absence of his senior counsel.

The Tribunal then proceeded to record the examination-in-chief of PW-14. The Court fixed 3 December 2013 for recording the cross-examination of this witness.   The Bench emphasized that, if the Defense chose to continue their absence on hartal and blockade days, the Court would continue in their absence, rather than sit idle. As it had done with PW-12 and PW-13, the Court would simply close the cross-examination of PW-14 and proceed to the next witnesses if Defense chose not to be present to conduct the questioning. Continue reading →