Category Archives: Tribunal 1

20 May 2013: ICT-1 Daily Summary – Nizami PW 8, Mubarak Hossain PW 1

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

In the Motiur Rahman Nizami case the Tribunal heard the examination-in-chief and cross-examination of Khalilur Rahman, Prosecution witness 8. Thereafter, Tribunal adjourned the proceedings until tomorrow, 21 May 2013.

In the Mobarak Hossain case the Tribunal heard the examination-in-chief of Darul Islam, Prosecution witness- 1. The Tribunal then adjourned until tomorrow.

Chief Prosecutor vs. Nizami
Prosecution Witness 8
Khalilur Rahman, Prosecution witness 8, testified in support of Charge 6. Under the Charge it is alleged that on 27 November 1971 Nizami and members of the Razakars and Pakistani military raided the house of Dr Abdul Awal and other adjacent houses in Dhulaura village. The charge further alleges that after the Pakistani army left, Nizami and his accomplices caught 22 survivors who they killed at the bank of the Ishamoti River. Nizami is charged for his involvement in murder as a Crime Against Humanity under Section 3(2)(a) of the ICT Act and section 4(1) and 4(2) of the ICT Act 1973.

Examination-in-Chief
Khalilur Rahman testified that in the middle of June he left for India to receive training as a freedom fight. He testified that he returned to Sujanagar, of Pabna, Bangladesh and stayed there 2 or 3 days. After that, at 12 or 12:30 on 27 November 1971, the witness said he took shelter at the house of Dr Abdul Awal located in Dhulaura village in the jurisdiction of Sathia police station. Khalilur testified that at about 3:30 am he heard the sounds of Army boots. He opened the window and saw Nizami, other Razakars and members of the Pakistani occupation force coming towards their house (where they took shelter). He testified that then he opened a North-facing door and went outside. He testified that then he began hearing the sounds of shooting people moving. He heard someone yelling at people to put their ‘hands up.’ Continue reading

19 May 2013: ICT-1 Daily Summary – PWs 37, 38 and 39

Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the Chowdhury case the Tribunal heard the examination-in-chief of Chapala Rani, Prosecution witness-37; Md Ersadul Haque, Prosecution Witness-38 and Mollah Abdul Hye, Prosecution witness 39. Thereafter, Defense Counsel Ahsanul Huq Hena conducted cross-examination. After the conclusion of the cross-examination Tribunal adjourned the case until 21 May 2013.

Prosecution Witness 37
Chapala Rani, the sister-in-law of victims Beni Madhab and Tarapada and daughter of victim Shatish Paul, testified as Prosecution witness 37. She testified in support of Charge 6 which alleges that Salauddin Qader Chowdhury committed Genocide under section 3(2)(c )(i) and 3(2)(3)(ii), as well as deportation as a Crime Against Humanity under section 3(2)(a) of the ICT Act.

Examination-in-Chief
Chapala Rani, testified that a day before Chaitra Sankranti (last day of Bangla year) in 1971 the Pakistan Army raided their area. At that time she was inside her house. The Pakistani Army knocked on the door of every house and gathered the villagers on the bank of the pond, owned by Shatish Mohazon who is the brother of Khitish Mohazon. Chapala said she and the others were crying. Her brother-in-law Beni Madhab tried to reassure them, saying that the Chairman Makbul and Salauddin Qader Chowdhury were present. However, she said that at that moment they (she did not specify who) opened fire on the villagers. Chapala testified that she became unconscious and her brothers-in-law Beni Madhab and Tarapada and her father Shatish Paul died. Continue reading

16 May 2013: ICT-1 Daily Summary – Mubarak Hossain Opening Statements and Mir Qasem Ali Formal Charge

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Investigation of Mir Qasem Ali

In the Mobarak Hossain case the Prosecution submitted its opening statement. Prosecutor Zahid Imam read out a prepared statement describing Mobarak as the traitor of Akhaura. He described the role played by Jamaat-e-Islami, Islami Chattra Shangho (student wing of Jamaat-e-Islami), Peace Committee, Razakars, Al-Badr and Al-Shams from 25 March to 16 December 1971. The Prosecution alleged that Mobarak was the Razakar commander of Shohilpur, Brahmanbaria in 1971 and that he assisted the Pakistani army in the commission of atrocities.  The Tribunal fixed 20 May for hearing the testimony of Prosecution witness 1 and asked the Defense to submit all the documents, if any, they intend to rely on by 20 May 2013.

In the investigation of Mir Qasem Ali the Prosecution submitted the Formal Charge to the registrar with all relevant documents. The Tribunal fixed 26 May for its decision on whether to take cognizance of the charges.

Administrative Matters
Today the Tribunal warned the lawyer of Mubarak Hossain and Salauddin Qader Chowdhury for misleading the court. On 15 May, Defense Counsel Ahsanul Huq Hena informed the Tribunal that on 19 and 21 May, Salauddin was required to go to Chittagong in order to appear in cases pending there on those days. However the Tribunal stated that it had found out that Salauddin had a case only on 22 May.

 

15 May 2013: ICT-1 Daily Summary – Chowdhury PW 35 and 36

15 May 2013: ICT-1 Daily Summary – Chowdhury PW 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

In Chowdhury case the Tribunal heard the examination-in-chief and cross-examination of Prosecution witness 35, Kamal Uddin and Prosecution witness 36, Ezab Uddin Mia.

Prosecution Witness 35
Kamal Uddin provided hearsay testimony in support of charge no 19. The charge alleges that Salauddin Qader Chowdhury committed murder, abduction, confinement and torture as Crimes Against Humanity under section 3(2)(a) of the ICT Act 1973. Continue reading

14 May 2013: ICT-1 Daily Summary – AKM Yusuf Denial of Bail

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Therefore our coverage is very brief.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf

The Tribunal passed an order rejecting the Defens’s request for bail in consideration of the gravity of the allegations against the Defendant. The Tribunal  asked the jail authorities to ensure Yusuf’s proper medical treatment. They fixed 6 June for the next hearing in the case and asked the Prosecution to submit all its supporting documents.