Category Archives: Tribunal 2

Weekly Digest 10: March 24-28

We apologize for the delay in publishing this week’s digest.

The Tribunal was in recess on 26 March 2013 in honor of Bangladesh’s independence day. Additionally, opposition parties declared hartals on the 27th and 28th of March. Therefore our coverage of those days is gathered from media sources as well as discussions with the Defense and Prosecution. Our researchers are unable to attend proceedings on hartal days due to security concerns.

Tribunal 1:
Proceedings in Tribunal 1 continued to center on the Defense’s Closing Arguments in the Gholam Azam case this week, with counsel completing their submissions regarding factual issues and Charge 5. Senior Defense counsel Abdur Razzaq is scheduled to present arguments on legal issues and Charges 1-4 next week. In the Salauddin Qader Chowdhury case the Defense cross-examined Prosecution witnesses 22 and 23. Additionally, The Tribunal heard Chowdhury’s Defense application for police escort to the Tribunal on hartal days.

Tribunal 2:
Tribunal 2 dealt with two cases this week. In the Kamaruzzaman case, Defense witness 5 completed providing testimony, and the Prosecution began Closing Arguments. The Tribunal also heard testimony from Prosecution witness 17, the Investigating Officer, in the Mujahid case.

Please read the full report here: Weekly Digest, Issue 10 – March 24-28

Weekly Digest Issue 9: March 17-21

We apologize for the delay in publishing this week’s digest.

Hartals again interrupted our coverage of the ICT trials. Sunday, 17 March 2013, was a national holiday, and the Tribunal was in recess. Hartals (strikes) were called by the opposition party coalition on Monday and Tuesday, and due to security concerns our researchers were unable to attend. Therefore, our summaries for those days are drawn from media sources as well as conversations with the Defense and Prosecution. On Thursday, both Tribunal 1 and Tribunal 2 adjourned early, after it was announced that the President of Bangladesh had passed away on Wednesday.

Tribunal 1
In Tribunal 1, the Defense and the Prosecution in the Gholam Azam case presented in-depth arguments regarding the applicability of the Doctrine of Command Responsibility to civilians. In the Salauddin Qader Chowdhury case, the Defense cross-examined Prosecution witness 21, who began providing testimony the previous week. The Defense for Sayedee presented two additional applications: one for bail, and the other or certified copies of documents from two criminal cases in the district court system. The Tribunal also heard the examination of Prosecution witness 3 in the Nizami case. Finally, citing the growing insecurity in Dhaka, Defense counsel for Salauddin Qader Chowdhury applied for police escort to the Tribunal on hartal days.

Tribunal 2
Tribunal 2 also experienced significant delays due to hartals, absence of counsel, and illness of witnesses. The court heard the Defense’s cross-examination of Prosecution witness 13 in the Abdul Alim case and granted an extension for the production of a Defense witness in the Kamaruzzaman case. Additionally, the Tribunal dealt with ongoing contempt proceedings against Jamaat leaders.

Please read the full report here: Weekly Digest, Issue 9 – March 17-21

16 April 2013: ICT-2 Daily Summary – Kamaruzzaman Prosecution Reply to Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman – Prosecution Reply – Closing Arguments

Our summary of the Prosecution’s reply to the Defense’s Closing Arguments in the Kamaruzzaman case is forthcoming. We are consulting Prosecution documents to make sure that our coverage is detailed and accurate. Please check back here for the full length post which we will publish shortly.

15 April 2013: ICT-2 Daily Summary – Kamaruzzaman Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammed Kamaruzzaman: Final Defense Closing Arguments

The Defense for Muhammad Kamaruzzaman presented the last of their Closing Arguments for the case. Defense counsel Ehsan Siddique began the submission on behalf of the Accused, Kamaruzzaman. Senior Defense counsel Abdur Razzaq appeared and informed the Tribunal that he would resume his portion of the submission after the lunch break. The Defense highlighted five weaknesses of the Prosecution’s case: 

  •  Evidentiary weakness of Charges 2, 3, 4, 5, 6 and 7.
  • Contradictory witness testimony 
  • Inconsistencies between courtroom witness testimony and original statements to the Investigating Officer
  • Credibility issues
  • Failure to Fulfill Requirements of Doctrine of Command Responsibility

Defense counsel Ehsan began his submission with arguments on further legal points involved in Charge-2. He then addressed inconsistencies and contradictions in the witness testimony and documentary evidence submitted in support of Charges-3, 5, 6, and 7.

After lunch, Abdur Razzaq made some final closing remarks regarding Charge 2 before turning to Charge 4.  He identified and outlined the substantial contradictions between the testimonies of the relevant witnesses. The Defense argued that the Prosecution has primarily relied on oral evidence and did not produce a lot of documentary evidence. Razzaq stated that given numerous inconsistencies and contradictions, the testimony of the Prosecution witnesses leaves too much doubt for a conviction to be justified. The Defense claimed that Kamaruzzaman has been targeted solely because of his political affiliations.

Charge-2:
Definition of “Other Inhumane Acts” as Crimes Against Humanity
Defense counsel Ehsan Siddique claimed that the charge of complicity in Charge-2 has not been proven beyond reasonable doubt. He submitted that the term “other inhumane acts” is not a catch-all category and cannot be used to include any type of action not otherwise enumerated within the statute. He cited to the ICTR Trial Chamber’s decision in The Prosecutor v Clement Kayishema and Obed Ruzindana, para 583, states that the category should not be utilized by the Prosecution as an all-encompassing, “catch-all” term.

Continue reading →