Category Archives: Daily Summaries

October 2013: ICT-2 Monthly Overview of Progress of Cases – Abdul Alim, Final Verdict; Jahir Uddin Jalal, Contempt Proceedings

Due to funding uncertainties late in the year, our project was forced to take a hiatus in the month of October.  During this time, our trial observers were not physically present in the courtroom to observe proceedings.  Trial observation resumed in November, after additional funding was secured to continue the project.  In the interest of continuity, we have compiled two brief posts—one for ICT-1 and the other for ICT-2— highlighting major developments in each of the cases that took place during our October hiatus. As we have done with Hartal coverage of the proceedings, the following information was compiled from official court records and communication with the parties to the proceedings.

This month, the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Jahir Uddin Jalal
  3. Chief Prosecutor vs. AKM Yusuf

Tribunal 2 made more limited progress in October than in other months due to a combination of holidays and hartals. The Court was adjourned a number of days in observance of government holidays for Durga Puja (an important Hindu festival) and Eid-ul-Azha (an important Muslim festival), followed by several country-wide hartals, called by the major opposition parties of Bangladesh. The Court convened on 9 October 2013 to deliver Judgment in the case of Chief Prosecutor vs. Abdul Alim, and again on 10 October 2013 to hear arguments in the contempt proceedings against a Prosecution witness, Mr. Jahir Uddin Jalal. These major days of proceedings are covered separately in dedicated daily posts for each day.  Aside from the Judgment and the contempt proceedings, the following highlights the Court’s schedule in October. Continue reading →

10 October 2013: ICT-2 Special Report – AKM Yusuf, Bail Hearing; Jahir Uddin Jalal alias Bicchu, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf
  2. Chief Prosecutor vs. Jahir Uddin Jalal

On 10 October 2013 heard a bail application from senior Defense counsel Abdur Razzak, on behalf of AKM Yusuf.  Counsel sought release of the Accused on grounds of recent deterioration of his health. The Court directed the jail authorities to submit an updated health report to the Tribunal, reflecting the latest health condition of the Accused. It fixed 23 October 2013 as the next date for passing further orders in regard to his bail.

Also today, the tribunal passed its long awaited order in the contempt proceedings against Jahir Uddin Jalal. These contempt proceeding had received significant attention from the Bangladeshi public, in particular amongst members of the Bar, so we elected to review the charges in detail here, as compiled from previous daily summaries where we covered the matter.

Continue reading →

Special Report: Alim Found Guilty on 9 Charges, Sentenced to Life Imprisonment

On 9 October 2013, Tribunal 2 issued its fifth verdict, concluding the case of Chief Prosecutor vs. Md. Abdul Alim alias M.A. Alim. The Tribunal found Alim guilty on nine of seventeen charges: specifically Charges 1, 2, 6, 7 8, 9, 10, 12, 14. He was acquitted of Charges 3, 4, 5, 11, 13, 15, 16 and 17.

The Charges and the Verdict:

  • Charge 1: Participating and substantially abetting and contributing the actual commission of the offence of deportation as Crime Against Humanity, committed against a member of the civilian population named Meher Uddin Chowdhury belonging to Awami League of Dom Doma village in Panchbibi. Charged under Section 3(2)(a) (g) and Section 4(1) of the International Crimes (Tribunals) Act, 1973.

Special Report: Chief Prosecutor vs. Gholam Azam Verdict and Legal Findings

This special report provides a detailed overview of the factual and legal findings of the International Crimes Tribunal (ICT) Judgment in Chief Prosecutor vs. Professor Gholam Azam. Gholam Azam was found guilty on all five charges and sentenced to 90 years imprisonment. The Tribunal made a point of noting that he deserved the death penalty, but because of his age and illness, they saw fit to sentence him to life imprisonment instead. Arguments in the case were completed on 17 April 2013 and the verdict was issued on 15 July 2013. It was the second verdict to be issued by Tribunal 1, and the fifth verdict issued by the ICT. Our previous special report on the Gholam Azam case reported in detail on the documentary and testimonial evidence used to support each count within each distinct charge against the Defendant, as well as the general arguments made by both parties. This report focuses on the legal outcomes of the case.

The full report is available here:Special Issue No. 5 – Gholam Azam Case Verdict

30 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Prosecution Closing Comments

Today the Tribunal heard matters in the following case:

1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

State-appointed counsel for Asharafuzzaman, Mr. Abdus Shukur Khan, followed up on the prvious day’s closing submittions, seeking acquittal for his client, Ashrafuzzaman. In the absence of client instruction, the ambit of discussion and closing submission was limited and brief.

Tribunal 2 allowed Prosecutor Shahidur to make some closing comments in reply to the closing argments made today and yesterday by State-appointed defense counsels for the Accused. The Tribunal then declared that the case was to be put as CAV (Curia advisari vult), a latin legal term meaning that the court wished to take the evidence under consideration for a final Judgment.

These are the second and third individuals to be tried in absentia at the ICT. Prior to this case, Abul Kalam Azad alias Bacchu was the first to be tried by the tribunal without being present in court to face the charges against him.