Category Archives: War Crimes Studies Center

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.

10 December 2013: ICT-2 Daily Summary – Hartal Coverage of Abdul Quader Molla, Supreme Court Sentence Received and Warrant of Execution Issued; AKM Yusuf, Examination of PW-17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla
  2. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Today the ICT received the case record of Chief Prosecutor vs. Abdul Quader Molla from the Appellate Division of the Supreme Court, along with the Appellate Division’s full Judgment and Order, dated 17 November 2013, in the appeal against conviction (Criminal Appeal Nos. 24-25 of 2013) from Abdul Quader Molla. In its Judgment, the Supreme Court, which is the highest court of appeal, converted the sentence from imprisonment for life, conferred by ICT-2, to “sentence of death.”

The Tribunal also recorded testimony today from PW-17 in the case against AKM Yusuf.

Judgment of the Appellate Division of the Supreme Court of Bangladesh

Following the Judgment and sentencing passed on 5 February 2012 by ICT-2 against Abdul Quader Molla, the State filed Criminal Appeal No. 24 of 2013 seeking enhancement of the sentence from life imprisonment, and appealing against an order of acquittal that had been issued in respect of Charge 4. The Defense filed Criminal Appeal No. 25 of 2013 appealing against conviction of Quader Molla.

The Appellate Division unanimously found in favor of the State’s Appeal, and elected by a 4 to 1 majority to change the sentence from imprisonment for life to death. The Appellate Court further set aside the order of acquittal on Charge 4, instead finding the Accused guilty of the charge, and sentencing him to life imprisonment on that count.

The Appellate Division unanimously dismissed the Defense appeal against conviction on Charge 6, and held by a 4 to 1 majority that the conviction and sentence passed in respect of Charges 1, 2, 3 and 5 should be maintained.

A full copy of the judgment of the Appellate Division of the Supreme Court can be accessed here: Abdul Quader Molla-SC Appellate Division Judgment

Warrant of Execution of Passed

Upon receiving the Appellate Division’s full judgment, ICT-2 instructed the Registrar of the Tribunal to immediately issue a Warrant of Execution on the death sentence. It ordered the Registrar to ensure quick transmission of the Warrant of Execution to the prison authority, directing the Registrar to return the warrant to the Tribunal with an endorsement certifying that the sentence has been executed. The Court also ordered that the Judgment and Order of the Appellate Division be transmitted to the Dhaka District Magistrate and the Secretary of Ministry of Home Affairs for information and necessary compliance with the law.

A copy of the “Warrant of Execution”, issued by ICT-2 can be accessed here: Death warrant of Abdul Quader Molla

Switching cases, ICT-2 moved on to recording the examination-in-chief of PW-17 in the case against AKM Yusuf, after the cross-examination of PW-16 was closed because senior defense counsel was absent, once again. Continue reading →

9 December 2013: ICT-1 Daily Summary – Mobarak Hossain, Defense Case-in-Chief; Zahid Hossain Khokon, PW-10 and PW-11

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak
  2. Chief Prosecutor vs. Zahid Hossain Khokon

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of the Defense Witness 1. However, the senior Defense Counsel for Mobarak Hossain was absent, and the junior Defense Counsel sought two days adjournment on behalf of Senior Counsel. The Tribunal allowed the motion, and adjourned the proceedings of the case until 11 December 2013.

Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded the testimony of Sree Rabindra Nath Datta, Prosecution Witness 10, and Sree Jogonnath Datta, Prosecution Witness 11.  State-appointed Defense Counsel cross-examined the witnesses. Both testified in support of Charge 4. Following conclusion of their testimony, the Tribunal adjourned the proceedings of the case until tomorrow, 10 December 2013.  Continue reading →

9 December 2013: ICT-2 Daily Summary – Hartal Coverage of AKM Yusuf, PW-15 and PW-16

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Despite the ongoing countrywide blockade, ICT-2 was scheduled to record the cross-examination of PW-15 in the case against AKM Yusuf. As has happened in previous days, junior defense counsel, Mr. Gazi M H Tamim informed the tribunal that the senior counsel, Mr. Syed Mizanur Rahman would not be able to appear in the court because of the blockade. The Tribunal closed the cross-examination of PW-15 after the junior defense counsel confirmed that he could not conduct the cross-examination in the absence of his learned senior counsel.

The Court then recorded the examination-in-chief of PW-16. The cross-examination of this witness has been scheduled to be recorded on 10 December 2013, although junior Defense Counsel did pose one question to the witness today. Continue reading →