Category Archives: Trial of Azharul Islam

1-5 September 2013: ICT-1 Daily Summaries

From 1 to 5 September 2013 our observer was on leave. These summaries have been compiled from media coverage of the proceedings:

Summary of 1st September
In case of Motiur Rahman Nizami, the Defense conducted the cross-examination of Johurul Haque, Prosecution witness 18. Thereafter, Tribunal adjourned the proceedings of the case until tomorrow, 2 September 2013.

Summary of 2nd September
On 22 August Tribunal heard a petition filed by the Prosecution requesting the Tribunal to issue an order of contempt under section 11(4) of the ICT Act 1973 and Rule 45 of the Rules of Procedure against Human Rights Watch Board of Directors, Executive Director of Asia Division Brad Adams, and Associate of Asia Division Storm Tiv. Continue reading

29 August 2013: ICT-1 Daily Summary – Qasem Ali Pre-Trial, Azharul Islam Pre-Trial, Nizami PW 18

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against Mir Qasem Ali
  2. Pre-trial Proceedings against Azharul Islam
  3. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Mir Qasem Ali the Tribunal was scheduled to issue its order on the Charge Framing of the case. However, the Defense previously requested additional time so that senior Defense counsel Abdur Razzak could attend. The Defense previously submitted a petition requesting that the order be scheduled for after 8 September so that senior Defense counsel Abdur Razzaq could be present to argue for the discharge of the case. The Prosecution opposed the application saying that law does not permit such a long adjournment. The Tribunal then passed an order scheduling its Charge Framing Order for 5 September 2013. In the meantime they stated that if Defense counsel Abdur Razzaq wished to appear before the Tribunal it would allow him to submit arguments in favor of discharging the case.

In the case of ATM Azharul Islam the Prosecution began their arguments on the framing of charges. The Prosecution read out the historical background of the case, claiming that in 1971 ATM Azharul Islam was a student of HSC at Karmicle College, the Rangpur unit President of Islami Chhatra Shangho, and the Al-Badr Commander of Rangpur district unit. The Prosecution has proposed 6 charges against ATM Azharul. After hearing these opening arguments the Tribunal adjourned the proceedings of the case until 3 September as the Defense submitted an application for adjournment at the beginning of today’s session.

In the case of Motiur Rahman Nizami the Tribunal recorded the testimony of Prosecution witness 18, Zahurul Haque. They then adjourned the proceedings of the case until 1 September 2013.  Continue reading

18 August 2013: ICT-1 Daily Summary – ATM Azharul Islam and Mir Qasem Ali Pre-Trial Proceedings

Today the Tribunal heard matters in the following cases:

  1. Pre-trial proceedings against ATM Azharul Islam
  2. Pre-trial proceedings against Mir Qasem Ali 

Today in the pre-trial proceedings against ATM Azharul Islam the Tribunal was scheduled to hear arguments regarding the framing of charges against the Defendant. However, the Defense filed two applications: one for adjournment and another requesting privileged communication with the Defendant. The Defense argued that they received numerous documents from the Prosecution and had not had sufficient time to examine them. Additionally they argued they needed additional time to prepare for the hearing on the charge matter and to consult with their client. The Prosecution opposed the applications, arguing that privileged communication is not appropriate at this stage of trial. After hearing both sides the Tribunal granted both applications and set 24 August for privileged communication between ATM Azharul Islam and his two defense attorneys from 10 am to 1 pm. The Proceedings were then adjourned until 29 August 2013.

The Tribunal then turned to pre-trial proceedings against Mir Qasem Ali in which it heard the Defense’s arguments for dismissal of the proposed formal charges against the Defendant. Continue reading

30 June 2013: ICT-1 Daily Summary – ATM Azharul Islam Pre-Trial, Chowdhury Testimony as DW 1

Today the Tribunal heard matters in the following cases:

  1. Investigation of ATM Azharul Islam
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the ongoing investigation of ATM Azharul Islam , the Prosecution submitted its progress report and requested an additional two weeks time for submission of the Formal Charge. The Tribunal granted the request and scheduled the next hearing for 15 July 2013. In the Chowdhury case the Tribunal heard the ongoing testimony of the Defendant, Salauddin Qader Chowdhury, who testified as Defense witness 1 for the seventh day. They then adjourned the proceedings until 1 July 2013.  Continue reading

8 May 2013: ICT-1 Daily Summary: Hartal, Azharul Islam Investigation Report and AKM Yusuf Formal Charge

Today the Tribunal heard matters in the following cases:

  1. Investigation of ATM Azharul Islam
  2. Chief Prosecutor vs AKM Yusuf

Today Prosecutor Zead Al Malum submitted the progress report of the investigation into ATM Azharul Islam and sought and additional two months time. The Tribunal granted the prayer and fixed 30 June for the submission of the next progress report or the Formal Charge.

In the Investigation of AKM Yusuf the Prosecution submitted the Formal Charge to the ICT Registrar.

Weekly Digest Issue No. 2 January 27-31

This week’s proceedings were dominated by the completion of Closing Arguments in the Sayedee case, heard by Tribunal 1. The Defense presented legal arguments regarding delay in prosecution, malafide intent, the elements of the crimes, and the value of out-of-court statements admitted into evidence under Section 19(2) of the ICT Act. The Prosecution submitted its reply and requested the death penalty against the Accused. The case is now under review and awaiting the Tribunal’s judgment.

Tribunal 2 had a light week, primarily dealing with administrative and evidentiary applications. They additionally heard arguments in pending contempt proceedings.

Read the full report here: Weekly Digest Issue No. 2 – Jan 27-31 

28 Jan 2013: ICT 1- Sayedee Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Prosecutor vs. Azharul Islam (Investigatory Stage)
  2. Chief Prosecutor vs. Delwar Hossain Sayedee: Defense Resubmission of Closing Arguments (Accused Present)

The Prosecution filed an application requesting permission to interrogate Azharul Islam at the Witness Safe House for two days. Defense counsel for Azharul Islam submitted that there is no reasonable cause to take their client to the safe house. They argued that the Investigation Authority can interrogate him at the jail and requested the Tribunal to pass an order on February 5, 2013, as that was the date fixed for the prosecution’s submission of the investigation’s progress report. The Tribunal fixed February 5, 2013 for order.

In the Sayedee case Abdur Razzaq continued the Defense’s Closing Arguments, addressing legal points for the 3rd consecutive day. The Prosecution began its reply to the Defense’s final arguments.

Continue reading