Category Archives: Trial of Motiur Rahman Nizami

18 April 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 4

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami: Cross-Examination of Prosecution witness 4

Today the Defense concluded the cross-examining of Prosecution witness 4, Habibur Rahman Habib. The Tribunal then adjourned the case until 25 April 2013.  The Tribunal had scheduled the examination-in-chief of Prosecution witness 27 in the Salauddin Qader Chowdhury case for today. However, the Tribunal adjourned the proceedings until 21 April 2013.

Chief Prosecutor vs. Nizami
Cross-Examination of PW 4
Today the Tribunal heard the cross-examination of Prosecution witness 4, former freedom fighter Habibur Rahman Habib.

Habib testified that he and about 15 or 16 members of his freedom fighter group were present when a group of Razakars were captured in September. He stated that he did not know what happened to the detained Razakars after they were handed over to their unit commander. He could not remember any of the Razakars names, except for one Shorab and Shitu. The witness claimed that 17 or 18 Razakars were detained in total from Dublia in Chortarapur Union. Habib said that their unit commander Shahid Selim was present when these Razakars were detained. He did not see any of the Razakars after the Liberation War because they were killed after being detained. He acknowledged that during the Liberation War he did not see Motiur Rahman Nizami. The witness claimed that he first saw Nizami at Nogorbari Hat when he was elected as a Member of Parliament after the war. Habib said that he did not talk with Motiur Rahman Nizami before or after the Liberation War or when Nizami was minister.

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Weekly Digest Issue 9: March 17-21

We apologize for the delay in publishing this week’s digest.

Hartals again interrupted our coverage of the ICT trials. Sunday, 17 March 2013, was a national holiday, and the Tribunal was in recess. Hartals (strikes) were called by the opposition party coalition on Monday and Tuesday, and due to security concerns our researchers were unable to attend. Therefore, our summaries for those days are drawn from media sources as well as conversations with the Defense and Prosecution. On Thursday, both Tribunal 1 and Tribunal 2 adjourned early, after it was announced that the President of Bangladesh had passed away on Wednesday.

Tribunal 1
In Tribunal 1, the Defense and the Prosecution in the Gholam Azam case presented in-depth arguments regarding the applicability of the Doctrine of Command Responsibility to civilians. In the Salauddin Qader Chowdhury case, the Defense cross-examined Prosecution witness 21, who began providing testimony the previous week. The Defense for Sayedee presented two additional applications: one for bail, and the other or certified copies of documents from two criminal cases in the district court system. The Tribunal also heard the examination of Prosecution witness 3 in the Nizami case. Finally, citing the growing insecurity in Dhaka, Defense counsel for Salauddin Qader Chowdhury applied for police escort to the Tribunal on hartal days.

Tribunal 2
Tribunal 2 also experienced significant delays due to hartals, absence of counsel, and illness of witnesses. The court heard the Defense’s cross-examination of Prosecution witness 13 in the Abdul Alim case and granted an extension for the production of a Defense witness in the Kamaruzzaman case. Additionally, the Tribunal dealt with ongoing contempt proceedings against Jamaat leaders.

Please read the full report here: Weekly Digest, Issue 9 – March 17-21

16 April 2013: ICT-1 Daily Summary – Nizami Examination-in-Chief of PW 4, Abdus Sobhan Submission of Investigation Progress Report

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Investigation of Moulana Abdus Sobhan

In the Nizami case the Prosecuttion and Defense respectively conducted the examination-in-chief and cross-examination of Prosecution witness 4, Habibur Rahman Habib. The case was then l adjourned until 18 April 2013.

In the ongoing Investigation of Moulana Abdus Sobhan the Prosecution a progress report.

Chief Prosecutor vs. Nizami – Prosecution witness 4
Today the Tribunal heard testimony from Prosecution witness 4, the former freedom fighter Habibur Rahman Habib.

Prosecution’s Examination-in-Chief
Habibur Rahman Habib first testified about his personal details, including his profession, family, and education. He stated that in 1971 he was Zilla Muktijuddha Commander, the Pabna district commander of freedom fighters. The witness claimed that until 10 April 1971 Pabna had been free from Pakistani occupation. On 11 April 11 the Pakistani forces took control of Pabna. The witness stated that he, his elder brother Shahidullah and as many as 300 or 400 students fled to India. In India he took shelter at Kachuadanga Camp in Shikarpur. Later he went to Deradun with a 45 member team where they received 45 days of training. Then they left Deradun to return to Pabna.

Habib testified that while in India he learned that Moulana Kasimuddin, the headmaster of the Pabna Zilla School, had been killed. The witness stated that he had been close friends with Shibli, the son of Moulana Kasimuddin. The night of 19 August 1971 Habib said he went to meet Shibli to convey his sympathies and Shibli told him the story of his father’s murder.

