Category Archives: Trial of Mir Qasem Ali

18 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Defense Motions and Opening Statements again delayed; AKM Yusuf, PW-8

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

ICT-2 heard two separate Defense applications today, filed on behalf of accused Mir Quasem Ali. One sought disclosure of Prosecution documents, and the second sought disclosure of further details about Prosecution witnesses. The Tribunal granted the former but not the latter. The Prosecution then sought adjournment of the case until 10 December.  The Court directed the Prosecution to provide the Defense copies of all the documents pertinent to their motion on or before 25 November 2013.

In the case against AKM Yusuf, the Tribunal recorded the examination-in-chief of PW-8, and the Defense began cross-examination before retiring for the day. The testimony of PW-8 supports Charges 10, 11, and 13 faced by the Accused. Continue reading

17 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Opening Statements Delayed; AKM Yusuf, PW-5, PW-6 and PW-7

Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

Today was set for opening statements in the case against Mir Quasem Ali, but the Accused was not present in Court, becasue the Jail Authority had not received the order to produce him. Due to this procedural error, the Tribunal adjourned the case until 18 November 2013, thereby delaying the opening statements by one day.

ICT-2 then moved to the case against AKM Yusuf.  They completed recording the cross-examination of PW-5, and heard complete testimony from PW-6 and PW-7, including their cross-examinations. Continue reading

7 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Order transferring case back to ICT-1 for review; AKM Yusuf, PW-3

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

Tribunal 2 passed an order today, sending the case of Mir Quasem Ali back to Tribunal 1 for disposal of an application filed on behalf of the Defense seeking review of the Charge Framing Order. The Charge Framing Order had been passed by Tribunal 1 on 5 September, 2013. The case was later transferred by Tribunal 1, propio motu, to Tribunal 2 on 30 September 2013. It appeared that a copy of the review application was never received by Tribunal 2 with the case records sent to them from Tribunal 1. Defense stressed that they had indeed filed the application on 17 September 2013, and the Prosecution acknowledged receipt of a copy of the same. Accordingly, the judges of Tribunal 2 were of the opinion that, since the Charge Framing Order had been passed by Tribunal 1, the review petition challenging the Charge Framing Order should also be heard and discharged by the same court. Accordingly, ICT-2 resolved to send the case records back to ICT-1. The case records will be transferred to ICT-1, exclusively for the purpose of reviewing the application.  The case will thereafter be sent back to Tribunal 2 for the commencement of trial. Continue reading

30 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Human Rights Watch Contempt Proceedings; Mir Qasem Ali, Pre-trial Submisisons

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Human Rights Watch
  2. Chief Prosecutor vs. Mir Qasem Ali
  3. Chief Prosecutor vs. Motiur Rahman Nizami

Contempt Proceedings

On 2 September 2013, the Tribunal issued a notice to Human Rights Watch Board of Directors, Executive Directors of Asia Division, Brad Adams, and Associate of Asian Division, Storm Tiv, asking them to submit an explanation within three weeks as to why contempt proceedings should not be brought against them for the publication of an article titled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings: Analysis Outlines how Fair Trial, Rights of Accused Seriously Compromised’ regarding the judgment in the Gholam Azam’s case. Today, Md Asaduzzaman appeared on behalf of Human Rights Watch.  However, he informed the Tribunal that he had not yet secured a signed power of Attorney, so he sought additional time from the Court, before proceeding. The Tribunal agreed to adjourn the proceedings in this matter until 4 November 2013.  Continue reading

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