Category Archives: East West Center

October 2013: ICT-1 Monthly Overview of Progress of Cases

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. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. ATM Azharul Islam
  3. Chief Prosecutor vs. Motiur Rahman Nizami
  4. Contempt Proceedings

Salauddin Qader Chowdhury

In the case of Chief Prosecutor vs. Salauddin Qader Chowdhury, Tribunal 1 issued a verdict on 1 October 2013. Salauddin Qader Chowdhury was found guilty and sentenced to death for charges 3, 5, 6 and 8. He received 70 years imprisonment for  charges 2, 4, 7, 17 and 18. He was acquitted of 8 charges, and the Prosecution did not submit any evidence on the remaining 6 charges. During the pronouncement of verdict, the Accused Salauddin Qader Chowdhury alleged that the verdict had already leaked and was available on the website. Continue reading →

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 →

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.

30 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Human Rights Watch Contempt Proceedings; Mir Qasem Ali, Pre-trial Submisisons

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Human Rights Watch
  2. Chief Prosecutor vs. Mir Qasem Ali
  3. Chief Prosecutor vs. Motiur Rahman Nizami

Contempt Proceedings

On 2 September 2013, the Tribunal issued a notice to Human Rights Watch Board of Directors, Executive Directors of Asia Division, Brad Adams, and Associate of Asian Division, Storm Tiv, asking them to submit an explanation within three weeks as to why contempt proceedings should not be brought against them for the publication of an article titled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings: Analysis Outlines how Fair Trial, Rights of Accused Seriously Compromised’ regarding the judgment in the Gholam Azam’s case. Today, Md Asaduzzaman appeared on behalf of Human Rights Watch.  However, he informed the Tribunal that he had not yet secured a signed power of Attorney, so he sought additional time from the Court, before proceeding. The Tribunal agreed to adjourn the proceedings in this matter until 4 November 2013.  Continue reading →