Category Archives: Tribunal 1

23 January 2013: ICT 1 Daily Summary –

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Delwar Hossain Sayedee: Order on review applications, Resubmission of Defense Closing Arguments (Accused was Present)
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury: Rejection of Applications for Contempt Proceedings (Accused Not Present)

On January 23, Tribunal rejected two Review applications filed by the Defense Counsel for Delwar Hossain Sayedee on January 20, 2013. These applications were filed to review the order dated 14 January 2013 denying the request to inspect all process and summons issued to the 19(2) witnesses and to recall the Prosecution Witnesses No 28 (Helal Uddin, Investigation Officer) and Defence Witness No13 under Rule 46A of the International Crimes Tribunal Rules of Procedure 2010.

Mizanul Islam said that Prosecution adduced some documents on December 5, 2012, just one day before closing the Defence Arguments by virtue of section 19(4) of the ICT Act 1973. Mizanul Islam argued that they did not get any chance to Cross examine IO on those documents and for interest of justice they should be given opportunity to cross examine the IO (PW-28).#

The Tribunal continued to hear Mizanul Islam’s Closing Arguments on behalf of the Defense.

In the case of Chief Prosecutor vs. Salauddin Qader Chowdhury the Tribunal summarily rejected two applications filed by the Defense. One of them was an application to issue contempt proceedings against Ahmed Ziauddin (the foreign legal expert implicated in the Skype controversy) under section 11(4) of the ICT Act 1973. The second was an application seeking explanation from the Attorney General as to whether Ziauddin was officially appointed by the Tribunal to be a legal expert or not.

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22 January 2013: ICT 1 Daily Summary – Sayedee Defense Closing Arguments

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Delwar Hossein Sayedee: Resubmission of Defense Closing Arguments (Accused was Present)

Mizanul Islam, Defense counsel for Sayedee, continued the resubmission of the Defense’s Closing Arguments for the 3rd  consecutive day. The Defense began their closing arguments on January 20, 2013. On January 22, The Defense summed up arguments based on Charges 5, 14 and 16. Chairman A.T.M Fazle Kabir directed the Defense to complete their arguments within tomorrow’s session (January 23, 2013).

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21 January 2013: ICT 1 Daily Summary – Sayedee, Golam Azam, Nizami

The the verdict in the case of Chief Prosecutor vs. Kalam Azad was read out by the Chairman of ICT-2 in the ICT-1 room. Therefore Tribunal 1 did not convene until 12:30 and adjourned early at 1:30pm.

Today Tribunal 1 heard matters in the following cases:

  1. Chief Prosecutor vs. Delwar Hossain Sayedee: Resubmission of Defense Closing Arguments (Accused was Present)
  2. Chief Prosecutor vs. Golam Azam, Nizami, Sayedee: Order on application for review (Golam Azam and Nizami were not present)

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20 January 2013: ICT 1 Daily Summary

  1. Chief Prosecutor vs Salauddin Qader Chowdhury: Defense Application for Removal of Chief Prosecutor; Contempt Proceedings vs. Ziauddin (Accused Not Present)
  2. Chief Prosecutor vs Delwar Hossain Sayedee: Defense Resubmission of Closing Arguments (Accused Present)

The Tribunal passed and order in response to the two defense applications seeking the removal of prosecutor Zead al-Malum. They additionally took note of the request by Chowdhury’s Defense counsel for contempt proceedings against Ziauddin (in connection with the Skype controversy). In the Sayedee case the Defense counsel filed two applications for review of orders rejecting previous applications made regarding 1) opportunity to inspect process and summons orders made for witness statements made under section 19(2) – providing for out-of-court statements made to the Investigating Officer to be admitted into evidence without the live testimony of the witness, and 2) recall of two witnesses. The Defense also noted a lack of access to documents submitted by the Prosecution.Thereafter, Mizanul Islam Defence Counsel of Delwar Hossain Sayedee began placing Closing Arguments for that case.

The Tribunal said that Motiur Rahman Nizami and Salauddin Quader Chowdhury’s cases will be heard before the court on January 23, 2013.

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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 →