Category Archives: Tribunal 2

15 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Statement

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Abdul Alim

Defense counsels for the accused Mr. Abdul Alim started the Defense closing submission on behalf of the accused before Tribunal 2. Learned advocate for the defense Mr. Tajul Islam opened the Defense submission, followed by Mr. Ahsanul Haque Hena. The Defense submission is scheduled to continue for at least two more working days before the Prosecution gets a brief chance to reply on law points of the case.

Overview of Arguments

a)    Background of the accused Abdul Alim and his whereabouts in 1971.

b)   Defense arguments pertaining to the legal issues of double jeopardy, tri-partite agreement, political trial and selective prosecution

Defense Counsel Mr. Tajul Islam opened the closing submission of the defense in Alim’s case. At the onset of the submission, the counsel gave a detailed account of the Accused‘s educational and political background. Continue reading →

12 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Hearing of Application and Examination of PW-23

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

 Tribunal 2 heard an application under section 19(2) of the International Crimes (Tribunals) Act, 1973 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin. The Prosecution sought to exclude certain previously made statements from witnesses who had been unable to come to the tribunal to testify. These included, for example, the testimony of Nusrat Rabbee, who had left for the US, and Syed Mortuza. The Tribunal granted the application in part, on the grounds that accepting statements from witnesses who are alive but unable to come before the Tribunal for cross-examination would be prejudicial to the accused. The Tribunal concluded that such statements would be admissible only from those who subsequently had died. The Court held that the incomplete testimony of Ms. Nusrat Rabbee would be considered as evidence only insofar as it had been recorded during courtroom examination. After disposing of this application, the court recorded the testimony of PW-23 in the same case. Both the examination-in-chief and cross-examination were completed in one day. The testimony of PW-23 supports the allegations in Charge 4 against the two accused, pertaining to the abduction and killing of martyred journalist Nizam Uddin Ahmed. Continue reading →

10 September 2013: ICT-2 Daily Summary – Abdul Alim, Prosecution Closing Arguments

Today the Tribunal heard matters in the following case:

1.    Chief Prosecutor vs. Abdul Alim

Prosecutor Dr Tureen Afroz made her closing submission on points of law before Tribunal 2 in the case against Abdul Alim. Previously, Prosecutor Rana Das Gupta had finished the Prosecution submission on evidentiary aspects of the case. This marked the end of prosecution case against Alim. The defense closing argument is scheduled to commence from 15 September 2013. Continue reading →

9 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Examination of Prosecution Witnesses

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Today Tribunal 2 recorded the testimony of PW-22 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried jointly and in absentia with representations from state-appointed defense counsels Mr. Abdus Shukur Khan and Ms. Salma Hye Tuni.

Delwar Hossain, who is now 70 years old, gave testimony as PW-22. He is an eyewitness, and the only detainee who managed to survive the Rayerbazar massacre. The witness suspects that he was targeted by Al-Badr men after he got into an argument with a non-Bengali director of his company who was also a retired Air Force officer. Delwar described how he was abducted from his house on 14 December 1971, at around 10 am.  He said that six armed men wearing khaki colored clothing, and two others in civil uniform, entered his house while Pakistani army officers waited at a distance. He stated that Continue reading →

8 September 2013: ICT-2 Daily Summary – Abdul Alim, Prosecution Closing Arguments

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Abdul Alim

Prosecutor Rana Das Gupta continued his closing submissions from 4 September 2013 in the case against Abdul Alim. The Prosecution once again reiterated the strong position of authority Alim appeared to have.  Counsel contended that the accused Alim had been at the core of the crimes against humanity that took place in Laipurhat. Prosecutors argued that he was so powerful that his own accomplices as well as members of the Pakistani army used to execute his orders. The Prosecution also submitted that the Peace Committee and Rajakar men referred the family members of detainees to go to Abdul Alim to procure the release of their loved ones. Referring to the testimony of multiple witnesses, Prosecutor Rana submitted that there were instances where the family members were also compelled to give cash and gold jewelry to Alim in order to facilitate the release of a prisoner. The fate of the detainees lay in the hands of the Accused, and according to the Prosecution, many were killed in accordance with his will.

The Prosecutor reviewed testimony from witnesses who had corroborated each of the charges in the indictment. It became clear during this evidentiary review, that no evidence in support of Charge 4 or 5 had been adduced.  Accordingly, Prosecutors made no submissions in support of these two charges in closing arguments.

Prosecutor Dr Tureen Afroz is expected to give detailed submissions on legal points later this week, on 11 September 2013.