Category Archives: Tribunal 2

21 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ashrafuzzaman Khan and Mueen Uddin PW 3

21 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ahrafuzzaman Khan and Chowdhury Mueen Uddin PW 3

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 Chwodhury Mueen Uddin

Today the Tribunal heard ongoing arguments from both parties in the contempt proceedings against Prosecution witness Jahir Uddin Jalal, who allegedly assaulted defense counsel Mr Munshi Ahsan Kabir outside of the High Court. After consulting the victim of the alleged attack the Tribunal disposed off the matter with and order of caution to the contemnor.

The  Tribunal then moved to the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, in which the Prosecution called Prosecution witness 3 to testimony. State appointed defense attorneys Shukur Khan and Tuny will conduct the cross-examination of the witness on 23 July 2013. Continue reading →

18 July 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan and Chowdhury Mueen Uddin Cross-Examination PW-2, Investigation of Syed Mohammad Qaisar, Pre-trial AKM Yusuf

Today a nation-wide hartal was called in response to the conviction and sentencing of Ali Ahsan Mohammed Mujahid. Our coverage of today’s proceedings are therefore gathered from media sources as well as from conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin, in absentia
  2. Investigation of Syed Mohammad Qaisar
  3. Pre-trial Stage of AKM Yusuf Case

Continuing where they left of on 16 July in the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, the Tribunal heard the cross-examination of Prosecution witness 2, Asif Munir. The witness is the son of Professor Munir Chowdhury, who was killed as part of the Bangladeshi intellectual community in December of 1971. He was cross-examined by the two state appointed defense attorneys: Mr Shukur Khan who is representing Ashrafuzzaman Khan and Ms Tuny who is representing Chowdhury Mueen Uddin.

The Tribunal also directed the Prosecution to submit a progress report on the investigation into suspect Syed Mohammad Qaisar. They scheduled the report for 13 August 2013. Qaisar, an former state Minister in President Ershad’s cabinet, has been in police custody since 21 May 2013 for his alleged involvement in atrocities committed during the 1971 independence war.

In the pre-trial proceedings against AKM Yusuf the Tribunal granted a Defense application for additional time and adjourned the proceedings of the case until 22 July 2013.

Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
Cross-Examination of Prosecution Witness 2
The witness Asif Munir previously testified that his father was abducted by Al-Badr men from their house in Central Road, Dhaka on 14 December 1971, just two days prior to Bangladesh’s victory against the Pakistan. He also claimed that his father was targeted because of his vocal opposition to the then Pakistani government’s anti-Bengali stance. He described how his father was abducted from their Central Road house and said that he learned the details of the incident from his mother, brother and a paternal uncle, all of whom witnessed the incident first hand.

Asif Munir that at around 1 p.m. on the day of the incident someone knocked at the door. The witness’s mother saw from the window that a microbus was standing in front of their house. The vehicle was covered with tree branches on its roof and covered with mud.  A few young men got out of the car and came to their gate, where they were met by the witness’ uncle, Mr Shamsher Chowdhury Rusho. The men asked Mr. Shamser  if he was Munir Chowdhury. The uncle said no and went back to the house where he informed the victim Munir that they were seeking him. Munir then went down to the ground floor to meet the men. The witness then said that he was told that his father was forced into the microbus at gunpoint after a heated exchange of words. The witness’s mother and brother, Mishuk Munir, witnessed the incident from the first floor. The witness stated he only four years old at that time.

After independence the family of the witness who saw the incident became sure that Ashrafuzzaman and Mueen Uddin were both directly involved in the abduction upon seeing the photographs of the perpetrators published in a newsreport in the Daily Purbadesh. They recognized the photographs of the two accused as being amongst those youths who abducted the victim. The newspapers alleged that these men were directly involved in the killing of many other Bengali intellectuals.

The witness further stated that he later coincidentally met one Mr Delwar Hossain who was similarly picked up by Al-Badr men in December, 1971. Delwar told him that he heard the name of Munir Chowdhury and saw him amongst those who were detained and tortured in the Al-Badr concentration camp in Mohammadpur Physical Training Institute.

The witness stated that his brother also gave similar description in his statement given to the Investigation Officer of the case, before his early demise in a tragic road accident on 13 August 2011.

17 July 2013: Mujahid Found Guilty of 4 Charges – Sentenced to Death

Today Tribunal 2 issued its fourth verdict in the case of Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid. It is the sixth verdict issued by the International Crimes Tribunal. The Tribunal found Mujahid guilty of four of seven charges: specifically Charges 3, 5, 6 (which the Tribunal combined with Charge 1, because both stem from the same events), and 7. He was acquitted of Charges 2 and 4.