Habib testified that Shibli told him that on 4 June 1971 his father, Moulana Kasimuddin, told the family members that he would not be safe in his house because Motiur Rahman Nizami had made a list of people to be killed and Kasimuddin’s name appeared on the list. Kasimuddin attempted to hide himself and boarded a bus from Tematha. However some Jamaat leaders identified him on the way and handed him over to the Pakistani Army. Habib testified that Kasimuddin was then taken to the Nurpur army camp. Shibli told Habib that his father was physically and mentally tortured at the camp. Shibli told him that his mother, brother and sisters went to Nurpur camp and begged for the life of Kasimuddin. Shibli also said that his family members begged Nizami for mercy and asked him to free Kasimuddin. Shibli told Habib that in reply Nizami told Kasimuddin’s wife “Tell your husband to give training to the freedom fighters.” Habib testified that Kasimuddin had given training to students with dummy rifles during the Oshohojog Movement at Pabna Zila School. Continue reading →

15 April 2013: ICT-1 Daily Summary – Conclusion of Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam
  2. Chief Prosecutor vs. Motiur Rahman Nizami

On April 15, 2013 the Defense for Gholam Azam concluded their Closing Arguments. Imran Siddiq presented the Defense’s arguments based on complicity. Senior Defense counsel Abdur Razzaq presented arguments on the Doctrine of Command Responsibility. The Defense then summarized the Charges against Gholam Azam before the Tribunal. After the completion of the Defense’s case the Tribunal asked the Prosecution to submit their reply. The Prosecution requested one day for preparation of their response. The Tribunal accepted the request and adjourned the proceedings until 17 April 2013.

After the lunch break the Tribunal turned to the Nizami case. Prosecutor Mir Iqbal informed the Tribunal that Prosecution witness 4 had been present in the morning but was now feeling sick and could not testify. The Tribunal therefore adjourned the proceedings until tomorrow, 16 April 2013.

Chief Prosecutor vs. Gholam Azam

Complicity
Count 13 Charge No 4
The Defense submitted that the Prosecution failed to prove that Gholam Azam’s press briefing substantially contributed to the commission of Genocide or Crimes Against Humanity. The Prosecution has failed to adduce evidence in the form of witnesses or documents to establish that identified members of the Pakistan Army and/or its auxiliary forces had heard or read Gholam Azam’s statement prior to committing Genocide or Crimes Against Humanity. The Defense referred to the testimony of the Investigation Officer and submitted that during cross-examination the witness admitted that he not say whether any person had committed atrocities upon hearing or reading Gholam Azam’s statements and speeches.

Count 14, Charge 4
The Prosecution has based Count 14 of Charge 4 on Exhibits 48 and 122  which quote Gholam Azam as saying the damage that was caused by the separatists cannot be remedied merely by chanting slogans. He also alleged that there were those who were colluding with India and involved in arson, looting and violence throughout the country because they wanted an independent East Pakistan. Gholam Azam alleged that in order to assist the separatists and the banned Awami League, India was smuggling infiltrators and arms into the country. Gholam Azam also praised the Pakistani Army for their role in preserving the unity of Pakistan.

The Defense argued that no where in these reports is there proof that Gholam Azam expressed support for the criminal activities of the Pakistani army, nor is there any proof that he urged the members of Jamaat or others to engage in repressive and criminal activities. The Defense further submitted that Gholam Azam’s statement that chanting of slogans would not be enough to redress the damage caused by the separatists does not amount to urging members of Jamaat to commit Genocide or Crimes Against Humanity as alleged in the Charge Framing Order. Continue reading →

1 April 2013: ICT-1 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami –cross-examination of PW 3
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – examination of PW 24
  3. Chief Prosecutor vs. Gholam Azam –Defense Closing Arguments

Defense Counsel for  Motiur Rahman Nizami concluded their cross-examination of Prosecution witness- 3, Rustom Ali Mollah. The Tribunal scheduled the next hearing of the case for 15 April 2013.  In the case against Salauddin Qader Chowdhury the Prosecution conducted the examination-in-chief of Prosecution witness 24, Babul Chakraborty. Thereafter, Defense counsel cross-examined the witness. After the completion of the cross-examination the Tribunal adjourned the proceedings in the Chowdhury case until 4 April 2013.  In the afternoon the Tribunal heard Abdur Razzaq, senior Defense counsel for Gholam Azam, present the Defense’s Closing Arguments based on Charge 1 for conspiracy. The Tribunal then adjourned the Gholam Azam case until tomorrow, 2 April 2013.

Chief Prosecutor vs. Nizami
Cross-Examination of Prosecution Witness 3
The Defense cross-examined Rustom Ali Mollah, Prosecution witness 3. The witness testified that Tarek Khan Mojlish was 7 to 8 years younger than him. He said that Zohir Uddin Jalal is also younger than him but he could not specify by how many years. Rustom testified that he crossed the Bosila river by himself, on his way to Vayaspur and Rampur. He traveled alone and met Zohir Uddin Jalal, a freedom fighter who went by the name Jalal. The witness said that he did not meet with any other freedom fighters before meeting with Jalal. Additionally, he claimed that he did not meet any other freedom fighters during the war. He testified that he continues to live in the same house that he occupied during the Liberation War.

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