Category Archives: Tribunal 2

31 July 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 8, Alim adjournment

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

Today the  Tribunal recorded the testimony of PW-8 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. The testimony of Prosecution witness 8 supports Charge 3.  After hearing the witness’ testimony the Tribunal adjourned for the day as the Defense counsel for Alim submitted an application for additional time. The reason for the application was senior Defense counsel Ahsanul Haque Hena’s illness. He was present but had lost his voice and so was unable to conduct proceedings. The Tribunal adjourned the case until 4 August. Continue reading →

30 July 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan and Chowdhury Mueen Uddin PW 7, Alim Cross-Examination PW 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

The Tribunal recorded the testimony of Prosecution witness 7 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. Next it heard the cross-examination of the Investigation Officer, Prosecution witness 35, in the Alim case.

The Tribunal then adjourned for the day after deferring the scheduled order on Syed Mohammad Qaisar’s bail application as the jail authorities failed to submit their report on the health condition of the suspect who is now in its custody. Continue reading →

19 August 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 13

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

In the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin Tribunal 2 recorded the testimony of Prosecution witness 13, Professor Panna Kaesar, alias Saifun Nahar Chowdhury. Both the examination-in-chief and cross-examination were completed. The witness’ testimony supports Charge 9, pertaining to the killing of journalist Shahidullah Kaesar.

In the case against Abdul Alim, the Tribunal rejected a time petition moved by senior defense counsel Mr Ahsanul Haque Hena. However, the case was subsequently adjourned for the day since Ashrafuzzaman and Mueen Uddin’s case took longer than anticipated.

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Legal Conclusions from Kamaruzzaman Judgment

We are pleased to present our fourth Special report on the third verdict issued by Tribunal 2.

Special Issue # 4: Legal Conclusions from Chief Prosecutor vs. Kamaruzzaman

This special report provides a detailed summary of the legal conclusions made by the International Crimes Tribunal in its fourth verdict, the Judgment of Chief Prosecutor vs. Kamaruzzaman. The verdict was issued on 9 May 2013. All seven Charges leveled against Kamaruzzaman alleged direct involvement in Crimes Against Humanity, or in the alternative, complicity in Crimes Against Humanity. The Tribunal found Kamaruzzaman guilty of complicity in Crimes Against Humanity for Charges 1, 2, 3, 4, and 7. He was acquitted of Charges 5 and 6.  This special report focuses on the legal conclusions within the Judgment, particularly on the Tribunal’s decisions concerning evidentiary standards, the definition and elements of complicity in Crimes Against Humanity, and the doctrine of Command Responsibility. For more information on the procedural history of the case and the factual findings of the Tribunal please refer to our initial report on the case, Special Issue #2: Kamaruzzaman Verdict. The legal conclusions expressed in this report are a summary and restatement of those found in the Tribunal’s verdict, for the benefit of those interested in following the work of the ICT.  The interpretations of law described herein do not necessarily reflect the institutional views of the Asian International Justice Initiative or its researchers.

29 July 2013: ICT-2 Daily Summary – contempt proceedings, Ahsrafuzzaman Khan and Mueen Uddin PW 5 and 6.

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Prosecution Witness Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin

The Tribunal revisited the contempt proceedings against Jahir Uddin Jalal, who is accused of attacking a member of the Defense outside of the High Court. The Tribunal previously passed an order on the matter cautioning against his behavior without concluding that he in fact had attacked the Defense counsel. Jalal contested the order and stated that his lawyer had been acting without his consent in approving of such an order. The Tribunal therefore recalled the order and is rehearing the matter.  Jalal’s newly appointed counsel, Mr Kamrul Islam Siddiqui, made submissions on his behalf. Mr Abdur Razzak appeared on behalf of the petitioner, Defense counsel member Munshi Ahsan Kabir. The Tribunal heard both parties and then passed an order asking the Chief Metropolitan Magistrate to carry out an enquiry into the alleged incident.

Next the Tribunal turned the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, in which they recorded the cross-examination of Prosecution witness 5 and the examination of Prosecution witness 6.

Continue reading →