The Charges and the Verdict:

  • Charge 1: Abetting Abduction as a Crime Against Humanity, or in the alternative, abetting murder as a Crime Against Humanity. This charge was combined with Charge 6 as the Tribunal felt that both pertained to the same incident, the massacre of the Bangladeshi intellectual community in December of 1971.
  • Charge 2: Persecution as a Crime Against Humanity, or in the alternative, for abetting Genocide by participating in an attack on the Hindu villages of Baidyadangi, Majhidangi and Baladangi. Charged under Section 3(2)(c)(g) of the Act and Sections 4(1) and 4(2). Acquitted.
  • Charge 3: Confinement as a Crime Against Humanity for his role in the confinement and torture of Ranji Nath, alias Babu Nath. Found guilty and sentenced to imprisonment for five years.
  • Charge 4: Abetting the crime of Confinement and causing Inhumane Acts as Crimes against Humanity under Section 3(2)(a)(g) for his alleged involvement in the abduction and torture of Abu Yusuf. Acquitted.
  • Charge 5: Abetting murder as a Crime Against Humanity for ordering the killing of detainees at the army camp at old MP Hostel, Nakhalpara, Dhaka. Found guilty and sentenced to imprisonment for life.
  • Charge 6: Abetting murder as a Crime Against Humanity, or in the alternative, abetting Genocide against the intellectual group. Charged under Section 3(2)(c)(g) read with Sections 4(1) and 4(2). Found guilty and sentenced to death in conjunction with Charge 7.
  • Charge 7: Participating in and Facilitating the commission of Murder as a Crime Against Humanity, or in the alternative, for persecution as a Crime Against Humanity, for his roll in an attack on the Hindu community on 13 May 1971. Found guilty and sentenced to death in conjunction with Charge 6.

The Tribunal noted that it considered Mujahid’s “superior position of authority on the Al-Badar force together with the intrinsic gravity and degree and pattern of criminal acts” as aggravating factors that further justified the death sentence.

The full judgment can be found here: Mujahid Judgment

Additionally, we will be publishing our full summary of the case and the Tribunal’s conclusions in the near future. Please check back frequently for updates. 

16 July 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan and Chowdhury Mueen Uddin – PW 1 and 2

A nationwide hartal was called in response to the conviction and sentencing of Professor Gholam Azam. Our coverage of the day’s proceedings is collected from media sources and from conversations with both the Defense and Prosecution teams.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin, in absentia

In the joint case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia, the Tribunal heard the examination-in-chief of two prosecution witnesses. Ms Masuda Banu Ratna testified as Prosecution witness 1, followed by Asif Munir, as Prosecution witness 2. Ms. Masuda Banu Ratna (PW 1) was cross-examined by the two state appointed defense attorneys, Mr Shukur who is representing Ashrafuzzaman and Ms Tuny who is representing Mueen Uddin prior to PW-2’s examination-in-chief.

Prosecution witness 1
Prosecution witness 1: Ms. Masuda Banu Ratnatestified that both Mueen Uddin and Ashrafuzzaman took part in anti-independence programs on Dhaka University campus and that she knew them at that time. She stated that she saw the two in a meeting held at the Arts Faculty Building in Dhaka University campus on 15 August 1971, marking the independence day of Pakistan. She stated that Ashrafuzzaman and Mueen Uddin were involved in the abduction of her uncle Professor Giasuddin Ahmed. The witness stated that she gathered information about various anti-independence groups and their activities by roaming around various areas, including Dhaka University campus. The Defense counsel claimed that their respective clients were not involved in the abduction of Prof. Giasuddin on 14 December 1971, as alleged in the charge framing order.

Prosecution witness 2
Following the cross-examination of Prosecution witness 1, the Tribunal recorded the examination-in-chief of Prosecution witness 2, Asif Munir. The witness is the son of an intellectual Professor, Munir Chowdhury, who was killed in the December 1971 round-up of Bangladesh’s intellectual community. Munir Chowdhury was a professor in the Bangla Department of Dhaka University. The witness testified that his father was abducted by Al-Badr men from their house in Central Road, Dhaka on 14 December 1971, just two days prior to Bangladesh’s victory against the Pakistani army. He stated his father was targeted because he was vocally opposed to the then Pakistani government for its anti-Bengali stance. His cross-examination is to be held tomorrow, 18 July 2013.

14 July 2013: ICT-2 Daily Summary – AKM Yusuf Charge Hearing

Today the Tribunal heard matters in the following cases:

  1. Pre-trial stage of AKM Yusuf case 

Today Tribunal 2 heard the proposed charges against AKM Yusuf from the Prosecution. They shcheduled 18 July 2013 for the hearing of the Defense’s reply, following which the Charge Framing Order will be passed. After the Prosecution concluded its hearing on the charge framing, the Defense submitted an application requesting privileged communication with the Defendant who is being held in pre-trial detention. .The request was granted. Although the Defense also requested two days additional time for case preparation prior to communication with the Accused, the Tribunal emphasized the need to deal with the cases expeditiously and scheduled the meeting for 17 July 2013, from 10 a.m. until 1 p.m. Two members of the Defense team will meet AKM Yusuf in jail for privileged communication.