Category Archives: Trial of Motiur Rahman Nizami

5 May 2013: ICT-1 Daily Summary – Nizami Defense Petitions

Today the Tribunal heard matters in the following matters;

1. Chief Prosecutor vs. Motiur Rahman Nizami

The Tribunal heard arguments from the Defense regarding two petitions filed on 2 May 2013. The first requested medical treatment for Motiur Rahman Nizami and the second sought admission of additional documents as exhibits.

A Junior Defense counsel submitted that Motiur Rahman Nizami suffers from diabetes and arthritis which have recently increased due to his journey from Dhaka to Chittagong (he is also accused of another case filed in Chittagong). Therefore he requested access to physiotherapy. The Tribunal granted the petition and requested the jail authorities to provide him treatment in Hospital when necessary.

The Defense then submitted arguments in support of their request to exhibit additional documents showing media interviews given by Prosecution witness 6, Shahjahan Ali. Prosecutor Mir Iqbal Hossain opposed the petition and submitted that section 9(5) of the ICT Act 1973, allowing for the admission of such documents, is only applicable at the time of commencement of trial not in this stage of proceedings. Thereafter, Tribunal rejected the petition.

2 May 2013: ICT-1 Daily Summary – Chowdhury PW 32, Nizami PW 6

Today the Tribunal heard matters in the following cases:

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

In the Chowdhury  case the Tribunal heard the examination-in-chief of Prosecution Witness 32, Basanti Ghosh. The Defense declined to cross-examine the witness because she did not allege that Salauddin Qader Chowdhury was involved in the mass killing committed in Unsattar para. The then Tribunal adjourned the proceedings of the case until 6 May 2013.

In the Nizami case the Defense filed two applications. The first requested medical treatment for Motiur Rahman Nizami and the second sought admission of additional documents as exhibitis. The Tribunal scheduled the hearing of the applications for Sunday, 5 May. The Defense also concluded cross-examining Prosecution witness 6, Shahajahan Ali. The Tribunal then adjourned the case until 12 May 2013.

Chief Prosecutor vs. Chowdhury – Prosecution Witness 32
Today the Prosecution called Basanti Gosh as Prosecution witness 32. She is the wife of victim Momoranjon Gosh and testified in support of Charge 6. This charge alleges that Salauddin Qader Chowdhury committed Genocide under section 3(2)(c )(i), 3(2)(3 )(ii) and deportation as a Crime Against Humanity under section 3(2)(a) of the ICT Act 1973.

Examination-in-Chief
Basanti testified that in 1971 (did not specify date) a Pakistani military officer and a Bengali came to her house and captured his husband Monoranjon Gosh. She testified that she tried to make the two men free her husband but that the military officer beat her. She stated that her husband was taken to Khitish Mohazon’s home where he was lined up along with other prisoners and killed. She did not specify how he was killed. She testified that after two days her husband’s brother brought Monoranjon’s body back. She testified that her husband’s name is listed among the names of victims on the memorial   monument that now marks the site.

Cross-examination
The Defense declined to cross-examine the witness because she did not identify Salauddin Qader Chowdhury as being involved in the alleged crimes. Continue reading →

Weekly Digest Issue 11: March 31- April 4

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

This week Tribunal 1 dealt with the Motiur Rahman Nizami, Salauddin Qader Chowdhury, and Gholam Azam cases. In the case against Nizami the Defence cross-examined Prosecution witness 3, Rustom Ali Mollah. In the case against Salauddin Qader Chowdhury the Tribunal heard both the examination-in-chief and cross-examination of Prosecution witness 24, Babul Chakraborty. Gholam Azam’s Defence counsel continued their Defence Closing Arguments, addressing the conspiracy allegations under Charge 1, as well as legal arguments on incitement. Proceedings were delayed by hartals and the absence of Defense counsel.

