Category Archives: Trial of Salauddin Qader Chowdhury

30 July 2013: ICT-1 Daily Summary – Khokon Pre-Trial, Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Pre-Trial Proceedings against Zahid Hossain Khokon
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

On 18 July the Tribunal took cognizance of the charges proposed against Zahid Hossain Khokon and issued a warrant for his arrest. Today the Tribunal passed an order under Rule 31 instructing the relevant authorities to publish notice of the warrant in the Daily Jonokontho and the Daily Star asking Zahid Hossain Khokon to appear before the Tribunal by 14 August 2013.

In the Salauddin Qader Chowdhury case the Prosecution made its Closing Arguments for the third consecutive day. The Prosecution presented their arguments on Charges 7, 8, 10, 11, 14 and 17. On 24 July the Tribunal passed an order allotting the 3 days to the Prosecution for their Closing Arguments, with an additional day allotted for the Prosecution’s reply to the Defense’s Closing Arguments. However the Prosecution had not completed their submissions by the end of today’s session and requested two additional days. The Tribunal granted them only one additional day, asking that they complete their presentation by tomorrow, 31 July 2013.  Continue reading

29 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

 At the beginning of today’s proceedings the Tribunal summarily rejected an application for adjournment filed yesterday by the Defense requesting additional time for approval from the Chief Justice for High Court judge Shamim Hasnain to testify in the Chowdhury case. The Prosecution then continued with its Closing Arguments for the second consecutive day, addressing charges 3, 4, 5 and 6. Arguments will continue tomorrow. Continue reading

28 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mobarak Hossain

In the Chowdhury case the Prosecution began their Closing Arguments, addressing charges 1, 2 and 3. The Defense also filed an application seeking adjournment stating that Shamim Hasnain is willing to testify in the case and has requested permission to do so from the Chief Justice. They requested adjournment until approval is granted. The Defense also attached a letter sent by Salman F Rahman (one of the proposed DWs) to the registrar in which the potential witness stated that he is currently out of the country, has fallen ill and has been instructed by his doctors to recover prior to traveling. The Tribunal responded that if it decided the application merited hearing it would appear in the cause list the next day.

In the case against Mobarak Hossain today was scheduled for the examination-in-chief of Prosecution Witness 7. However, due to the Closing Arguments in the Chowdhury case the Tribunal rescheduled the witness’ testimony for 12 August. 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

23 July 2013: ICT-1 Daily Summary – Chowdhury Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal was scheduled to hear the examination-in-chief of Defense Witness 4. However, the Defense filed two applications, one for adjournment in order to produce Defense witnesses 4 & 5, and another requesting the Tribunal to accept an affidavit from the mother of Shamim Hasnain (one of the 5 proposed Defense witnesses) into evidence.

The Defense submitted that Shamim Hasnain is willing to depose. Shamim Hasnain is a judge of the High Court and has requested leave from his institution to testify before the Tribunal. He and the Defense are awaiting for the Chief Justice’s approval. In light of the pending request, the Defense requested adjournment of the case until 28 July.

The Defense additionally informed the Tribunal that Salman F Rahman, one of the 5 proposed Defense witnesses, has fallen sick while traveling to Mecca. They submitted that he would be available after Ramadan to provide testimony before the Tribunal and requested that his testimony be scheduled accordingly. The Prosecution opposed the prayer saying that the application is being filed in order to delay the proceedings of the Tribunal. The Tribunal passed an order stating that the application for adjournment was is supported by any evidence and that the Tribuna would give a last chance for the production of the Defense witness by fixing 24 July as the deadline to produce Defense witnesses 4 and 5.

Regarding the second application, the Defense submitted that the mother of Shamim Hasnain has provided a worn affidavit regarding Salauddin Qader Chowdhury’s alibi that he was in Pakistan in 1971. The Prosecution opposed the application saying that in this stage of Trial there is no scope to file any affidavit before the Tribunal. After hearing both the sides, Tribunal rejected the application stating that Shamim Hasnain is one of the proposed Defense witness and likely to depose before the Tribunal.