Category Archives: Tribunal 1

28 Feb 2013: Sayedee Convicted of 8 out of 20 Charges, Sentenced to Death

Sayedee Verdict
Today Tribunal 1 issued the third verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Delwar Hossain Sayedee who was tried for 20 Charges [See here for the Charge Framing Order]. Sayedee was found guilty on 8 Charges, specifically Charges 6,7,8,10,11,14,16 and 19. He was acquitted of Charges 1,2,3,4,5,9,12,13,15,17 and 18. Charge 20 was dropped previously by the Prosecution.

The Tribunal sentenced Sayedee to death based on his conviction on Charges 8 and 10. Under Charge 8 he was found guilty of directly participating in abduction, murder and persecution as Crimes against Humanity in conjunction with the 8 May 1971 attack on houses of Chitholia, arson attack on the Hindu community at Parerhat Bandar, and instigation of the torture and murder of a civilian, Ibrahim. Under Charge 10 Sayedee was found guilty of direct participation in persecution and murder as Crimes against humanity in conjunction with the 2 June 1971 arson attack on the Hindu Para of Umedpur and ordering the killing of an individual, Bisabali.

We have not yet obtained copies of the summary or full judgment, but will make them available as soon as we receive them.

Continue reading

27 Feb 2013: Gholam Azam Closing Arguments, Sayedee Verdict for the 28th

This is a brief summary of today’s proceedings. A more detailed post will follow.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam
  2. Chief Prosecutor vs. Delwar Hossain Sayedee

The Tribunal heard the Prosecution’s Closing Arguments for the  8th consecutive day. The Prosecution submitted his arguments in support of Charge 5, torture and murder of Sub Inspector of Police Siru Miah as a Crime against Humanity.  This concluded the Prosecution’s arguments based onthe  charges. Thereafter Prosecutor Zead-al-Malum sought adjournment and Tribunal adjourned the proceedings of Ghulam Azam until March 3, 2013.

Today the Sayedee case appearedas Item 2 on the cause list. After hearing the Closing Arguments in the Gholam Azam case the Chairman of Tribunal 1, ATM Fazle Kabir, stated that on January 29, 2013 the Tribunal had completed hearing Closing arguments in the Sayedee case and the case had been under consideration awaiting verdict since then. He announced that the Final Judgment has been prepared and Tribunal will deliver its verdict tomorrow, February 28, 2013.

This will be the third  judgment issued by the International Crimes Tribunal, the first to be issued by Tribunal 1. It follows the verdicts in the Kalam Azad and Qader Molla cases.

It should be noted that after the announcement of the impending verdict, Jamaat-e-Islami has called a hartal (strike) for tomorrow in protest of what they expect to be an unfair verdict against Sayedee, a party leader. In light of the energy behind the ongoing Shabagh movement (which was sparked by the sentence given in the Qader Molla case and is unified around calling for the death penalty against alleged war criminals) and opposition to the trials by Jamaat-e-Islami, there is potential for significant demonstrations and violence tomorrow.

26 Feb 2013: ICT 1 Daily Summary – Gholam Azam Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Disposition on Defense Applications, Prosecution Closing Arguments

Defense Applications
On 17 February 2013 Tajul Islam, Defense Counsel of Gholam Azam filed three applications. One application was for permission to either call General Sir Jack Deverell and Professor William Schabas as expert witnesses, depose these witnesses via video link, or to submit their expert reports into evidence pursuant to Rule 46A of the International Rules of Procedure 2010. Defense also filed another application for bail. On 20 February 2013 Tribunal heard these two applications along with another application filed by the Defense requesting permission inspect the record of orders. Today (26 February 2013) passed order regarding these three applications.

Regarding the application for two foreign witnesses Tribunal passed an order rejecting the application and stated that Tribunal already expressed its views at the time of recording of evidence. Tribunal further stated that the recording of evidence has already been completed and the case is now at the stage of Closing Arguments. The court did allow the Defense to submit the expert witness reports though it was unclear whether they would be accepted as exhibits or simply for reference by the Judges.

The Tribunal rejected the bail application, which was filed on medical grounds, stating that Gholam Azam has received adequate medical attention and that the nature of the charges against him and the stage of the trial do not allow for him to be set free on bail. The Tribunal further directed the authorities at Bangabandhu Sheikh Mujib Medical University to take all necessary steps to provide him proper treatment.

Regarding the inspection of record of orders Tribunal stated that a Defense Counsel will be allowed to inspect the record for an hour in front of two bench officers.

Closing Arguments
Thereafter, Tribunal heard the closing arguments of Prosecution side for 7th consecutive day. Prosecutor Sultan Mahmud Simon submitted arguments in support of Charge No 4 (complicity) incidents 13 through 23 counts. The Tribunal then adjourned the proceedings until February 27, 2013.  Continue reading

25 Feb 2013: ICT-1 Daily Summary – Gholam Azam Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Prosecution Closing Arguments (Accused Not Present)
  2. Chief Prosecutor vs. Mubarak Hossain (Accused Not Present)

In the Gholam Azam case the Tribunal heard the Prosecution’s closing arguments for the 6th consecutive day. Prosecutor Sultan Mahmud Simon submitted arguments in support of Charge 3 (incitement) from counts 26 to 28 and Charge 4 (complicity) for counts 1 through 13. Thereafter, Tribunal adjourned the proceedings until February 26, 2013.

The Prosecution submitted the Formal Charges against Mubarak Hossain but the matter was not argued or presented in open court. Continue reading