Category Archives: Trial of Motiur Rahman Nizami

20 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Khandaker Mahbub Hossain, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Khandaker Mahbub Hossain                                       

In the case of Motiur Rahman Nizami, today the Prosecution made rebuttal arguments and the Tribunal closed the summing up.

In the contempt proceedings against Khandaker Mahbub Hossain, a reply was submitted on behalf of Khandakar Mahbub Hossain. Thereafter, the Tribunal adjourned the proceedings of the case until 24 December 2013.  Continue reading

19 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Zahir Hossain Khokon, Opening Statements

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Zahir Hossain Khokon

In the case of Motiur Rahman Nizami, the Defense concluded their closing arguments. Today the Defense focused on legal arguments. The Tribunal set tomorrow, 20 December 2013 for Prosecution to make rebuttal arguments in the Case.

In the case of Zahir Hossain Khokon, the Prosecution made opening statements. The Prosecution went through all 11 of the charges brought against Khokon for crimes against humanity, genocide, and for attempt, abetment or conspiracy to commit crimes, and complicity in or failure to prevent any such crimes. The Prosecution read out the historical background of the case, describing Khokon as Razakar commander of Nogaorkanda Police Station of Faridpur. The Prosecution further submitted that, in 1971, Knokon was an accomplice to the Pakistani Army and was an activist of Jamaat-e-Islami. Continue reading

18 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense placed their submission for the 3rd day. The Defense show the Tribunal inconsistencies found between testimonies of different prosecution witnesses. The Defense made submissions on charge numbers 2, 4, 6, 11, 12, 13 and 14. Thereafter, the Defense prayed for another day and the Tribunal adjourned the proceedings of the case until tomorrow, 19 December 2013. Continue reading

17 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Mobarak Hossain, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

In the case of Motiur Rahman Nizami, the Defense cross-examined the investigation officer Shyamol Chowdhury, PW-12.

In the case of Mobarak Hossain, the Tribunal heard an application filed by Defense under Rule 26(3) of the Rules of Procedure 2010 for review of the Order dated 13 November 2013 closing the proceedings of the instant case to allow the Defense to complete their concluding arguments. The Tribunal disposed off the application with observation and allowed Defense to complete their closing arguments in 2 days. Thereafter, the Defense made submissions on charge numbers 16, 3, 8, 1, 10, 7 and 9.     Continue reading

13 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Mobarak Hossain, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, today was set for the Defense to continue closing arguments, but junior Defense Counsel sought adjournment once again on the ground of “personal difficulties.” The junior Defense Counsel submitted that his senior Mizanul Islam could not come to the Tribunal because he was ill. The Tribunal passed an order keeping the case in CAV (case awaiting verdict).  The order noted that, 3 days time had been fixed for closing argument by the Prosecution, and 4 days time for the Defense. The dates for the Defense arguments had originally been scheduled as 6, 7,10 and 11 November 2013. Defense Counsel failed to appear on the 6th, made partial submissions on the 7th, and then failed to appear again on the 10th, 11th and 12th.  The 13th of November was offered as the final chance for Defense to appear.  The order stated that the Tribunal cannot wait for an indefinite period of time for the so-called ‘personal difficulties’ of Defense Counsels.  Accordingly, the Court concluded that the Defense had forfeited the opportunity to make closing submissions orally. Counsel were invited to submit the rest of their arguments in writing to the Tribunal within 5 days.

Mobarak Hossain

In the case of Mobarak Hossain, today was set for further cross-examination of the Investigation officer. The junior Defense Counsel submitted that the Defense Counsel Ahsanul Huq Hena was in Chittagong and could not reach Dhaka due to ongoing nationwide Hartals. The Tribunal agreed to adjourn the proceedings of the case until 17 November 2013.

12 November 2013: ICT-1 Daily Summary – Hartal Coverage of Mobarak Hossain, Motiur Rahman Nizami, and ATM Azharul Islam

 Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Motiur Rahman Nizami
  3. Chief Prosecutor vs. ATM Azharul Islam

In the case of Mobarak Hossain, today was set for further cross-examination of the Investigation officer. The junior Defense Counsel submitted that senior Defense Counsel Ahsanul Huq Hena is in Chittagong and could not reach Dhaka due to ongoing nationwide Hartals. The Tribunal consented to adjourn the proceedings of the case until tomorrow, 13 November 2013.

In the case of Motiur Rahman Nizami, the junior Defense Counsel submitted that his seniors could not come to the Tribunal due to “personal difficulties.”  The Tribunal adjourned the proceedings of the case until tomorrow, 13 November 2013. The Tribunal further directed the Defense to submit their closing arguments in writing.

In the case of ATM Azharul Islam, the Tribunal indicted ATM Azharul Islam and framed six charges against him. Thereafter, the Tribunal set 5 December for submitting opening statements, and asked the Defense to submit a list of witness, if any, and other relevant documents by that time.

11 November 2013: ICT-1 Daily Summary – Hartal Coverage of Motiur Rahman Nizami; Contempt proceedings against Fakhrul Islam, Defense Counsel for Salauddin Qader Chowdhury

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today was set for the submission of the Defense closing arguments. However, due to another hartal, the senior Defense Counsels who were supposed to make the Defense submissions were absent at the Tribunal. Junior Defense Counsel once again submitted an application seeking adjournment on the grounds of “personal difficulties.” The Tribunal agreed to adjourn the proceedings once again until, 12 November 2013.

In the contempt proceedings against Fakhrul Islam, Defense Counsel of Salauddin Qader Chowdhury, today was set for his appearance. However, Fakhrul Islam was not present at the Tribunal, and his junior appeared on his behalf, seeking adjournment for two months. The Tribunal agreed to adjourn the proceedings of the case until 26 November 2013.