13 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Mobarak Hossain, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, today was set for the Defense to continue closing arguments, but junior Defense Counsel sought adjournment once again on the ground of “personal difficulties.” The junior Defense Counsel submitted that his senior Mizanul Islam could not come to the Tribunal because he was ill. The Tribunal passed an order keeping the case in CAV (case awaiting verdict).  The order noted that, 3 days time had been fixed for closing argument by the Prosecution, and 4 days time for the Defense. The dates for the Defense arguments had originally been scheduled as 6, 7,10 and 11 November 2013. Defense Counsel failed to appear on the 6th, made partial submissions on the 7th, and then failed to appear again on the 10th, 11th and 12th.  The 13th of November was offered as the final chance for Defense to appear.  The order stated that the Tribunal cannot wait for an indefinite period of time for the so-called ‘personal difficulties’ of Defense Counsels.  Accordingly, the Court concluded that the Defense had forfeited the opportunity to make closing submissions orally. Counsel were invited to submit the rest of their arguments in writing to the Tribunal within 5 days.

Mobarak Hossain

In the case of Mobarak Hossain, today was set for further cross-examination of the Investigation officer. The junior Defense Counsel submitted that the Defense Counsel Ahsanul Huq Hena was in Chittagong and could not reach Dhaka due to ongoing nationwide Hartals. The Tribunal agreed to adjourn the proceedings of the case until 17 November 2013.

12 November 2013: ICT-2 – Hartal Coverage of AKM Yusuf

Today the Tribunal heard matters in the following case: 

  1. Chief Prosecutor vs. AKM Yusuf

This was the third day of the 84-hours countrywide Hartal enforced by the BNP-led-18-party opposition alliance. The following coverage was compiled from direct communication with Court officials, parties to the proceedings, and news coverage of the day’s events.

The case of AKM Yusuf appeared in the daily cause list for ICT-2, and the Court was scheduled to record the testimony of PW-4. However, the Defense Counsel for the Accused was unable to appear in the court due to the hartal. Accordingly, the Court adjourned for the day without any progress. Nonetheless, the judges of ICT-2 very strongly informed junior defense counsel present that the court could not sit idle for the ongoing hartals and blockades led by the opposition. The judges condemned the repeated absence of the senior defense counsels on hartal days while the members of the Prosecution team remained present in the Court. The Bench warned the Defense that this delay tactic would not be tolerated anymore and that the Tribunal would proceed in the absence of the Defense counsel if they choose to remain absent on hartal days.

The Tribunal then fixed 13 November 2013 as the date for recording PW-4’s testimony in the AKM Yusuf case.

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.