Category Archives: Project Overview

17 Jan 2013: ICT 1 Daily Summary – Sayedee Prosecution Closing Arguments

The Tribunal heard the following case:

Chief Prosecutor vs. Delwar Hossein Sayedee

On behalf of the Prosecution, Haider Ali submitted the Prosecution’s final arguments, addressing Charges 17-19.

Haider Ali began by reading out the  Daily Jonokontho dated 5 March 2001 (Ext-08) regarding incident at Sajuddin Poshari and the killing of Fayzur Rahman (charge 5) and Aziz; the looting of shops in Bipod Shaha, Modon Shaha and Makhon Shaha; and general allegations of looting, burning houses, torturing people, forced conversion of Hindus, and killing of Hindus. He read out Exhibit -48,  the Daily Azad , dated 3 February 1972 relating to Charge 18. He read out Exhibit-12, the Daily Shamakal, and  Exhibit-46, a newspaper dated 17 July 2010; as well as Exhibit  47 dated 14 April 2001.

He then focused on the individual charges and the prosecution’s evidence in support of each one. Continue reading →

8 January 2013: Daily Sumary Tribunal 1- Golam Azam

The Tribunal heard matters in the following case:

  1. Chief Prosecutor vs Golam Azam – Defence Case-in-Chief

Proceedings focused solely on the Defense’s exhibit of documents that they will rely on for their case:

The defense used the witness to exhibit many books, newspapers and documents, including a photocopy of ‘What happened in 1971 and who were Razakars’; ‘Bangladesh: Unfinished Revolution (Part-2)’; ‘Pakistan Crisis in Leadership’; ‘The Re-trial of East Pakistan’ a book written by General Niazi; ‘The Pakistan Army 1966-71’ written by Mejor General Shawkat Reza (Retired) (Chaper-4,5; page 101-131); ‘Pakistan Crisis in Leadership’ written by Mejor General Fazal Muhim Khan (Retired)(page 115-131; 159-173); ‘Dhaka’s Dibbled’ written by Syed Alamder Raja (page 61-65); ’71: in the eyes of Pakistani’ written by Professor Muntasir Mamun and Mohiuddin Ahmed (page 311-360); ‘Internal Strife and External Intervention’ written by Hasan Azkari Rizvi (page 114-271); ‘The deliberate dib able’ written by Dr Shafder Mahmud (page 55-199); ‘Bangladesh: Victim of Black Propaganda Intrigue and Indian Hegemony’ written by Azammal Hossain (page 32-52); ‘Crisis of East Pakistan’ written by Shoforraz Hossain Mirza (page 59-90); ‘Unprotected Independence is the subordination’ written by Mejor Jalil and edited by Atique Helal; and ‘Detained in an Indian Jail’ written by Muhammad Alamgir (page 11-31).

While Mizanul Islam was exhibiting ‘Documents of the Liberation War in Bangladesh,’ a book written by Hakkani, Prosecutor Zead-al-Malum raised objection alleging that  it is a banned book.

Mizanul Islam exhibited photocopies of two books written by Professor Golam Azam: ‘Aggression of India and Bengali Muslims’; ‘Palashi to Bangladesh’; ‘The Question about the Existence of Independent Bangladesh’.

Mizanul Islam on behalf of Azmi exhibited photocopies of the daily statements about the activity of Razakars in Modoni, Lokhiganj, Chollisha, Rahurhat, Amtola, Jahangirpur in July, 1971. He exhibited the daily statements of Razakars in Netrokona in August and September, 1971.

He exhibited a lot of documents, including the certified copy of a gazette dated 07-09-1971, regarding Razakar Ordinance 1971; Syllabus and Documents on Razakars and their Training and Organizations dated 16-12-1971; a photocopy of a letter written by the Director of Razakars to a Assistant Director of the Razakars; a photocopy of documents about the verification of the Razakars G.S.O-2 dated 08-09-1971 and G.S.O-3 dated 09-09-1971; a list of the armed Razakar dated 22-09-1971; a list of selected Razakar commanders; the Complaint Register No-1 dated July 21, 2010, search list and evidential documents Volume-3,4,5 and 6 from the Investigation Authority, International Criminal Tribunal Bangladesh; Photocopies of the interviews of the Golam Azam published in different medias; Documents of the India-Bangladesh relation (1971-2002) including the speeches of former Prime minister Indira Gandi; Statement of Lokshova dated 27-03-1971; Speech of the Mr Muhammad Ali in the General Assembly of the United Nations  on September 27, 1971 as found in the Bangladesh Document volume-2;  and a whitepaper of the crisis in East Pakistan (page 45-53) as found in Pakistan Horizon, journal volume-xxv no 1, 1972 (page 21).

The Defense then exhibited numberous photocopies newspapers dated from 2008 to 2011 about banning Jamaat-e-Islami, punishment and trial and accused of the war criminals, statements of different Awami-League leaders published in different newspapers, and statements of the current Prime minister about the Razakars as published in Daily Amer Desh dated 22-04-10. While Mizanul Islam was exhibiting different newspapers Prosecutor Zead-al-Malum raised question regarding the relevancy of these documents.

