Category Archives: East West Center

10 November 2013: ICT-2 – Hartal Coverage of Syed Mohammad Qaisar, Charges Pressed by the Prosecution

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Syed Mohammad Qaisar

The BNP-led-18-party opposition alliance enforced a continuous 84-hour countrywide hartal from 10 November 2013 until 13  November 2013.  This marked the opposition’s longest continuous hartal after the Eid vacation, significantly slowing down the proceedings of the Tribunal. Due to the Hartal, our researcher could not safely travel to the Tribunal to be present in Court.  The following coverage was compiled from direct communication with Court officials, parties to the proceedings, and news coverage of the day’s events.

Despite the hartal, the Prosecution pressed a total of 18 charges against Syed Mohammad Qaisar who was under investigation for his wartime role and alleged involvement with the Rajakar forces and Peace Committee in the Habiganj area of greater Sylhet. The formal charges against Qaisar were submitted to the Registrar Office of the Tribunal by Prosecutor Tureen Afroz and Prosecutor Ziad Al Malum.

The 18 charges pressed against the accused include 11 incidents concerning his involvement in the killing of approximately 155 people, 2 incidents concerning rape, and 5 incidents involving abduction, looting, arson and miscellaneous other crimes. All of these incidents allegedly occured between April and November in 1971. Our researchers have thus far been unable to obtain a copy of the formal charges submitted.

Previously, on 5 August 2013, Qaisar was granted conditional bail by ICT-2, due to his health condition.

7 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Order transferring case back to ICT-1 for review; AKM Yusuf, PW-3

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

Tribunal 2 passed an order today, sending the case of Mir Quasem Ali back to Tribunal 1 for disposal of an application filed on behalf of the Defense seeking review of the Charge Framing Order. The Charge Framing Order had been passed by Tribunal 1 on 5 September, 2013. The case was later transferred by Tribunal 1, propio motu, to Tribunal 2 on 30 September 2013. It appeared that a copy of the review application was never received by Tribunal 2 with the case records sent to them from Tribunal 1. Defense stressed that they had indeed filed the application on 17 September 2013, and the Prosecution acknowledged receipt of a copy of the same. Accordingly, the judges of Tribunal 2 were of the opinion that, since the Charge Framing Order had been passed by Tribunal 1, the review petition challenging the Charge Framing Order should also be heard and discharged by the same court. Accordingly, ICT-2 resolved to send the case records back to ICT-1. The case records will be transferred to ICT-1, exclusively for the purpose of reviewing the application.  The case will thereafter be sent back to Tribunal 2 for the commencement of trial. Continue reading →

7 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Defense Closing Arguments

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense began closing arguments today. The Defense submissions focused on the testimony of PW-1, Misbahur Rahman Chowdhury, and PW-26, IO Abdur Razzak Khan.  Counsel also reviewed several  evidentiary exhibits. Thereafter, the Tribunal adjourned the proceedings in the case until 10 November 2013.

Closing Arguments of the Defense

The Defense acknowledged Motiur Rahman Nizami was the president of Pakistani Islami Chatra Sangha, student wing of Jamaat-e-Islami, until the end of September 1971, but they denied that Nizami was the chief of Al-Badars or involved with the activities of Al-Badr. The Defense further denied any involvement of the Accused in forming the Shanti (Peace) Committee, Razakars, Al-Badr, or Al-Shams. Continue reading →

6 November 2013: ICT-2 Daily Summary – AKM Yusuf, PW-3

Despite being the final day of a 60-hour nationwide Hartal, ICT-1 proceeded to hear matters in the following case:

  1. Chief Prosecutor vs. AKM Yusuf

It was the third day and last day of the continuous 60-hour countrywide hartal that began at 6:00 am on 4 November 2013, and was enforced by the BNP-led 18-party opposition alliance. Nonetheless, the Tribunal recorded testimony today from PW-3 in the case against AKM Yusuf. Mr. Shamsul Alam alias Jahangir, who now 53 years old, gave testimony as PW-3. He is the son of Dr. Abdul Majid, who was a physician by profession and also participated in organizing of the War of Liberation. The testimony of the witness mainly related to Charge 12, pertaining to the killing of Dr. Majid, but the testimony also supported Charges 1 and 3. Continue reading →

6 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; Channel 24 and others, Contempt Proceedings

Despite being the final day of a 60-hour nationwide Hartal, ICT-1 convened to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Channel 24 and others

Contempt Proceedings Against Channel 24

On 26 September 2013, the Tribunal issued an Order to the following individuals and organizations: Managing Director of Channel 24, Chief Executive Officer of Channel 24, Executive Director of Channel 24, Head of Program of Channel 24, Episode Producer of Muktobaak, broadcasted on 18 September 2013 at 11 am, Mahmudur Rahman Manna, Anchor Muktoback, Dr. Zafrullah Chowdhury, Trustee of Gonosastho Kendra and Mahfuz Ullah, and the General Secretary of the Center for Sustainable Development.  The Order directed them to reply before 10 October, explaining why contempt proceedings should not be initiated against them. The order further asked Dr. Zafrullah Chowdhury and Mahfuz Ullah personally appear before the Tribunal to explain their position, and asked Channel 24 not to re-broadcast the episode of the talk-show in question in the Order. The Tribunal  accused the guests on the show of improperly discussing a matted subjudice (under legal consideration by the Tribunal), without knowing all the facts.  In so doing, the Tribunal alleged, Channel 24 and the guests could be held in contempt for deliberately calling the trial proceedings into question. Today was fixed for further proceedings of the case, but the lawyer representing Mahfuz Ullah sought additional time to submit a reply to the show-cause notice. Md Asaduzzam appeared on behalf of Channel 24. Dr. Zafrullah Chowdhury appeared personally before the Tribunal and submitted a written reply of the notice. Thereafter, the Tribunal adjourned the proceedings of the case until 28 November 2013.

Prosecutor vs. Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, the Prosecution continued closing arguments for the fourth day. The Prosecution’s submissions today covered Charge no 11, 12, 13 and 14. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 7 November 2013.

Continue reading →