Category Archives: Issue Based Posts

12 December 2013: ICT-2 Update – Abdul Quader Molla, Execution Imminent

This morning, the Supreme Court’s Appellate Division dismissed the request to review a petition on behalf of Quader Molla, who has been sentenced to death by the ICT. This marks the final opportunity to seek review of his case. Execution is expected to be carried out tonight, despite Defence counsel is claims that execution cannot legally be carried out until the full order of dismissal is communicated by the Supreme Court. Defense Counsel have further asserted that, even if the full order is communicated today, questions remain about the applicability of a Jail Code that would accord further time to the accused for seeking President’s mercy.

The political situation in the country is tense and there have been outbursts from of Pro-Jamaat lawyers in the court.

Special Report Issue 2: Detailed Summary of Kamaruzzaman Case and Verdict

We are pleased to release our second Special Issue Report on the Verdict in the Kamaruzzaman case. For a full pdf of the report please read here: Special Issue No. 2 – Kamaruzzaman Verdict

This special report provides a detailed summary of the International Crimes Tribunal’s fourth verdict, the Judgment in Chief Prosecutor vs. Md. Kamaruzzaman. The verdict was issued on 9 May 2013 and was the third verdict to be issued by Tribunal 2. We have attempted to distill the major conclusions expressed by the Tribunal into a digestible format. We have reported on the documentary and witness evidence used to support each distinct charge, general arguments made by both parties, and the conclusions reached by the Tribunal. For the sake of length we have focused this report on the factual and charge specific findings within the Judgment. We will be publishing a supplementary report regarding the legal conclusions made in the Judgment that have particular bearing on the ongoing proceedings. This report does not critically analyze the legal merits of the Judgment. It is presented simply in order to facilitate broader access to and understanding of the ICT’s proceedings and conclusions.

Kamaruzzaman was found guilty on 5 of 7 Charges, specifically Charges 1, 2, 3, 4, and 7. He was acquitted of Charges 5 and 6. All of the Charges alleged direct commission of Crimes Against Humanity or, in the alternative, complicity in Crimes Against Humanity. The Prosecution additionally argued that Kamaruzzaman could be found liable under the doctrine of Command Responsibility under Section 4(2). However, he was convicted solely of complicity in Crimes Against Humanity under Section 4(1) of the Act.  On the basis of Charges 3 and 4 he was sentenced to death. The Tribunal noted that charges 1 and 7 merited a life sentence, while Kamaruzzaman was sentenced to ten years imprisonment under charge 2. All lesser sentences were merged into the death sentence.

Please read the entire report here: Special Issue No. 2 – Kamaruzzaman Verdict

Special Issue Report: Close Examination of the Sayedee Judgment

We are releasing the first of our Special Issue reports, a series which will cover both the legal and factual conclusions of the Tribunal as expressed in case verdicts, and other topically relevant legal issues.

This report examines the Judgment in Chief Prosecutor vs. Delwar Hossain Sayedee, which was issued on 28 February 2013. Through this report We have attempted to distill the major conclusions expressed by the Tribunal into a digestible format. This report does not contain critical analysis of the legal merits of the judgment. The report simply is meant to facilitate broader access to and understanding of the ICT’s proceedings.

Access the full report here: Special Issue No. 1 – Sayedee Verdict

Amendment of International Crimes Tribunal Act of 1973

This is a Special Issue post addressing the 2013 Amendment of the ICT Act

On 17 February 2013, the Bangladeshi Parliament passed a bill amending the International Crimes (Tribunal) Act of 1973. The amendments present three significant changes :

  1. Trial of Organizations: The amendment enables the ICT to charge and place on trial organizations for their role during the 1971 War of Liberation;
  2. Prosecution Right to Appeal Sentencing: the amendment allows the government, complainant, or informant to  appeal an order of acquittal or order of sentencing;
  3. Disposal of Appeal within 60 days: the amendment imposes a statutory obligation on the Appellate Division of the Supreme Court to dispose of any appeal filed before it within 60 days.

The 2013 amendments have been given retrospective effect from 14th July, 2009, bringing the judgment and sentence in the Qader Molla case within the purview of the amended provisions.

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