1 January 2013: Detailed Daily Summary – Chowdhury Case

Case: Chief Prosecutor vs Salauddin Qader Chowdhury
Today Defense counsel of Salauddin Qader Chowdhury presented further arguments. They filed four applications including one asking the Tribunal for an order clarifying that its judges were not party to any of the skype conversations between the former Chairman and Dr. Ziauddin. Other applications included initiating contempt proceedings against Law Minister for influencing the proceedings; summoning the former Chairman of the Tribunal-1 to testify; and seeking the removal of the Chief Prosecutor Zead-al-Malum.

Before the lunch break, Defense Counsel Fakhrul started to place his arguments for an order clarifying that its judges were not party to any of the skype conversations. Fakhrul said that the law minister misused his power. Attorney General argued that application was filed to malign the court and prayed to reject the applications. Tribunal fixed Thursday for hearing Salauddin’s remaining application seeking removal of conducting prosecutor Zead-al-Malum. This application upset the judges who then told Fakhrul that his submissions were not respectful to the judges. The judges then asked him to move on to his other applications.

Lack of Decorum in the Court
During arguments in the case of Salauddin Qader Chowdhury, the Accused, shouted and swore at the Prosecution and Attorney General for raising objections to his motions while his lawyer Barrister Fakhrul Islam was presenting the submissions. Later on an Assistant Attorney General and a junior Defense lawyer shouted at each other and openly threatened each other with serious bodily harm in open court. They came very close to each other in the aisle of the court and there seemed to be a real risk of a physical altercation. Eventually both sides were calmed by the elderly Chief Prosecutor Ghulam Arieff Tipoo and the Chief Defense Counsel Ahsanul Huq. Both sides apologized. The Accused stated he would not have acted in such a way but for the provocation. There have been previous incidents of disruptions caused by Defendant Chawdhury.

Continue reading →

1 January 2013: Tribunal 1 Proceedings

4 Items appeared in the Cause List:

  1. Chief Prosecutor vs. Professor Golam Azam – for further hearing of applications and arguments
  2. Chief Prosecutor vs. Salahuddin Qader Chowdhury – for hearing application and prosecution witness
  3. Chief Prosecutor vs. Motiur Rahman Nizami – for hearing application and prosecution witness
  4.  Chief Prosecutor vs. Delawar Hossain Sayedee (DHS) – for hearing application

Tribunal-1 completed hearing arguments from both sides on re-trial petition and fixed January 3, 2013 for delivering its order in all three cases.

Abdur Razzaq responded to the Attorney General’s submissions in the cases of Professor Golam Azam, Motiur Rahman Nizami and Delawar Hossain Sayedee. Barrister Rafiqul Islam Miah placed his submission before the Tribunal on behalf of Golam Azam. [SEE HERE FOR DETAILED SUMMARY]

Defense counsel for Salauddin Qader Chowdhury [SEE HERE FOR DETAILED SUMMARY]

Defense Submissions in the Case of Golam Azam, Nizami and Sayedee
Razzaq argued that the Skype and email conversations between the former Chairman and Dr. Ziauddin were not extraneous and must be considered as grounds for a retrial. He stated that the sections of the ICT Act of 1973 that provide the Tribunal with the authority to appoint administrative personnel could not be used to appoint someone providing legal advice such as Dr. Ziauddin. Furthermore, such appointments may not be secret. The Defense further argued that the Prosecution’s argument that the Defense is benefitting from its own wrongful act does not apply here because the Defense obtained the skype and email conversations legally from public sources such as media publications. He stated that the right to privacy does not prevent the court from examining these conversations because they are relevant evidence and the Defense’s reference to them does not go against Tribunal 2’s order barring their republication because the Defense is not a media entity. Finally, Razzaq argued that numerous anomolies resulting from the relationship between the former Chairman and Dr. Ziauddin had violated the Accused’s right to fair trial. He noted that the international community would scrutinize the results of the trial.

Defense Submission by Barrister Rafiqul Islam Miah on behalf of Golam Azam
The Tribunal’s inherent power under 46A of the International Crimes Tribunal Rules of Procedure 2010 has no limits. There is only one limitation that the Tribunal will not be able to exercise his inherent power where it is not necessary for the ends of justice or to prevent abuse of process. He further argued that ‘justice should not only be done but must be seen to be done’, a legal maxim.

 Defense Submissions in the Case of Salauddin Qader Chowdhury
Today the Defence counsel for Salauddin Qader Chowdhury presented arguments. They filed four applications included one asking the Tribunal for an order clarifying that its judges were not party to any of the skype conversations between the former Chairman and Dr. Ziauddin. Other applications included initiating contempt proceedings against Law Minister for influencing the proceedings, summoning the former Chairman of the Tribunal-1 to testify, and seeking removal of the prosecutor Zead-al-Malum.  The courtroom dynamic became very heated and there were verbal altercations between the prosecution and the defense, as well as outbursts from the Accused who was present in the courtroom.