Category Archives: Tribunal 1

Special Report: Chief Prosecutor vs. Gholam Azam Verdict and Legal Findings

This special report provides a detailed overview of the factual and legal findings of the International Crimes Tribunal (ICT) Judgment in Chief Prosecutor vs. Professor Gholam Azam. Gholam Azam was found guilty on all five charges and sentenced to 90 years imprisonment. The Tribunal made a point of noting that he deserved the death penalty, but because of his age and illness, they saw fit to sentence him to life imprisonment instead. Arguments in the case were completed on 17 April 2013 and the verdict was issued on 15 July 2013. It was the second verdict to be issued by Tribunal 1, and the fifth verdict issued by the ICT. Our previous special report on the Gholam Azam case reported in detail on the documentary and testimonial evidence used to support each count within each distinct charge against the Defendant, as well as the general arguments made by both parties. This report focuses on the legal outcomes of the case.

The full report is available here:Special Issue No. 5 – Gholam Azam Case Verdict

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

29 September 2013: ICT-1 Daily Summary – Mobarak Hossain, PW-11; Zahid Hossain Khokon, Pre-Trial Submissions

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mubarak Hossain
  2. Chief Prosecutor vs. Zahid Hossain Khokon

Chief Prosecutor vs. Mobarak Hossain

In the case of Mubarak Hossain, the Tribunal recorded the testimony of Chaman Sikander Julkernine, PW-11. After the conclusion of the cross-examination, the Tribunal adjourned the proceedings in this case until 6 October 2013.

Chief Prosecutor vs. Zahid Hossain Khokon

In the case of Zahid Hossain Khokon, today was set for passing an order on charge framing.  However, the Tribunal deferred this action, instead fixing 9 October 2013 for passing the order on charge framing.   Continue reading

26 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Contempt Charges against Channel 24 and others

Today the Tribunal heard matters in the following cases:

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

Contempt Proceedings

On 25 September 2013, the Tribunal heard a petition filed by Prosecution for contempt under section 11(4) of the ICT Act 1973 read with Rule 45 of Rules of Procedure 2010 against a number of Channel 24 personnel and affiliates. Todaythe Tribunal issued a notice towards the named individuals, asking them to reply by 10 October 2013, explaining why contempt proceedings should not be initiated against them. The Order specifically called Dr. Zafrullah Chowdhury and Mahfuz Ullah to appear before the Tribunal in person.  The Court further asked Channel 24 not to re-broadcast the impugned talk-show episode. The Order declared that talk-show guests, Dr. Zafrullah Chowdhury and Mahfuz Ullah had publically discussed a matter subjudice, without knowing the factual aspects, and had deliberately called into question the trial proceedings. Channel 24 had facilitated this behavior by broadcasting the offending statements of the guests.  Continue reading

25 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Abdus Sobhan, Pre-Trial Submissions; Contempt Charges against Channel 24 and others

Today the Tribunal heard matters in the following cases:

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

Chief Prosecutor vs. Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, PW-26, the Investigation Officer (IO) Abdur Razzak, began to record his testimony in Court.

Chief Prosecutor vs. Abdus Sobhan

In the case of Abdus Sobhan, the Defense sought leave to have privileged communication with his client on Saturday. The Tribunal granted the request.

Contempt Proceedings

Today the Prosecution filed a petition for contempt under section 11(4) of the ICT Act, read with Rule 45 of Rules of Procedure.  The contempt charges are against the Managing Director of Channel 24, Chief Executive Officer of Channel 24, Executive Director of Channel 24, Head of Programme of Channel 24, Episode Producer of Muktobaak broadcasted on 18 September 2013 at 11 am, Mahmudur Rahman Manna (Anchor Muktoback of Channel 24), Dr. Zafrullah Chowdhury (Trustee of Gonosastho Kendra), and Mahfuz Ullah (General Secretary of Center for Sustainable Development). The Tribunal heard the petition and set tomorrow for passing an order. Continue reading