Category Archives: Trial of Ashrafuzzaman Khan

24 June 2013: ICT-2 Daily Summary – Mueen Uddin and Khan Charge Framing Order

Today the Tribunal heard matters in the following cases:

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

Today, Tribunal formally read out its Charge Framing Order against the Accused Chowdhury Mueen Uddin and Ashrafuzzaman Khan, who are being tried in absentia for their alleged roles during Bangladesh’s War of Liberation in 1971. Both the Accused are outside of Bangladesh and have not appeared before the Tribunal, with Uddin believed to be in London and Ashrafuzzaman in New York. On June 16, 2013, the prosecution read out its formal charges before the Tribunal, and alleged that Mueen Uddin was the “operation-in-charge” of Al-Badr, while Ashrafuzzaman acted as its chief executor. Both of the Accused are thus alleged to have directly participated in the killing of Bengali intellectuals and professionals who were brutally targeted between the 10th and 15th of December, 1971, including journalist Dr. Shahidullah Kaiser. Many individuals were allegedly abducted and tortured by the Accused.

ICT-2 took cognizance of the case after the Prosecution, in the last week of April 2013, pressed charges for crimes under the ICT Act of 1973 against the two Accused. On May 12, 2013, the police submitted an official report to the Tribunal, noting that the two Accused could not be arrested as they resided outside of Bangladesh, Mueen Uddin in the United Kingdom and Ashrafuzzaman in the United States. Having received this report from the police, the Tribunal issued an order to its Registrar’s Office to publish an advertisement in two widely-circulated national dailies requesting the two Accused to appear before the Tribunal within 10 days of its publication, and stating that failure to do so would lead to trial-in-absentia. On May 22, 2013, the Prosecution informed the Tribunal that notices had been published on May 14, 2013 in the Daily Janakantha, and on May 15, 2013 in the Daily Star, asking the Accused to submit to the Tribunal with 10 days of publication. The advertisements did not lead the Accused to appear. Finally, on May 27, 2013, ICT-2 noted that the two Accused have absconded, and accordingly ordered their trial to commence in absentia. Abdus Shukur Khan and Salma Hye Tuni, two advocates of the Supreme Court of Bangladesh, were appointed by the Tribunal to serve as counsels to defend both of the Accused.

After hearing the proposed charges were read out by the Prosecution on June 16, 2013, the Tribunal fixed today as the date for to read out the Charge Framing Order. Justice Obaidul Hassan, the Chairman of Tribunal 2, read out the Charge Framing Order in the presence of his fellow Justices Mozibur Rahman Mia and Shahinur Islam.

The full Charge Framing Order is available here: Charge Framing Order for Mueen Uddin and Ashrafuzzaman Khan

16 June 2013: ICT-2 Daily Summary – Mueen Uddin and Khan Charges, Alim Cross Examination of PW 24

Today the Tribunal heard matters in the following cases:

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

The Prosecution read out the charges against Chowdhury Mueen Uddin and Ashrafuzzaman Khan, and the Tribunal fixed June 24, 2013, as the date for delivering the Charge Framing Order.  In the Alim case, Defense counsel Ahsanul Huq Hena concluded the cross examination of Prosecution witness 24. The Prosecution will call its 25th witness on June 17, 2013. Continue reading →

27 May 2013: ICT-2 Daily Summary – Contempt, Ashrafuzzaman Khan and Moinuddin Order, Mujahid Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Prosecution Witness 2, Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan
  3. Chief Prosecutor vs. Chowdhury Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The day’s proceedings began with the Defense notifying the court that Prosecution witness 2 in the Mujahid case had allegedly assaulted Defense counsel member Munshi Ahsan Kabir near his chambers in Paltan, Dhaka. On 26 May 2013, Mr. Kabir was on his way to the chamber to attend a meeting of the Defense team. As he was descending from his rikshaw he encountred the witness, Jalal, who verbally assaulted him, calling him ‘son of Rajakar’ and using other insults and curses. The Defense claimed that Jalal then kicked Mr. Kabir in his lower abdomen by the prosecution witness, causing him to collapse on the ground. Jalal fled the scene. Mr. Kabir was then taken to the hospital by local people. The Defense urged the Tribunal to take action against the attacker of the and expressed the hope that all would agree, including the Prosecution. The Tribunal fixed 28 May 2013 for a hearing of the Defense’s contempt petition regarding the attack.

The Tribunal nex passed an order allowing the trials of Md Ashrafuzaman Khan, alias Nayeb Ali, and Moinuddin Chowdhury to be held in absentia under Section 10A of the ICT Act and Rule 32 of the Rules of Procedure of Tribunal-2. The judges observed that the two accused have not appeared before the court despite publication of notices in two widely circulated national dailies. The Tribunal stated that the two are considered to have absconded in an effort to avoid trial and that therefore their trials will commence in their absence. Mr Abdus Shukur Khan and Salma Hye Tuni, both learned advocates of the Supreme Court of Bangladesh have been selected as State-appointed-counsels to defend the accused, and will receive remuneration as approved by the Tribunal.

