Category Archives: Trial of Mubarak Hossain

15 December 2013: ICT-1 Daily Summary – ATM Azharul Islam, Hearing on Petition for Review of the Charge Framing Order; Mobarak Hossain, DW-1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam  
  2. Chief Prosecutor vs. Mobarak Hossain

ATM Azharul Islam

In the case against ATM Azharul Islam, today was set for hearing an application filed by the Defense for review of the charge framing order. Junior Defense Counsel sought adjournment for one additional day, saying that senior Defense Counsel Abdur Razzak could not appear due to “personal difficulties.” The Prosecution opposed the request. The Court asked the junior Defense Counsel whether he could assure the Tribunal that his senior would definitely appear the next day, if granted another adjournment.  The junior Defense Counsel replied that he could not ensure the appearance of his Senior. The Tribunal therefore denied the request for adjournment, and rejected the petition for review of the Charge Framing Order, stating that the review petition had no substance.  The Tribunal noted that it had already deferred the hearing four times.  In denying the original motion, the Order of the Court concluded the charges had been properly framed on the basis of documents filed by the Prosecution.

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of Defense Witness 1, the Accused. Senior Defense Counsel was absent, so junior Defense Counsel conducted the examination-in-chief. The Tribunal recorded the testimony of the Accused as DW-1. Thereafter, the Prosecution cross-examined Mobarak Hossain. The Tribunal adjourned the proceedings of the case until 24 December 2013.        Continue reading →

11 December 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-14 and PW-15; Mobarak Hossain, DW-1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon
  2. Chief Prosecutor vs. Mobarak Hossain

Due to blockades and political unrest over the anticipated execution of Abdul Qader Molla, our monitors could not safely travel to the Court to attend proceedings today.  The following coverage was compiled from direct communication with the parties to the proceedings, as even local media coverage of the proceedings was scant for this day.

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Prosecution Witness 14 and Prosecution Witness 15. The state-appointed Defense Counsel cross-examined both witnesses. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 12 December 2013.

In the case of Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However, the senior Defense Counsel for Mobarak Hossain was absent, and the junior Defense Counsel sought adjournment on behalf of his senior. The Tribunal granted the motion, and adjourned the proceedings in the case until 15 December 2013.

9 December 2013: ICT-1 Daily Summary – Mobarak Hossain, Defense Case-in-Chief; Zahid Hossain Khokon, PW-10 and PW-11

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak
  2. Chief Prosecutor vs. Zahid Hossain Khokon

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However, the senior Defense Counsel for Mobarak Hossain was absent, and the junior Defense Counsel sought two days adjournment on behalf of Senior Counsel. The Tribunal allowed the motion, and adjourned the proceedings of the case until 11 December 2013.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Sree Rabindra Nath Datta, Prosecution Witness 10, and Sree Jogonnath Datta, Prosecution Witness 11.  State-appointed Defense Counsel cross-examined the witnesses. Both testified in support of Charge 4. Following conclusion of their testimony, the Tribunal adjourned the proceedings of the case until tomorrow, 10 December 2013.  Continue reading →

8 December 2013: ICT-1 Daily Summary – Contempt Proceedings against The Economist magazine and Human Rights Watch; Mobarak Hossain, Defense Case-in-Chief; ATM Azharul Islam, Pre-Trial hearing on charge framing order

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Human Rights Watch
  3. Chief Prosecutor vs. Adam Roberts and Others (The Economist)
  4. Chief Prosecutor vs. ATM Azharul Islam  

Contempt Proceedings Against Human Rights Watch

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 about the Gholam Azam case, entitled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings: Analysis Outlines how Fair Trial, Rights of Accused Seriously Compromised.’

Today, 8 December 2013, had been set for submissions of the reply. However, Md Asaduzzaman appeared on behalf of Human Rights Watch and informed the Tribunal that, although they had already submitted the vokalotnama (power of Attorney) he did not receive the relevant documents from the Prosecution until today.  Accordingly, Counsel sought adjournment for 8 weeks. The Tribunal granted the request in pat, but set the date to reconvene the proceedings on 7 January 2014.

Contempt Proceedings Against The Economist

In the contempt proceedings against Economist, today was set for passing order on show cause notice. However, the Tribunal elected to delay until 29 December 2013.

Mobarak Hossain

In the case of Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However the senior Defense Counsel for Mobarak Hossain was absent, and junior Defense Counsel sought adjournment for one day. The Tribunal  granted the request, and adjourned the proceedings of the case until tomorrow, 9 December 2013.

ATM Azharul Islam

In the case of ATM Azharul Islam, today was set to hear a petition filed by Defense to review the charge framing order, as well as a petition filed by the Prosecution to allow three Prosecution witnesses to testify in camera. However, the senior Defense Counsel Abdur Razzak, who was supposed to make submission on behalf of the Defense, was again not present at the Tribunal.  Once again, junior Defense Counsel sought adjournment for two days, citing “personal difficulties.”  The Judges of ICT-1 granted the petition for adjournment, but noted that they had allowed adjournments three times already.  They warned Defense Counsel that this would be the last time they would allow the adjournment for hearing on these petitions.

The Tribunal set 10 December 2013 for hearing on these petitions.

3 December 2013: ICT-1 Daily Summary – Mobarak Hossain, Defense Case-in-Chief; Zahid Hossain Khokon, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Zahid Hossain Khokon

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However the senior Defense Counsel for Mobarak Hossain was absent from the Tribunal once again, and the junior Defense Counsel sought adjournment for 3 additional days.  He gave the same explanation as on December 1, saying that senior Defense Counsel Ahsanul Huq Hena is in Chittagong, and could not manage to come to Dhaka due to the ongoing blockades. The Tribunal granted the adjournment, and scheduled 8 December 2013 to reconvene in the case.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, today was set for recording the testimony of Prosecution witness 10, however the Prosecution submitted that the Prosecution witnesses could not come Dhaka due to the ongoing blockades.  Accordingly, they sought adjournment. The Tribunal granted this request, adjourning the proceedings in the case until 9 December 2013.