Category Archives: Trial of Abdus Sobhan

22 August 2013: ICT-1 Daily Summary – Abdus Sobhan Pre Trial Proceedings, Contempt Proceedings against Human Rights Watch

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against Abdus Sobhan
  2. Contempt Proceedings against Human Rights Watch

On 19 August 2013, Prosecution in the case against Abdus Sobhan filed an application requesting permission to interrogate the suspect in the safe home under Rule 16(1) of the Rules of Procedure. The Defense submitted a written objection against the application. Today the Tribunal heard arguments from both sides regarding the application. The Prosecution submitted that the investigation is in its final stage but asserted that for proper and effective investigation the Investigation Officer is required to interrogate the accused. The Prosecution further argued that for total verification, interrogation in the safe house is necessary.

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14 July 2013: ICT-1 Daily Summary – Gholam Azam Verdict Tomorrow, Abdus Sobhan Investigation Report, Mobarak Hossain PW 6

Today the Tribunal heard matters in the following cases:

  1. Investigation of Abdus Sobhan
  2. Chief Prosecutor vs. Mobarak Hossain
  3. Chief Prosecutor vs. Gholam Azam

In the investigation of Abdus Sobhan the Prosecution submitted a progress report and requested additional time. The Tribunal granted the request and adjourned the proceedings of the case until 19 August 2013.

In the Mobarak Hossain case, the Tribunal heard the examination-in-chief of Abdul Malek, Prosecution Witness 6, who testified in support of charge 5. Thereafter, Defense Counsel sought time saying that Defense were not informed about the witness earlier. The Tribunal granted the request and the adjourned proceedings in the case until 16 July 2013.

Today, 14 July 2013, the Gholam Azam case was included in the cause list as item 4. The Tribunal passed an order stating that the judgment of this case has been prepared and will be issued tomorrow, 15 July 2013. Senior Defense Counsel Abdur Razzak informed the Tribunal that Gholam Azam is ill and requested permission for him to remain at the hospital tomorrow where he has received treatment throughout his detention. The Tribunal refused the request, stating that it is the right of the Accused to hear the judgment against him.

13 June 2013 ICT-1 Daily Summary – Chowdhury Cross Examination PW 41, Abdus Sobhan Pre-Trial

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Investigation of Abdus Sobhan

In the Chowdhury case, the Defense concluded the cross-examination of Investigation Officer Md Nurul Islam, Prosecution witness 41. The Tribunal also heard an application submitted by Prosecution requesting the Tribunal to reject the Defense’s list of 1153 witnesses. The Prosecution argued that the list did not comply with Rule 51A (1) and did not specify the particulars of which witnesses would testify as to which charges, or on which points the Defense intended to examine the witness. The Prosecution also argued that list repeated the name of certain witnesses. The Defense countered that the list is short considering the political career of the Accused. They stated that while some names are similar, they are not repetitions.

The Tribunal verbally granted the Prosecution’s application with modification. They limited the Defense to 5 witnesses. The Defense objected, stating that there are 23 charges against the accused and that 41 prosecution witnesses testified against CHowdhury. They argued that being limited to 5 witnesses would prejudice their case. The Tribunal did not respond to their objection.The Tribunal then adjourned the proceedings of the case until Monday, 17 July 2013, even if, Defense prayed for more time.

In the ongoing investigation of Abdus Sobhan, the Prosecution submitted their progress report and sought additional time. Tribunal allowed the prayer and adjourned the proceedings of the case until 14 July 2013.  Continue reading

16 April 2013: ICT-1 Daily Summary – Nizami Examination-in-Chief of PW 4, Abdus Sobhan Submission of Investigation Progress Report

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Investigation of Moulana Abdus Sobhan

In the Nizami case the Prosecuttion and Defense respectively conducted the examination-in-chief and cross-examination of Prosecution witness 4, Habibur Rahman Habib. The case was then l adjourned until 18 April 2013.

In the ongoing Investigation of Moulana Abdus Sobhan the Prosecution a progress report.

Chief Prosecutor vs. Nizami – Prosecution witness 4
Today the Tribunal heard testimony from Prosecution witness 4, the former freedom fighter Habibur Rahman Habib.

Prosecution’s Examination-in-Chief
Habibur Rahman Habib first testified about his personal details, including his profession, family, and education. He stated that in 1971 he was Zilla Muktijuddha Commander, the Pabna district commander of freedom fighters. The witness claimed that until 10 April 1971 Pabna had been free from Pakistani occupation. On 11 April 11 the Pakistani forces took control of Pabna. The witness stated that he, his elder brother Shahidullah and as many as 300 or 400 students fled to India. In India he took shelter at Kachuadanga Camp in Shikarpur. Later he went to Deradun with a 45 member team where they received 45 days of training. Then they left Deradun to return to Pabna.

Habib testified that while in India he learned that Moulana Kasimuddin, the headmaster of the Pabna Zilla School, had been killed. The witness stated that he had been close friends with Shibli, the son of Moulana Kasimuddin. The night of 19 August 1971 Habib said he went to meet Shibli to convey his sympathies and Shibli told him the story of his father’s murder.

