Category Archives: Trial of Delwar Hossain Sayedee

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 

Weekly Digest, Issue No. 1 – January 20-24, 2013

This is the first issue of the Weekly Digest, a summary of proceedings at the International Crimes Tribunal that will be published on a weekly basis. These reports are designed to provide an overview of events in a digestible manner, suitable to those who want to stay abreast of the proceedings but do not have the time to follow the Daily Summaries.

This week the Tribunal issued its first verdict, the judgment in the Case of Chief Prosecutor vs. Abul Kalam Azad, alias Bachu. The Defendant was tried in absentia by Tribunal 2, and found guilty of six counts of crimes against humanity and one count of genocide. He was sentenced to death by hanging. Tribunal 1 primarily heard the Defense’s closing arguments in Chief Prosecutor vs. Delwar Hossain Sayedee. The Tribunal additionally addressed applications for the removal of Prosecutor Zead al-Malum among other matters.

Read the full report:

Weekly Digest, Issue 1 – Jan 20-24

Contents of Weekly Digest Issue No. 1
Cases Covered:
Tribunal 1: Sayedee, Nizami, Golam Azam, Chowdhury
Tribunal 2: Kalam Azad, Mujahid, Kamaruzzaman, Qader Molla, Abdul Alim

Applications and Orders:
Tribunal 1: Application for Removal of Prosecutor Zead al-Malum; Application for Contempt Proceedings against Ahmed Ziauddin; Application for Review of Order Denying Retrial; Application for Extension of Bail;

Tribunal 2: Final Judgment; Contempt Proceedings against MK Anwar and Sranjit Sen Gupta; Witness Testimony

Read the full report here:

Weekly Digest, Issue 1 – Jan 20-24

29 Jan 2013: ICT-1 – Sayedee Prosecution’s Final Reply

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Professor Gholam Azam: Defense request for adjournment (Accused not Present)
  2. Chief Prosecutor vs. Mir Qasem Ali: Announcement of date for submission of formal charges or progress report
  3. Chief Prosecutor vs. Delwar Hossain Sayedee: Prosecution’s Reply to Defense Closing Arguments (Accused Present)
  4. Chief Prosecutor vs. Salauddin Qader Chowdhury: Rejection of review applications and hearing of application to allow Chowdhury to attend Parliament

Today the Defense Counsel for Gholam Azam sought adjournment for the day. The request was allowed and the case was adjourned for the day.

In the case against Mir Qasem Ali, which is still in the investigation stage, the Tribunal fixed March 3, 2013 for the submission of either the Formal Charge or a Progress Report of the investigation.

In the Sayedee case the Prosecution finished its reply to the Defense’s closing arguments and requested the death penalty. Thereafter, Tribunal officially closed the case, announcing that the case would be under consideration until verdict was issued. The Tribunal will give notice to both the Prosecution and Defense as to when the Judgment will be ready.

In the Chowdhury case the Tribunal rejected the Defense’s application, filed January 24, requesting contempt proceedings to be issued against the Daily Jugantor, its editor and publisher Salma Islam, and staff reporter Swapan Dash Gupta.  The Tribunal also summarily rejected two review applications filed by the Defense requesting review of two orders. They reasoned that the applications for review were not filed within 7 days of the orders, dated 3 December 2012 and 14 January 2013 respectively, and were therefore barred. The Defense also filed an application requesting that Chowdhury be allowed to attend a session of Parliament. The Tribunal heard the application and fixed January 30, 2013 for passing its order.

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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.

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27 Jan 2013: ICT 1 Daily Summary – Sayedee Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Qasem Ali: Application for Medical Transport of Accused (Accused Not Present)
  2. Chief Prosecutor vs. Delwar Hossain Sayedee: Resubmission of Defense Closing Arguments (Accused Present)

Defense Counsel for Mir Qasem Ali filed an application requesting health specialized transport to and from the Tribunal for their client.

Abdur Razzaq, Senior Defense Counsel for Delwar Hossain Sayedee, continued submitting closing arguments on legal points for the 2nd consecutive day. He addressed issues of delay in prosecution, malafide intention of the prosecution, and the elements of the crimes as defined under International Customary Law. 

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24 Jan 2013: ICT 1 Daily Summary – Sayedee, Mubarak Hossain, Chowdhury

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mubarak Hossain: Report on Progress of Investigation (Accused not Present)
  2. Chief Prosecutor vs. Delwary Hossain Sayedee: Resubmission of Defense Closing Arguments (Accused Present)
  3. Chief Prosecutor vs. Salauddin Qader Chowdhury: Application for Contempt Proceedings (Accused not Present)

Tribunal-1 extended the bail period of Mubarak Hossain, whose case is currently in the investigation stage, until February 12, 2013. The Tribunal directed the Prosecution to submit its Progress Report regarding the investigation by February 12, 2013. The Prosecution stated that they received the Investigation Report on January 24, 2013 and need two weeks to submit the Formal Charge.

On January 24, 2013 Mizanul Islam, defense counsel for Delwar Hossain Sayedee completed the Closing Arguments based on the charges and Abdur Razzaq began the defense arguments based on legal points.

The Defense counsel for Salauddin Qader Chowdhury filed an application under section 11(4) of the ICT Act 1973 requesting contempt proceedings be brought against the Daily Jugantor, its editor and publisher Salma Islam, and staff reporter Swapan Dash Gupta.

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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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