6 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; Channel 24 and others, Contempt Proceedings

Despite being the final day of a 60-hour nationwide Hartal, ICT-1 convened to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Channel 24 and others

Contempt Proceedings Against Channel 24

On 26 September 2013, the Tribunal issued an Order to the following individuals and organizations: Managing Director of Channel 24, Chief Executive Officer of Channel 24, Executive Director of Channel 24, Head of Program of Channel 24, Episode Producer of Muktobaak, broadcasted on 18 September 2013 at 11 am, Mahmudur Rahman Manna, Anchor Muktoback, Dr. Zafrullah Chowdhury, Trustee of Gonosastho Kendra and Mahfuz Ullah, and the General Secretary of the Center for Sustainable Development.  The Order directed them to reply before 10 October, explaining why contempt proceedings should not be initiated against them. The order further asked Dr. Zafrullah Chowdhury and Mahfuz Ullah personally appear before the Tribunal to explain their position, and asked Channel 24 not to re-broadcast the episode of the talk-show in question in the Order. The Tribunal  accused the guests on the show of improperly discussing a matted subjudice (under legal consideration by the Tribunal), without knowing all the facts.  In so doing, the Tribunal alleged, Channel 24 and the guests could be held in contempt for deliberately calling the trial proceedings into question. Today was fixed for further proceedings of the case, but the lawyer representing Mahfuz Ullah sought additional time to submit a reply to the show-cause notice. Md Asaduzzam appeared on behalf of Channel 24. Dr. Zafrullah Chowdhury appeared personally before the Tribunal and submitted a written reply of the notice. Thereafter, the Tribunal adjourned the proceedings of the case until 28 November 2013.

Prosecutor vs. Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, the Prosecution continued closing arguments for the fourth day. The Prosecution’s submissions today covered Charge no 11, 12, 13 and 14. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 7 November 2013.

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4-5 November 2013: ICT-2 Daily Summary – Court Adjourned

The BNP-led-18-party opposition alliance enforced a continuous 60-hour countrywide hartal from 6:00 am on 4 November 2013 until 6 November,2013. The attorneys did not show up in court due to severe security concerns arising from the hartal. Consequentially, Tribunal 2 was not in session on these days.

This marked the opposition’s second long hartal after the Eid vacation.  These interruptions have been significantly affecting the proceedings of the Tribunal.

5 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; Abdus Sobhan, Pre-Trial Submissions

Despite a 60-hour nationwide Hartal that kept ICT-2 out of session today, ICT-1 proceeded to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Abdus Sobhan

In the case against Abdus Sobhan, today was set for defense hearing on charge matter. However, the Defense sought adjournment for a week. The Tribunal granted the motion and adjourned the proceedings of the case until 18 November 2013.

In the case against Motiur Rahman Nizami, the Prosecution continued submissions for the third day. The Prosecution made pre-trial submissions on charge 2, 3, 4, 6, 7, 8, 9, 10, 15 and 16. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 6 November 2013.

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4 November 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, Closing Statements; The Economist Magazine and Human Rights Watch, Contempt Proceedings

Despite a 60-hour nationwide Hartal that kept ICT-2 out of session today, ICT-1 proceeded to hear matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. The Economist Magazine
  3.  Chief Prosecutor vs. Human Rights Watch                                               

Contempt Proceedings Against Human Rights Watch

Today, Md Assaduzzaman appeared on behalf of Human Rights Watch and informed the Tribunal that he had received power of Attorney from the organization. He further submitted that Human Rights Watch had received notice but had not gotten a copy of the order dated 2 September 2013, nor any documents relating to the contempt proceedings. He sought 8 weeks time for preparation. The Tribunal granted this, adjourning the proceedings of the case until 8 December 2013.

Contempt proceedings against The Economist

In the contempt proceedings against The Economist, the Tribunal issued a notice in December 2012, asking the South Asian Bureau Chief and the Chief Editor to reply why contempt proceedings should not be initiated against them. Appearing on behalf of The Economist, Barrister Mustafizur Rahman Khan had submitted a reply to the Tribunal, which has been pending ever since. Today, 4 November 2013, had been fixed for the contempt proceedings, but they were pushed back to 8 December 2013 for further proceedings of this case.

Motiur Rahman Nizami

In the case against Motiur Rahman Nizami, the Prosecution made their closing arguments for the second day. The Prosecution made submission about the role of Nizami in 1971, as well as submissions in support of Charge 1. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 5 November 2013.

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3 November 2013: ICT-2 Daily Summary – Chowdhury Mueen Uddin and Ashrafuzzaman Khan found Guilty on 11 Charges – Sentenced to Death

Today, Tribunal 2 issued its sixth verdict, concluding the case of Chief Prosecutor vs. Ashrafuzzaman Khan alias Naeb Ali Khan & Chowdhury Mueen Uddin. The two have been tried jointly for the same offences, and the Tribunal found both of them guilty on all eleven charges. Mueen and Ashraf have both remained outside of Bangladesh, and have been tried in absentia.

The Charges and the Verdict:

  • Charge 1: Abetting and complicity to the commission of the offence of abduction as Crime Against Humanity, or in the alternative extermination as Crime Against Humanity, or in the alternative murder as Crimes Against Humanity committed against journalist Seraj Uddin Hossain, an unarmed civilian belonging to the intellectual group. Charged under Section 3(2)(a) (g) (h) and for liability under Section 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1973.