Habib testified that Shibli told him that on 4 June 1971 his father, Moulana Kasimuddin, told the family members that he would not be safe in his house because Motiur Rahman Nizami had made a list of people to be killed and Kasimuddin’s name appeared on the list. Kasimuddin attempted to hide himself and boarded a bus from Tematha. However some Jamaat leaders identified him on the way and handed him over to the Pakistani Army. Habib testified that Kasimuddin was then taken to the Nurpur army camp. Shibli told Habib that his father was physically and mentally tortured at the camp. Shibli told him that his mother, brother and sisters went to Nurpur camp and begged for the life of Kasimuddin. Shibli also said that his family members begged Nizami for mercy and asked him to free Kasimuddin. Shibli told Habib that in reply Nizami told Kasimuddin’s wife “Tell your husband to give training to the freedom fighters.” Habib testified that Kasimuddin had given training to students with dummy rifles during the Oshohojog Movement at Pabna Zila School. Continue reading

Weekly Digest: Issue 4 – February 10-14, 2013

This week’s digest details the ongoing progress of the Gholam Azam, Nizami, and Chowdhury cases in Tribunal 1. The Tribunal also heard matters regarding the ongoing investigations against Abdus Shobhan and Mubarak Hossain. In the Gholam Azam case the Prosecution completed its cross-examination of Defense witness 1 and the Tribunal scheduled February 17th for Closing Arguments, despite requests from the Defense for more time to produce additional witnesses. In the Chowdhury case the cross-examination of Prosecution witness 17 took place in-camera, and direct and cross-examination of Prosecution witnesses 19 and 20 was completed. The Nizami case experienced delays, as Defense counsel were unable to reach the Tribunal due to ongoing violence in the Palton neighborhood of Dhaka (where their offices are located).

Tribunal 2 heard the cross-examination of the Investigating Officer in the Kamaruzzaman case, who appeared in Court as Prosecution witness 18. In the  Mujahid case The Defense also cross-examined Prosecution witness 1. In the Abdul Alim the Defense cross-examined prosecution witness 10. The Tribunal additionally granted additional time to Home Minister Mohiuddin Khan Alamgir to respond to contempt proceedings against him.

Read the full report here: Weekly Digest, Issue 4 – Feb 10-14

12 Feb 2013: ICT-1 Daily Summary – Chowdhury Direct and Cross-Examination of PW 19

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mobarak Hossain: Report on Investigation and Date for Submission of Formal Charges (Accused Present)
  2. Chief Prosecutor vs Abdus Sobhan  (Accused Not Present)
  3. Chief Prosecutor vs Salauddin Quader Chowdhury (Accused Present)

The Prosecution requested an additional seven days before submitting their Formal Charge against Mubarak Hossain. The Tribunal allowed their prayer and fixed February 25, 2013 for submitting the Formal Charge and extended the bail period till February 25, 2013.

On February 11, 2013 Tribunal heard an application filed by Abdur Razzaq requesting that law enforcement cease harassing Motiur Rahman Akond, Defense Counsel for Abdus Sobhan. Today the Tribunal passed an order directing the law enforcement agencies not to harass Motiur Rahman Akond.

Today, Wahidul Alam Junu, prosecution witness 19 in the Salauddin Quader Chowdhury case, concluded placing his testimony and Defense counsel Ahsanul Huq Hena concluded his cross-examination. Thereafter, Tribunal adjourned the proceedings till February 14, 2013.   Continue reading

11 Feb 2013: ICT-1 Daily Summary – Gholam Azam Cross-Examination of DW 1 Completed

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Abdus Sobhan: Motion regarding harassment of Defense counsel (Not Present)
  2. Chief Prosecutor vs Ghulam Azam: Prosecution cross-examination of DW 1 (Accused Not Present)
  3. Chief Prosecutor vs Motiur Rahman Nizami – Adjourned until Feb 13.

At the beginning of the court session Tajul Islam informed the Tribunal that the clerk of Abdur Razzaq and Defense counsel for Abdus Sobhan were not allowed to enter into the Tribunal. The Tribunal then heard an application filed by Senior Defense counsel Abdur Razzaq requesting that Motiur Rahman Akond, defense counsel for Abdus Sobhan, cease to be subjected to harassment. He submitted that there was an order from the Court against harassment of the Defense team, even if the court had declined to pass an order regarding the warrantless search conducted by police at the Defense chambers, located at City Heart. Abdur Razzaq requested that the Tribunal pass an order.

Prosecutor Simon submitted that Tribunal should not pass an order regarding a matter which is not covered by the ICT Act 1973. He further said that the application should be rejected.

Prosecutor Haider Ali concluded cross-examining Abdullahil Aman Azmi (DW-1) of the Gholam Azam case and the Tribunal adjourned the proceedings until February 13.

The hearing of Nizami’s case was also adjourned until February 13, 2013.  Continue reading