Category Archives: Tribunal 1

24 September 2013: ICT-1 Daily Summary – ATM Azharul Islam, Pre-Trial Submissions

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. ATM Azharul Islam

In the case of ATM Azharul Islam, the Defense made pre-trial submissions seeking dismissal of all charges against the Accused, ATM Azharul Islam, under Rule 37 of the Tribunal’s Rules of Procedure. Having heard partial arguments, the Tribunal adjourned the proceedings until 3 October 2013, when they will hear the remaining portion of Defense arguments.

Defense Submissions

The Accused in this case faces six charges of Crimes Against Humanity.  The proposed charges include allegations of abduction, confinement, torture, persecution, rape and other inhuman act as underlying elements of Crimes Against Humanity. Defense argued that there is no reference to arson or looting or grievous hurt in section 3(2)(a) of the ICT Act 1973, nor is there any evidence to show that these offences were crimes under customary international law in 1971.  As such, Counsel submitted, there is no scope for framing charges against the Accused petitioner for these particular crimes. In support of their submission, the Defense called the Court’s attention to Article 22(2) of the Rome Statute for the ICC. Continue reading →

23 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, PW-24 and PW-25

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Prosecution filed an application under 9(4) of the ICT Act, to admit 13 books as additional documents. The Defense filed another application under 19(2) of the ICT Act, to allow the statements of three deceased Prosecution witnesses. Thereafter, Tribunal recorded the testimony of two seizure list witnesses—Azabuddin Mia (PW-24) and Swapon Kumar Biswas (PW-25)—and the Defense conducted cross-examination. Continue reading →

22 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, PW-23

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense concluded cross-examining Prosecution witness 23, Sayeda Salma Mahmud. She testified in support of charge 16. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow.

Cross-Examination of PW-23

The Defense opened cross-examination by asking the witness about her education and her siblings. During the examination-in-chief, the witness had testified about her aunt Modira’s husband. The witness had testified that her uncle’s name was Lieutenant Commander Moazzem Hossen, that he was a Nevi officer, and that he had been accused in the Agortola Conspiracy case and killed in the morning of 26 March 1971. Continue reading →

19 September 2013: ICT-1 Daily Summary – Hartal Coverage of Abdus Sobhan, Cognizance of Charges

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Abdus Sobhan

This was the second day of a 48-hour countrywide shut down called by Jamaat-e-Islam. Due to the Hartal, our monitors could not safely travel to the Court to attend proceedings.  The following coverage is compiled from official court records and communication with the parties to the proceedings.

In the case of Abdus Sobhan, the Tribunal took cognizance of charges, and set 20 October for hearing on charge framing.

18 September 2013: ICT-1 Daily Summary – Hartal Coverage of ATM Azharul Islam, Pre-Trial; Motiur Rahman Nizami, PW-23

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam
  2. Chief Prosecutor vs. Motiur Rahman Nizami

Today was the first day of a 48-hour countrywide shut down called by Jamaat-e-Islam. Due to the Hartal, our monitors could not safely travel to the Court to attend proceedings.  The following coverage was compiled from official court records and communication with the parties to the proceedings.The case of ATM Azharul Islam was scheduled for charge hearing today. However, the junior Defense Counsel sought adjournment, saying Senior Defense Counsel could not attend the Tribunal due to personal difficulties. The Prosecution opposed the motion, but the Tribunal agreed to adjourn the proceedings of the case until 23 September 2013. The Prosecution had already completed their submission on charge framing.

In the case of Motiur Rahman Nizami, the Court had scheduled cross-examination of Sayeda Salma Haque, Prosecution witness 23. The Prosecution could not produce the witness, however, and therefore sought additional time, which was granted.  Thereafter, the Tribunal adjourned the proceedings until 22 September.

Continue reading →