Category Archives: Trial of AKM Yusuf

26 August 2013: ICT-2 Daily Summary – AKM Yusuf Order On Defense Application

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf

Today Tribunal 2 rejected a review application filed by the Defense on behalf of AKM Yusuf seeking review of the Charge Framing Order.  Only two members of the bench were present, Justice Mozibur Rahman Miah and Justice Md Shahinur Islam. Jointly they issued an order summarily rejecting the petition by reason of the Defense’s delay in submitting the application. The Tribunal did not accept the Defense’s argument that the delay in filing the application was due to a delay in obtaining a certified copy of the original Charge Framing Order. No other cases were listed in the court ‘s daily cause list and Chairman of Tribunal 2, Justice Obaidul Hassan, is currently on leave. The Tribunal then adjourned for the day.

1 August 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order

Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. AKM Yusuf

The Tribunal formally read out its Charge Framing Order against the accused A.K.M Yusuf.

Background of the accused
AKM Yusuf, who is now 87 years old, was an active member of Jamiate-Talabee-e-Arabia during his student life and joined Jamaat-e-Islami in 1952. In 1957 he became the Chief of Jamaat’s Khulna Division, prior to becoming elected as a Member of National Assembly in 1962. He was then nominated as the Provincial Joint Secretary of Jamaat-e-Islami in 1969 and acted as the Deputy Amir of then East Pakistan Jamaat-e-Islam in the year 1971.

It is alleged that Yusuf was the Chairman of the Peace Committee of greater Khulna and formed Razakar forces in the sub-division, police station, and local union level in greater Khulna district. He was previously prosecuted and convicted under the Collaborators Order of 1972, soon after Bangladesh’s victory over Pakistani forces. However he was released following an amnesty issued by the government.

Procedural History & the Charge Framing Order
The Chief Prosecutor submitted the Formal Charge against AKM Yusuf on 28 April 2013, relying on the Investigation Report of the Investigation Agency. Tribunal 1 took cognizance of the offences on 12 May 2013 after finding a prima facie case against him and issued a warrant for his arrest. The Accused was arrested on 14 May 2013 and has been in custody since then. The case was transferred to Tribunal 2. Upon hearing the proposed charges read out by Prosecutor Mr Rishikesh Saha on 14 July 2013 and the Defense’s response on 24 July 2013, the Tribunal fixed today to issue the Charge Framing Order. The Chairman of Tribunal 2 read out the Charge Framing on behalf of the bench. The Judges stated that a previous sentence under the Collaborators Order of 1972 and the amnesty granted for convictions of such offences does not bar the Accused’s trial for the commission of Crimes Against Humanity or Genocide. They framed 13 Charges against AKM Yusuf, alleging actual commission, complicity and superior responsibility for Crimes Against Humanity and Genocide.

The full Charge Framing Order can be read here: AKM Yusuf Charge Framing Order

  • Charge-1: Abetting and substantially contributing to Persecution as a Crime Against Humanity for looting and burning 400 shops and houses at Morleganj. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-2: Abetting and substantially contributing to Genocide, or in the alternative Persecution as a Crime Against Humanity for the torture and killing of 50-60 civilians in the Hindu community of Ranjitpur village. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-3: Abetting and substantially contributing to Genocide, or in the alternative,  Persecution as a Crime Against Humanity at Morelganj Bazar locality. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-4: Abetting and substantially contributing to Genocide, or in the alternative, Persecution as a Crime Against Humanity for ordering Razakars to kill 600-700 Hindu civilians in Dakra village of Rampal, Bagherhat. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-5: Abetting and substantially contributing to Genocide, or in the alternative, Persecution as a Crime Against Humanity at Chulkuthi Bazar. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-6:  Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of civilians at Vasha Bazar under Kachua Police Station. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-7: Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of 40 Hindu civilians at Shakarikathi Bazar under Kachua Police Station. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-8: Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of 40 Hindu civilians at Shakarikathi Bazar. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-9: Abetting and substantially contributing to Murder as a Crime Against Humanity for the killing of Abu Bakar Siddique at Barukhali Razakar camp. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-10: Abetting and substantially contributing to Murder as a Crime Against Humanity for the murder of three unarmed freedom fighters at Raenda Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-11: Abetting and substantially contributing to Murder as a Crime Against Humanity of two unarmed freedom fighters at Tafalbari Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-12: Abetting the Murder of Dr Majid as a Crime Against Humanity at Morelganj Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-13: Participating in and abetting the Murder of Abdus Salam as a Crime Against Humanity at Raenda Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.

All the above counts contain charges under both Section 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1972, with exception to Charge-1 that contains charge under Section 4(1) only.

The Tribunal also rejected AKM Yusuf’s bail application, requiring him to be in jail custody during the trial. The trial is scheduled to commence on 5 September 2013 when the Prosecution will place its opening statement.

The full Charge Framing Order can be read here: AKM Yusuf Charge Framing Order

24 July 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order, Khan and Mueen Uddin PW 5, Alim PW

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against AKM Yusuf
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  3. Chief Prosecutor vs. Abdul Alim 

Today Tribunal began by hearing a bail application on behalf of AKM Yusuf. The Defense presented arguments both regarding the necessity of bail, and the insufficiency of the charges proposed against AKM Yusuf by the Prosecution. They argued that the suspect should be discharged as the allegations against him are malafide and inspired by political motivations. The Tribunal also heard the Prosecution’s response. They  scheduled 1 August for issuing their order regarding bail and the potential framing of charges against the suspect. They instructed the jail authorities to submit a report on the availability of their medical facilities and their ability to meet the needs of the suspect while in custody.

The Tribunal then turned to the case of Ashrafuzzaman Khan and Chowdhury Mueen Uddin in which the Prosecution  called Prosecution witness 5 to testify in support of Charge 6. As the trials are being conducted in absentia,  state appointed Defense counsel Shukur Khan and Tuny will be allowed to conduct the cross examination at a later date on behalf of Ashrafuzzaman Khan and Chowdhury Mueen Uddin respectively.

In the Alim case the Tribunal rejected an application from the Defense requesting additional time due to the illness of senior Defense counsel Ahsanul Huq Hena. A junior Defense attorney stated that Hena is physically unwell and is undergoing treatment at the United Hospital. The Tribunal was critical of the delayed application and stated that it would briefly begin the examination of the Investigation Officer and would continue  it the following day. Thus the tribunal very briefly started recording the examination of the Io, but then fixed 25 July 2013 as the date for recording his entire testimony. 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.

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.