Special Report: Chief Prosecutor vs. Gholam Azam Verdict and Legal Findings

This special report provides a detailed overview of the factual and legal findings of the International Crimes Tribunal (ICT) Judgment in Chief Prosecutor vs. Professor Gholam Azam. Gholam Azam was found guilty on all five charges and sentenced to 90 years imprisonment. The Tribunal made a point of noting that he deserved the death penalty, but because of his age and illness, they saw fit to sentence him to life imprisonment instead. Arguments in the case were completed on 17 April 2013 and the verdict was issued on 15 July 2013. It was the second verdict to be issued by Tribunal 1, and the fifth verdict issued by the ICT. Our previous special report on the Gholam Azam case reported in detail on the documentary and testimonial evidence used to support each count within each distinct charge against the Defendant, as well as the general arguments made by both parties. This report focuses on the legal outcomes of the case.

The full report is available here:Special Issue No. 5 – Gholam Azam Case Verdict

30 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Prosecution Closing Comments

Today the Tribunal heard matters in the following case:

1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

State-appointed counsel for Asharafuzzaman, Mr. Abdus Shukur Khan, followed up on the prvious day’s closing submittions, seeking acquittal for his client, Ashrafuzzaman. In the absence of client instruction, the ambit of discussion and closing submission was limited and brief.

Tribunal 2 allowed Prosecutor Shahidur to make some closing comments in reply to the closing argments made today and yesterday by State-appointed defense counsels for the Accused. The Tribunal then declared that the case was to be put as CAV (Curia advisari vult), a latin legal term meaning that the court wished to take the evidence under consideration for a final Judgment.

These are the second and third individuals to be tried in absentia at the ICT. Prior to this case, Abul Kalam Azad alias Bacchu was the first to be tried by the tribunal without being present in court to face the charges against him.

30 September 2013: ICT-1 Daily Summary –Motiur Rahman Nizami, PW-26; Human Rights Watch Contempt Proceedings; Mir Qasem Ali, Pre-trial Submisisons

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Human Rights Watch
  2. Chief Prosecutor vs. Mir Qasem Ali
  3. Chief Prosecutor vs. Motiur Rahman Nizami

Contempt Proceedings

On 2 September 2013, the Tribunal issued a notice to Human Rights Watch Board of Directors, Executive Directors of Asia Division, Brad Adams, and Associate of Asian Division, Storm Tiv, asking them to submit an explanation within three weeks as to why contempt proceedings should not be brought against them for the publication of an article titled ‘Bangladesh: Azam Conviction Based on Flawed Proceedings: Analysis Outlines how Fair Trial, Rights of Accused Seriously Compromised’ regarding the judgment in the Gholam Azam’s case. Today, Md Asaduzzaman appeared on behalf of Human Rights Watch.  However, he informed the Tribunal that he had not yet secured a signed power of Attorney, so he sought additional time from the Court, before proceeding. The Tribunal agreed to adjourn the proceedings in this matter until 4 November 2013.  Continue reading →

29 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Defense Closing Statements

Today the Tribunal heard matters in the following case:

1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

State-appointed defense counsel for Chowdhury Mueen Uddin, Ms. Salma Hye Tuni initiated her closing submissions in the case against Mueen and Ashraf.

Counsel noted that since her client is being tried in absentia, it was not possible for her to obtain any instruction from her client. Accordingly, she could not secure any defense witnesses to testify on her client’s behalf. However, she did rely upon portions of an exclusive interview her client gave to Al-Jazeera given earlier this year, in July.

Counsel did not seek to deny that the fact of the matter that Bengali intellectuals had been rounded up and killed in a brutal fashion in December of 1971. However, although evidence had shown that these killings were administered by Al-Badr forces, Counsel denied the involvement of Mueen with Al-Badr, and submitted that the Accused could not be held responsible for the events in question.  Continue reading →

29 September 2013: ICT-1 Daily Summary – Mobarak Hossain, PW-11; Zahid Hossain Khokon, Pre-Trial Submissions

Today the Tribunal heard matters in the following cases:

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

Chief Prosecutor vs. Mobarak Hossain

In the case of Mubarak Hossain, the Tribunal recorded the testimony of Chaman Sikander Julkernine, PW-11. After the conclusion of the cross-examination, the Tribunal adjourned the proceedings in this case until 6 October 2013.

Chief Prosecutor vs. Zahid Hossain Khokon

In the case of Zahid Hossain Khokon, today was set for passing an order on charge framing.  However, the Tribunal deferred this action, instead fixing 9 October 2013 for passing the order on charge framing.   Continue reading →