In Tribunal 2, the Court heard the Prosecution’s Closing Arguments in the Kamaruzzaman case, during which they addressed evidentiary issues including hearsay, and legal arguments about the standard of complicity and under the doctrine of Superior Responsibility. Due to the hartal on 2 April, ICT 2 convened only briefly to allow the Prosecution to complete their examination-in-chief of the Investigation Officer in the Mujahid case. On 3rd April the Defence began its presentation of Closing Arguments in the Kamaruzzaman case, addressing factual issues in Charges 1-3 and responding to the legal issues raised by the Prosecution during their Closing Arguments.

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

30 April 2013: ICT-1 Daily Summary – Chowdhury PW 31, Nizami PW 6

Today the Tribunal heard matters in the following cases:

Chief Prosecutor vs Salauddin Qader Chowdhury: Examination-in-Chief and Cross-Examination of Prosecution Witness 31, Accused Present

Chief Prosecutor vs Motiur Rahman Nizami: Examination-in-Chief and Cross-Examination of Prosecution Witness 6, Accused Present

Today the Tribunal heard the cross-examination of Prosecution witness 31, Shujit Mohazon, in the case of Salauddin Qader Chowdhury. Shujit testified in support of Charge 6, which alleges Genocide and deportation as a Crime Against Humanity. The case was then adjourned until 2 May 2013. In the Nizami case the Prosecution conducted the examination-in-chief of Prosecution Witness 6, Shahajahan Ali. The witness testified in support of Charge 6, which alleges murder as a Crime Against Humanity. The Defense began their cross-examination but did not complete their questioning before the end of the day. The Tribunal adjourned the case until 2 May 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Shujit Mohazon testified as Prosecution witness 31 in support of Charge 6. Chowdhury is accused of  committing offense of Genocide under section 3(2)(c )(i), 3(2)(3 )(ii) and deportation as Crimes Against Humanity under section 3(2)(a) of the ICT Act.

Cross-Examination
The Defense began by asking Shujit Mohazon about his profession. Shujit stated that he he is a shopkeeper and received his trade license from the Union Council. The Defense suggested that the Mohazon name is known as being involved with determining interest rates in Chitagong. The witness said he did not know anything about such business.

The Defense then asked the witness about Bozlur Rahman road. Shughit that the road was visible from his house but that he did not see any army vehicles on the road on the day of the incident on that day.

Continue reading →

25 April 2013: ICT-1 Daily Summary – Nizami PW 5, Chowdhury, PW 30

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Motiur Rahman Nizami: Prosecution Witness 5, Accused Present
  2.  Chief Prosecutor vs Salauddin Qader Chowdhury – Prosecution Witness  30, Accused Present

Today in the Nizami case the Prosecution conducted its examination-in-chief of Prosecution witness 5, Nazim Uddin Khattab. The Defense began their cross-examination, which continued until the lunch break. The Tribunal then adjourned the case until 28 April 2013.

In the Chowdhdury case Defense conducted the cross-examination of Prosecution witness 30, Md Nazim Uddin. The witness testified in support of Charge 4 which alleges that Nizami conspired to commit crimes under section 3(2)(g) of the Act and was complicit in murders, rapes, looting and destruction of properties as Crimes Against Humanity  under section 3(2)(h), section 3(2)(g) and 3(2)(a) read with section 4(1) and section 4(2) of the ICT Act 1973.

Chief Prosecutor vs. Nizami: Prosecution witness 5
Examination-in-Chief
Nazim Uddin Khattab testified that on the morning of 25 April 1971 he saw Motiur Rahman Nizami with Rafikun Nabi Bablu, Asad, Afzal, Moslem, Shukur and Siraj doctor attending a meeting at the Union Board Office. He said that after half an hour the meeting concluded and everyone exited the meeting room. Rofikun Nobi Bablu began yelling and verbally insulting the witness and others who were with him. Bablu was angry at them for voting in favor of Boat (the symbol of the Awami League) in 1970 and for supporting the Awami League. The witness further testified that Nizami told them that if they left the village they would assume that they were joining the freedom fighters and their family members would be killed. If they stayed in the village he said no one would be harmed.

Continue reading →