Category Archives: War Crimes Studies Center

26 December 2013: ICT-1 Daily Summary – ATM Azharul Islam, Hearing on Petition for Review of the Charge Framing Order

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. ATM Azharul Islam

In the case against ATM Azharul Islam, the Tribunal recorded the testimony of a Prosecution witness in camera today. At the beginning of today’s proceedings the Tribunal asked both the Prosecution and the Defense to affirm before the Tribunal that neither would disclose the identity or the content of the testimony of this witness. The Defense sought to have four lawyers from the Defense team present during the testimony. The Tribunal granted this request. The remainder of proceedings were in closed session.

24 December 2013: ICT-1 Daily Summary – Mobarak Hossain, DW-2; Contempt Proceedings against Channel 24 and others, and Khandaker Mahbub Hossain; Zahid Hossain Khokon, PW-19 and PW-20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Channel 24 and Others
  3. Chief Prosecutor vs. Khandaker Mahbub Hossain
  4. Chief Prosecutor vs. Zahid Hossain Khokon

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording testimony from Defense Witness 2. However the senior Defense Counsel for Mobarak Hossain was absent, so his junior Defense Counsel sought adjournment. The Tribunal granted the motion and adjourned the proceedings of the case until 7 January 2014.

Contempt Proceedings

On 26 September 2013, the Tribunal issued a notice towards Channel 24 and others, asking them to give reply by 10 October as to why contempt proceedings should not be initiated against them. The order particularly asked Dr. Zafrullah Chowdhury and Mahfuz Ullah to personally appear before the Tribunal to explain positions they represented about the Tribunal on a talk Show on Channel 24. The Court further ordered that Channel 24 not broadcast the impugned episode again.

Today, 24 December 2013, was set for a hearing on the matter. Dr. Zafrullah Chowdhury, Trustee of Gonosastho Kendra was present at the Tribunal, however, Mahfuz Ullah, General Secretary of Center for Sustainable Development was absent. The Tribunal ordered Mahfuz Ullah to appear before 2 pm. When he did, the Tribunal set 28 January 2014 for further hearing on these contempt matters.

Another hearing was scheduled for today in the contempt proceedings against Khandaker Mahbub Hossain, but a lawyer representing Mr. Hossain sought adjournment for 4 weeks. The Tribunal granted the request and adjourned the proceedings of the case until 23 January 2014.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Abdul Gafar Mollah (PW-19) and Prosecution Witness 20. Prosecution witness 20 gave testimony in camera. PW-19 testified in support of Charge 9, and was cross-examined by state-appointed Defense Counsel. Continue reading

18 December 2013: ICT-1 Daily Summary – Abdus Sobhan, Charge Framing

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Abdus Sobhan

In the case against Abdus Sobhan, today was set for passing an order on charge framing. However, the Tribunal announced that they had been unable to prepare the order in time, so they set 31 December 2013 for passing the order on charge matters, instead.

15 December 2013: ICT-1 Daily Summary – ATM Azharul Islam, Hearing on Petition for Review of the Charge Framing Order; Mobarak Hossain, DW-1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam  
  2. Chief Prosecutor vs. Mobarak Hossain

ATM Azharul Islam

In the case against ATM Azharul Islam, today was set for hearing an application filed by the Defense for review of the charge framing order. Junior Defense Counsel sought adjournment for one additional day, saying that senior Defense Counsel Abdur Razzak could not appear due to “personal difficulties.” The Prosecution opposed the request. The Court asked the junior Defense Counsel whether he could assure the Tribunal that his senior would definitely appear the next day, if granted another adjournment.  The junior Defense Counsel replied that he could not ensure the appearance of his Senior. The Tribunal therefore denied the request for adjournment, and rejected the petition for review of the Charge Framing Order, stating that the review petition had no substance.  The Tribunal noted that it had already deferred the hearing four times.  In denying the original motion, the Order of the Court concluded the charges had been properly framed on the basis of documents filed by the Prosecution.

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of Defense Witness 1, the Accused. Senior Defense Counsel was absent, so junior Defense Counsel conducted the examination-in-chief. The Tribunal recorded the testimony of the Accused as DW-1. Thereafter, the Prosecution cross-examined Mobarak Hossain. The Tribunal adjourned the proceedings of the case until 24 December 2013.        Continue reading

12 December 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-16; Fakhrul Islam, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Zahid Hossain Khokon
  2. Chief Prosecutor vs. Fakhrul Islam   

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Kolom Sheikh, Prosecution Witness 16. State-appointed Defense Counsel then cross-examined the witness. The witness testified in support of Charge 6. Thereafter, the Tribunal adjourned the proceedings of this case until 23 December 2013.

Fakhrul Islam

In the contempt proceedings against Fakhrul Islam, Defense Counsel for Salauddin Qader Chowdhury, today was set for a hearing. However, Fakhrul Islam was absent from the Tribunal because he had been arrested on 20 November 2013 for alleged involvement in the leaking of a draft verdict passed against Salauddin Qader Chowdhury.  This charge has been brought against him under the Information and Communication Technology Act of 2006. Today, 12 December 2013, junior of Fakhrul Islam appeared on his behalf. The Tribunal set 12 January 2014 for the next hearing on contempt matters. Continue reading

12 December 2013: ICT-2 Update – Abdul Quader Molla, Execution Imminent

This morning, the Supreme Court’s Appellate Division dismissed the request to review a petition on behalf of Quader Molla, who has been sentenced to death by the ICT. This marks the final opportunity to seek review of his case. Execution is expected to be carried out tonight, despite Defence counsel is claims that execution cannot legally be carried out until the full order of dismissal is communicated by the Supreme Court. Defense Counsel have further asserted that, even if the full order is communicated today, questions remain about the applicability of a Jail Code that would accord further time to the accused for seeking President’s mercy.

The political situation in the country is tense and there have been outbursts from of Pro-Jamaat lawyers in the court.