Category Archives: Daily Summaries

28 March 2013: ICT-1 Daily Summary – Hartal, Shortened Coverage

Today due to an opposition led hartal (strike) our researchers were unable to attend proceedings. We have compiled the following summary from media sources and conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury – Cross-Examination of Prosecution Witness 22

Ahsanul Huq Hena, Senior Defense Counsel for Salauddin Qader Chowdhury cross-examined Anil Baran Dhar, PW-22. Thereafter, Tribunal adjourned the proceedings of the case until April 1, 2013

Cross-examination of Prosecution Witness 22
Prosecution witness 22, Anil Baran Dhar, testified that he filed a case at the Raozan Police Station on 5 April 1972 under section 148/149/302/34, accusing 16 persons including Salauddin Qader Chowdhury and his father Fazlul Qader Chowdhury. However, the witness testified that he cannot remember whether a Charge Sheet was issued against Fazlul Qader Chowdhury and Salauddin Qader Chowdhury. He said that after filing the case he did not stay up to date on the case’s progress and denied that he actually knew everything about the case. Dhar testified that the Pakistani Army first went to Raozan on 13 April 1971. He said that he could not remember whether Sheikh Mujibur Rahman used his speech on 7 March 1971 to call on the people to form Shangram Parishad (committees for preparation of conflict) in each and every village and town to stand against Pakistan. Dhar testified that he did not know whether any committee was formed in Raozan to stand against Pakistan. He additionally said he did not know what was written on his SSC certificate as his date of birth.

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27 March 2013: ICT-1 Daily Summary – Hartal Shortened Coverage

Today due to an opposition led hartal our researchers were unable to attend proceedings. We have compiled the following summary from media sources as well as through conversations with the Defense and the Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam – Defense Application for Privileged Communication with the Accused, Adjournment of Proceedings

On March 24, 2013 Tajul Islam, Defense Counsel of Gholam Azam filed an application seeking permission to meet with his client Gholam Azam. Today the Tribunal allowed the Defense’s request for privileged communication with the Accused, scheduling Abdur Razzaq, Sishir Monir and Gholam Azam to meet on 30 March from 10 am to 1 pm.

The Defense was scheduled to continue their Closing Arguments today, addressing the legal issues based on Charges 1 to 4. However, Senior Defense counsel Abdur Razzaq was not present and a junior Defense attorney requested two days of adjournment for the senior lawyer due to personal difficulties. Prosecutor Sultan Mahmud Simon opposed the prayer. The Tribunal allowed the adjournment prayer but imposed costs of Thaka 5,000 on the absent lawyer.

27 March 2013: ICT-2 Daily Summary – Hartal, Shortened Coverage

Due to today’s hartal (strike) our researchers were unable to attend proceedings. We have compiled the following short summary from media sources as well as through conversations with the Prosecution and the Defense. 

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman

In the Kamaruzzaman case the Prosecution continued their Closing Arguments, addressing the evidentiary aspects of Charges 4 – 7. Prosecutor Saiful Islam evaluated the testimony of the prosecution witnesses in relation to each charge.

CHARGE 4:  Killing of Golam Mostafa
Date of Occurrence: 23 August 1971.
Place of Occurrence: Serih Bridge, Gridda Narayanpur village, Mostafabag, Sherpur.
Witnesses in Support of Charge: Prosecution Witnesses 2, 5 and 14.

Charge 4 concerns the murder of a civilian named Golam Mostafa who was allegedly taken from College Morh on Mostafabag Thana Road and taken to Serih Bridge where he was killed. Another victim by the name of Abul Kasem was taken with Golam Mostafa but managed to escape after being shot by jumping into the river flowing under the bridge.

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25 March 2013: ICT-2 Daily Summary – Kamaruzzaman Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman

The day’s proceedings began later than usual due to the late arrival of senior Prosecutor Saiful Islam. The court sat at 10:35 A.M but adjourned for half an hour after waiting for the Prosecutor to arrive. After his arrival the Tribunal reconvened and chastised the Prosecutor for his tardiness. They warned that he would face sanctions if similar incidents occured in the future.   The prosecutor then moved on to address the evidentiary aspects of each of the charges against Kamaruzzaman.

Charge 1:  Torture and murder of Badiuzzaman
Date of Occurrence: 29 June 1971 and 30 June 1971.
Place of Occurrence: Ahammad Nagar Army Camp
Witnesses in support of the Charge: Prosecution witnesses  4 and 6.

Both the prosecution witnesses in support of this charge provided testimony based on hearsay evidence. Prosecution witness 6 additionally gave testimony in relation to some circumstantial evidence. The testimony of Prosecution witness 4 involves multiple hearsay, meaning that the information was relayed through more than one person before being received by the witness. Prosecution witness 6 testified that Kamaruzzaman accompanied the group who abducted the victim. The Prosecution argued that they have evidence showing that the accused led the group. However, the judges stated that  such evidence would not be of high significance because Charge 1 against Kamaruzzaman is not framed under Section 4(2) of the ICT Act of 1973, which provides for liability due to command responsibility.

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