Category Archives: War Crimes Studies Center

12 November 2013: ICT-1 Daily Summary – Hartal Coverage of Mobarak Hossain, Motiur Rahman Nizami, and ATM Azharul Islam

 Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Chief Prosecutor vs. Motiur Rahman Nizami
  3. Chief Prosecutor vs. ATM Azharul Islam

In the case of Mobarak Hossain, today was set for further cross-examination of the Investigation officer. The junior Defense Counsel submitted that senior Defense Counsel Ahsanul Huq Hena is in Chittagong and could not reach Dhaka due to ongoing nationwide Hartals. The Tribunal consented to adjourn the proceedings of the case until tomorrow, 13 November 2013.

In the case of Motiur Rahman Nizami, the junior Defense Counsel submitted that his seniors could not come to the Tribunal due to “personal difficulties.”  The Tribunal adjourned the proceedings of the case until tomorrow, 13 November 2013. The Tribunal further directed the Defense to submit their closing arguments in writing.

In the case of ATM Azharul Islam, the Tribunal indicted ATM Azharul Islam and framed six charges against him. Thereafter, the Tribunal set 5 December for submitting opening statements, and asked the Defense to submit a list of witness, if any, and other relevant documents by that time.

11 November 2013: ICT-2 – Hartal Coverage of Syed Mohammad Qaisar, Charges Pressed by the Prosecution

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Syed Mohammad Qaisar

This was the second day of a BNP-led-18-party opposition alliance enforced a continuous 84-hour countrywide hartal.  Due to the Hartal, our researcher could not safely travel to the Tribunal to be present in Court.  The following coverage was compiled from direct communication with Court officials, parties to the proceedings, and news coverage of the day’s events.

In ICT-2 today, Prosecutor Rana Das Gupta made brief submissions on the charges pressed by the Prosecution against Syed Mohammad Qaisar. The Prosecution submitted that the Accused had been involved in the killing of a total of 155 people over eleven separate incidents. He was also allegedly connected with two incidents involving rapes and five concerning abduction, looting, arson and other crimes. Counsel submitted that Syed Mohammdar Qaiser had formed the “Qaisar Bahini”, a force that played brutal role in the Brahmanbaria and Hobiganj area. The Qaisar Bahini allegedly comprised approximately 700 to 800 Rajakars. The Prosecutor further alleged that Qaisar was also a member of the Habiganj Peace Committee and the Chairman of Madhabpur Peace Committee under the Hobiganj area of greater Sylhet. He submitted that the involvement of the Accused were discovered in the course of investigation by the Investigation Agency, and will be supported by witness statements and miscellaneous other documentary evidence at trial, the Prosecutor argued.

At the conclusion of Prosecution submissions, the Court fixed 14 November 2013 as the date for passing the Charge Framing Order in the Qaisar case.

11 November 2013: ICT-1 Daily Summary – Hartal Coverage of Motiur Rahman Nizami; Contempt proceedings against Fakhrul Islam, Defense Counsel for Salauddin Qader Chowdhury

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today was set for the submission of the Defense closing arguments. However, due to another hartal, the senior Defense Counsels who were supposed to make the Defense submissions were absent at the Tribunal. Junior Defense Counsel once again submitted an application seeking adjournment on the grounds of “personal difficulties.” The Tribunal agreed to adjourn the proceedings once again until, 12 November 2013.

In the contempt proceedings against Fakhrul Islam, Defense Counsel of Salauddin Qader Chowdhury, today was set for his appearance. However, Fakhrul Islam was not present at the Tribunal, and his junior appeared on his behalf, seeking adjournment for two months. The Tribunal agreed to adjourn the proceedings of the case until 26 November 2013.

10 November 2013: ICT-1 Daily Summary – Hartal Coverage of Motiur Rahman Nizami

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

Today was set for the submission of the Defense closing arguments. However, due to another hartal, the senior Defense Counsels who were supposed to make the Defense submissions were absent at the Tribunal. Junior Defense Counsel submitted an application seeking adjournment on the grounds of personal difficulties. It is notable that on Hartal days the Defense Counsels tend to seek adjournment on the ground of “personal difficulties” instead of mentioning the hartal.

The Tribunal agreed to adjourn the proceedings of the case until tomorrow, 11 November 2013.

10 November 2013: ICT-2 – Hartal Coverage of Syed Mohammad Qaisar, Charges Pressed by the Prosecution

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Syed Mohammad Qaisar

The BNP-led-18-party opposition alliance enforced a continuous 84-hour countrywide hartal from 10 November 2013 until 13  November 2013.  This marked the opposition’s longest continuous hartal after the Eid vacation, significantly slowing down the proceedings of the Tribunal. Due to the Hartal, our researcher could not safely travel to the Tribunal to be present in Court.  The following coverage was compiled from direct communication with Court officials, parties to the proceedings, and news coverage of the day’s events.

Despite the hartal, the Prosecution pressed a total of 18 charges against Syed Mohammad Qaisar who was under investigation for his wartime role and alleged involvement with the Rajakar forces and Peace Committee in the Habiganj area of greater Sylhet. The formal charges against Qaisar were submitted to the Registrar Office of the Tribunal by Prosecutor Tureen Afroz and Prosecutor Ziad Al Malum.

The 18 charges pressed against the accused include 11 incidents concerning his involvement in the killing of approximately 155 people, 2 incidents concerning rape, and 5 incidents involving abduction, looting, arson and miscellaneous other crimes. All of these incidents allegedly occured between April and November in 1971. Our researchers have thus far been unable to obtain a copy of the formal charges submitted.

Previously, on 5 August 2013, Qaisar was granted conditional bail by ICT-2, due to his health condition.