Category Archives: East West Center

4-5 November 2013: ICT-2 Daily Summary – Court Adjourned

The BNP-led-18-party opposition alliance enforced a continuous 60-hour countrywide hartal from 6:00 am on 4 November 2013 until 6 November,2013. The attorneys did not show up in court due to severe security concerns arising from the hartal. Consequentially, Tribunal 2 was not in session on these days.

This marked the opposition’s second long hartal after the Eid vacation.  These interruptions have been significantly affecting the proceedings of the Tribunal.

5 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; Abdus Sobhan, Pre-Trial Submissions

Despite a 60-hour nationwide Hartal that kept ICT-2 out of session today, ICT-1 proceeded to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Abdus Sobhan

In the case against Abdus Sobhan, today was set for defense hearing on charge matter. However, the Defense sought adjournment for a week. The Tribunal granted the motion and adjourned the proceedings of the case until 18 November 2013.

In the case against Motiur Rahman Nizami, the Prosecution continued submissions for the third day. The Prosecution made pre-trial submissions on charge 2, 3, 4, 6, 7, 8, 9, 10, 15 and 16. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 6 November 2013.

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4 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; The Economist Magazine and Human Rights Watch, Contempt Proceedings

Despite a 60-hour nationwide Hartal that kept ICT-2 out of session today, ICT-1 proceeded to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. The Economist Magazine
  3.  Chief Prosecutor vs. Human Rights Watch                                               

Contempt Proceedings Against Human Rights Watch

Today, Md Assaduzzaman appeared on behalf of Human Rights Watch and informed the Tribunal that he had received power of Attorney from the organization. He further submitted that Human Rights Watch had received notice but had not gotten a copy of the order dated 2 September 2013, nor any documents relating to the contempt proceedings. He sought 8 weeks time for preparation. The Tribunal granted this, adjourning the proceedings of the case until 8 December 2013.

Contempt proceedings against The Economist

In the contempt proceedings against The Economist, the Tribunal issued a notice in December 2012, asking the South Asian Bureau Chief and the Chief Editor to reply why contempt proceedings should not be initiated against them. Appearing on behalf of The Economist, Barrister Mustafizur Rahman Khan had submitted a reply to the Tribunal, which has been pending ever since. Today, 4 November 2013, had been fixed for the contempt proceedings, but they were pushed back to 8 December 2013 for further proceedings of this case.

Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, the Prosecution made their closing arguments for the second day. The Prosecution made submission about the role of Nizami in 1971, as well as submissions in support of Charge 1. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 5 November 2013.

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3 November 2013: ICT-2 Daily Summary – Chowdhury Mueen Uddin and Ashrafuzzaman Khan found Guilty on 11 Charges – Sentenced to Death

Today, Tribunal 2 issued its sixth verdict, concluding the case of Chief Prosecutor vs. Ashrafuzzaman Khan alias Naeb Ali Khan & Chowdhury Mueen Uddin. The two have been tried jointly for the same offences, and the Tribunal found both of them guilty on all eleven charges. Mueen and Ashraf have both remained outside of Bangladesh, and have been tried in absentia.

The Charges and the Verdict:

  • Charge 1: Abetting and complicity to the commission of the offence of abduction as Crime Against Humanity, or in the alternative extermination as Crime Against Humanity, or in the alternative murder as Crimes Against Humanity committed against journalist Seraj Uddin Hossain, an unarmed civilian belonging to the intellectual group. Charged under Section 3(2)(a) (g) (h) and for liability under Section 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1973.

3 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; Zahid Hossain Khokon, Opening Statements Delayed

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon      
  2. Chief Prosecutor vs. Motiur Rahman Nizami

Tribunal 2 delivered its judgment in the trial of Chowdhury Mueen Uddin and Ashrafuzzaman Khan today.  They used the courtroom of Tribunal 1 for the pronouncement, because it is much larger than the regular ICT-2 courtroom.  Because of this,t he proceeding of Tribunal 1 did not commence until 2:00 pm today.  Continue reading