Category Archives: Trial of Chowdhury Mueen Uddin

18 September 2013: ICT-2 Daily Summary – Hartal Coverage of Abdul Alim, Defense Closing Arguments; Ashrafuzzaman Khan & Chowdhury Mueen Uddin, PW-25 Examination

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

This was was the first day of a 48-hour countrywide shut down called by Jamaat-e-Islam. Due to the Hartal, our monitors could not safely travel to the Court to attend proceedings.  The following coverage was compiled from official court records and communication with the parties to the proceedings.

On this day, Mr. Ahsanul Haq Hena, the defense counsel for the accused Abdul Alim continued his closing submissions for the 4th day, before Tribunal 2 of the ICT. Counsel addressed evidentiary aspects of charges 4 through 10 of the indictment against the Accused. The Tribunal requested that Counsel conclude the closing submission the following day.

In the case against Ashrafuzzaman Khan & Chowdhury Mueen Uddinm, the Tribunal continued to record the testimony of PW-25, Mr. Ataur Rahman, one of the two investigation officers of the case against Mueen and Ashraf. PW-25 was specifically assigned to investigate the involvement of Chowdhury Mueen Uddin. The State-appointed defense counsel, Ms. Salma Hye Tuni, commenced the cross-examination of the witness. Cross Examination is scheduled to conclude tomorrow.

17 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Arguments; Ashrafuzzaman Khan & Chowdhury Mueen Uddin, PW-25 Examination

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Defense counsel for Mr. Abdul Alim continued his closing submission for the third day before Triubal 2. The Tribunal also recorded the testimony of the second Investigation Officer of the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan. The IO gave testimony as PW-25.

Alim: Defense closing submission on points of law

Defense Counsel, Mr. Ahsanul Haque Hena, continued his legal submissions on behalf of his client, Abdul Alim. He commenced his submission for the third day by discussing the issue of Shaon Lal Bajla’s Godighar (sitting room).  He then proceeded to discuss specific evidence pertaining to each of the charges, in turn. Continue reading

16 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Arguments; Ashrafuzzaman Khan & Chowdhury Mueen Uddin, PW-24 Examination

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Defense counsel for the Accused, Mr. Abdul Alim, continued his closing submission before Triubal 2. The Court also recorded the cross examination of the Investigation Officer who gave testimony as PW-24 in the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan.

Alim case: Defense closing submissions on points of law

Defense Counsel, Mr. Ahsanul Haque Hena, continued his legal submissions on behalf of his client, Abdul Alim. He began the session by focusing on general points about the political structure of the parties existing in 1971.  He argued that this historical information was pertinent to help the Court understand any ties the Accused had with these political parties. 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

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

5 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan and Chowdhury Mueen Uddin, Examination of PW-21; AKM Yusuf, Examination of PW

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin
  2. Chief Prosecutor v. AKM Yusuf

Tribunal 2 recorded the testimony of two Prosecution witnesses, one in the case against Ahrafuzzaman Khan and Chowdhury Mueen Uddin and the other in the case against AKM Yusuf.

Ashafuzzaman and Mueen are being tried jointly and in absentia, as one resides in New York and the other in London. Sazzad, who gave testimony in this case as PW-21 told the tribunal that Ashrafuzzaman Khan had been a tenant in their Nakhalpara house and stayed there occasionally during the War of Liberation in 1971.

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2 September 2013: ICT-2 Daily Summary – Abdul Alim DW-3 Examination, Ashrafuzzaman Khan & Chowdhury Mueen Uddin, adjourned

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Tribunal 2 was in session with just two Justices presiding: Md Mozibur Rahman Miah and Md Shahinur Islam. Chairman Mr. Justice Obaidul Hassan remain on leave.

In the Alim case, the Tribunal recorded the testimony of Mr Sazzad bin Alim, the son of accused Abdul Alim.  He gave testimony as DW-3. Mr Ahsanul Haque Hena conducted the examination-in-chief, which lasted for three and half hours. Mr. Rana Das Gupta formally commenced the cross-examination, but did not finish.  Cross examination is expected to continue September 3, 2013.

The case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin was adjourned for the day after the Prosecution counsel failed to present the prosecution witness who was supposed to give testimony before the Tribunal.

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