Finally, the in the case of Mujahid the Defense resumed Closing Arguments, addressing factual and evidentiary issues pertaining to Charges 2 to 6. The Defense noted that Charge 7 would be addressed on the following day and that Defense counsel Abdur Razzak would subsequently discuss relevant legal issues in the case.  Continue reading →

22 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Alim PW 21, Pre-trial issues and contempt

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Against Selim Uddin
  2. Syed Md Qaisar: Bail Application
  3. Chief Prosecutor vs. Md Ashruzzaman Khan and  Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid – Defense Closing Arguments
  5. Chief Prosecutor vs. Abdul Alim – Cross-Examination of PW 21

The Tribunal deferred the contempt proceedings against Selim Uddin until 28 May 2013 for further order. It then moved on to hear the bail application filed on behalf of Syed Md Qaisar who is currently under investigation for war crimes and related offences that may have been committed during the 1971 War of Liberation. Mr Qaisar, a former BNP leader and a subsequent policy maker of President HM Ershad’s cabinet was arrested on a warrant issued by Tribunal-2 on 15 May 2013. Upon hearing the bail application, the court took a brief recess of twenty minutes before finally rejecting the application. Mr Qaisar was then sent to jail.

The Prosecution team in the cases against Md Ashrafuzaman Khan alias Nayeb Ali and Moinuddin notified the Tribunal that they had followed its order and published a notification in two widely circulated national dailies asking the two defendants to appear before the Tribunal. The notice was published on 14 May 2013 in the Daily Janakantha and on 15 May in the Daily Star. The notification announced that failure to appear within 10 days of such publication would result in the court ordering trials-in-absentia, as was done in the case of Abul Kalam Azad. The Tribunal stated that they would hear the case next on  27 May 2013.

In the case of Mujahid the Defense began their Closing Arguments. They began with arguments regarding the evidentiary aspects of the case and stated that senior Defense counsel Abdur Razzak will be later address the relevant legal arguments.

Finally, the Defense counsel for Abdul Alim conducted the cross-examination of Prosecution witness 21. They primarily attacked the credibility of the witness and accused him of providing false testimony. The Defense further suggested that the witness provide the same testimony to the Investigation Officer during his original interview.  Continue reading →

12 May 2013: ICT-2 Daily Summary – Mujahid Prosecution Closing Arguments, Moinuddin and Khan Pre-Trial

Due to a national hartal our researchers were unable to attend proceedings today. Our coverage is therefore gathered from media sources and conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid
  2. Pre-trial of Chowdhury Moinuddin and Ashrafuzzaman Khan

The Prosecution continued Closing Arguments in the Mujahid case. They began addressing the evidentiary aspects of the case and Charges 1 and 2.

Under Charge 1 Mujahid is accused of the abduction and subsequent murder of Mr Seraj Uddin Hossain, who was the then Executive Editor of the Daily Ittefaq. Mujahid is charged with abduction and murder as Crimes Against Humanity, under section 3(2)(a) of the ICT Act. Prosecution witness 4 testified in support of the charge. It is additionally alleged that Mr. Chowdhury Moinuddin and Mr Ashrafuzzaman Khan, who have recently been separately indicted, partnered with Mujahid, members of Al-Badr and the Pakistani Army in the commission of these crimes.

Charge 2 alleges that Mujahid commited persecution as a Crime Against Humanity and Genocide in conjunction with attacks committed in Baidyadangi, Majhidangi and Baladanga. He is charged under section 3(2)(a) and Section 3(2)(c) of the ICT Act. Prosecution witnesses 6, 8, 9, 10 and 11 supported the allegations within Charge 2. It is alleged that Mujahid committed the alleged crimes with the assistance and participation of Abul Kalam Azad, Hammad Maolana, Gofur Rajakar, Jahangir Razakar, Kalu Bihari and other members of the Pakistani Army, the Razakars, Al-Badr, the Peace Committee and members of the Bihari community.

Chief Prosecutor vs. Chowdhury Moinuddin and Chief Prosecutor vs. Ashrafuzzaman Khan
The Tribunal also addressed the cases against Chowdhury Moinuddin and Ashrafuzzaman Khan. The Police submitted an official report stating that they had been unable to arrest the accused because they are out of country, Moinuddin residing in the United Kingdom and Ashrafuzzaman in the United States. The Tribunal then issued an order to the Office of the Registrar requesting them to publish an advertisement in two widely circulated national dailies asking the two Accused to appear before the Tribunal within 10 days of its publication, failing which a trial-in-absentia will be conducted.

Administrative Issues:
Brussels based legal expert Ahmed Ziauddin who allegedly conducted inappropriate Skype conversations regarding the proceedings with the former Chairman of Tribunal 1, submitted his response to contempt proceedings against him in compliance with the Tribunal 2’s order of 3 January 2013. The submission was received by the Registrar of the ICT through the Ministry of Foreign Affairs. The matter will soon appear in the Daily Cause List of the Tribunal for further order.