Category Archives: Trial of Motiur Rahman Nizami

25 August 2013: ICT -1 Daily Summary: Nizami PW 17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

Today the Tribunal recorded the testimony of Jamal Uddin, Prosecution witness 17, in the case against Motiur Rahman Nizami. Jamal Uddin testified in support of Charges 2, 4 and 6. The Defense Counsel began its cross-examination of the witness but did not complete it before the close of the day’s session.

Prosecution witness 17, Jamal Uddin, testified in support of charges 2, 4 and 6. Charge 2 alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act 1973, resulting in murder, rape and deportation of victims as Crimes Against Humanity. He is accused of being liable as a party to a joint criminal enterprise under section 4(1), and due to his superior responsibility under section 4(2) of the Act. Under Charge 4 the Prosecution alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act and was complicit in murder, rape, looting and destruction of properties as crimes against humanity in the village Karamja, He is therefore charged under section 3(2)(a), 3(2)(h), and 3(2)(g). The charges cite both section  4(1) and 4(2) as the relevant modes of liability. Charge 6 alleges that Motiur Rahman Nizami raided the homes of Dr. Abdul Awal and others in Dhulaura. Having detained a number of persons it is alleged that Nizami was involved in first handing over at least 30 persons to the Pakistani army to be killed and later killing an additionally 22 persons who initially escaped. He is charged under section 3(2)(a), with liability specified under sections 4(1) and 4(2).

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1 August 2013: ICT-1 Daily Summary – ICT-1 Daily Summary – Chowdhury Defense Closing Arguments Begin

Today the Tribunal heard matters in the following cases:

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

Today in the Nizami case Prosecution witness 16 was scheduled to testify. However, the Prosecution failed to produce the witness and requested adjournment. The Tribunal allowed the request and fixed 11 August for recording the testimony of Prosecution witness 16.

In the case of Salauddin Qader Chowdhury, Defense counsel Ahsanul Huq Hena sought adjournment until Sunday, 4 August 2013, saying that he is sick. The Tribunal said that they cannot adjourn the case because of one Defense attorney’s illness when another Defense counsel is available in the same case. Thereafter, Ahsanul Huq Hena began the Defense’s Closing Arguments. Continue reading →

24 July 2013: ICT-1 Daily Summary – Nizami PW 15, Chowdhury Defense Application and DW 4

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 Nizami case the Tribunal heard the examination-in-chief and cross-examination of Prosecution witness 15, Aminul Islam Dablu.

In the Chowdhury case the Tribunal had scheduled today as the deadline for producing Defense witnesses 4 and 5, Salman F Rahman and Shamim Hasnain. However, the Defense filed an application stating that they were facing difficulties in producing the witnesses and requested that the Tribunal allow another Defense witness, Abdul Momen Chowdhury, to testify in place of Salman F Rahman. The Prosecution opposed the application, noting Abdul Momen Chowdhury’s name did not appear in the original list of 1153 witnesses submitted by the Defense. They argued that section 9(5) of the ICT Act states that if the Defense intends to rely upon witnesses, the list of witnesses must be submitted before the Tribunal and the Prosecution at the commencement of the trial. The Prosecution additionally submitted that there is no scope under the ICT Act of 1973 or the Rules of Procedure to allow alternative witness. After hearing both the sides, the Tribunal verbally granted the Defense’s application and asked the Defense if they would be able to produce the witness by 12 pm. The Defense agreed and the witness testified and was cross-examined by the Prosecution. After concluding the cross-examination, the Defense requested that the Tribunal allow them to produce Shamim Hasnain (on of the 5 DWs) on 28 July. However, the Tribunal passed an order and stated that the examination-in-chief of Defense witnesses has been concluded. They noted that they provided two additional opportunities for the Defense to produce the witness and that they did not now find any new ground for reconsideration. The Tribunal finally scheduled 28 July for the beginning of the Prosecution’s Closing Arguments and 31 July for the beginning of the Defense Closing Arguments.  Continue reading →

22 July 2013: ICT-1 Daily Summary – Mobarak Hossain Adjournment, Nizami Cross-Examination of PW 14

Today the Tribunal heard matters in the following cases:

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

In the  Mobarak Hossain case the Tribunal was scheduled to hear the cross-examination of Prosecution Witness 6, Abdul Malek, who testified in support of charge 5. However, Hossain’s Defense counsel was absent when the item was called before the bench. After waiting half an hour the Tribunal stated that the Defense’s absence was unsatifisfactory. They passed an order scheduling the 28 July for the examination-in-chief of Prosecution Witness 7, instead of fixing a date for the cross-examination of Prosecution Witness 6, Abdul Malek.

In the Motiur Rahman Nizami case, the Defense completed the cross-examination of Prosecution witness 14, Abdus Salim Latif, who testified in support of charges 7 and 9. Thereafter, Tribunal adjourned the case until 24 July 2013. Continue reading →

21 July 2013 ICT-1 Daily Summary – Chowdhury DW 3 cross-examination; Nizami PW 14

Today the Tribunal hear matter in the following cases:

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

In the Salauddin Qader Chowdhury case, the Prosecution completed cross-examining Defense Witness 3, Qayyum Reza Chowdhury. The Tribunal also heard an application filed by Defense requesting the admission of 55 additional documents. Having heard both sides the Tribunal passed an order. The  Defense then verbally requested adjournment and Tribunal  set 23 July for examination-in-chief of Defense Witness 4.

In the Moborak Hossain case today was fixed for the cross-examination of Prosecution Witness 6, Abdul Malek, who is to testify in support of charge 5. However, the Tribunal adjourned the proceedings of the case until tomorrow, 22 July 2013.

In the Motiur Rahman Nizami case, the Tribunal heard the examination-in-chief of Prosecution witness 14, Abdus Salim Latif, who testified in support of charges 7 and 9. The Tribunal then adjourned the case until tomorrow, 22 July 2013. Continue reading →