17 September 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, Charge Framing Submissions

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Zahid Hossain Khokon

In the case of Zahid Hossain Khokon, the Prosecution completed their submission on charge framing. The State-appointed Defense Counsel, Abdus Shukur Khan, asked the Court to discharge Khokon from the alleged charges. After hearing both the sides, the Tribunal fixed 29 September as the date for issuing its order on charge framing.

The Prosecution alleged that Zahid Hossain Khokon was a Razakar commander from Nagarkanda. They submitted all of the documents they felt were necessary to support the charge framing order. The State-appointed Defense Counsel, representing an absent client, informed the Court that he had been unable to collect any information from his absconded client or his client’s family. He submitted that Zahid Hossain Khokon is an elected Mayor of Nagarkanda Municipal area, and argued that Khokon was not involved with the proposed charges. Defense argued that there are no documents to show that Khokon was a Razakar. Referencing a list submitted by the Prosecution, Defense pointed out that the document only mentioned the surname ‘Khokon.’ Counsel claimed this was inconclusive, and argued that the Razakar list was not Zahid Hossain Khokon. The Defense asked the Court to take note of the fact that, under Collaborators Act, no case had been filed against Khokon.

After hearing both the sides, the Tribunal fixed 29 September as the date for issuing its order on charge framing.

16 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Arguments; Ashrafuzzaman Khan & Chowdhury Mueen Uddin, PW-24 Examination

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Defense counsel for the Accused, Mr. Abdul Alim, continued his closing submission before Triubal 2. The Court also recorded the cross examination of the Investigation Officer who gave testimony as PW-24 in the case against Chowdhury Mueen Uddin and Ashrafuzzaman Khan.

Alim case: Defense closing submissions on points of law

Defense Counsel, Mr. Ahsanul Haque Hena, continued his legal submissions on behalf of his client, Abdul Alim. He began the session by focusing on general points about the political structure of the parties existing in 1971.  He argued that this historical information was pertinent to help the Court understand any ties the Accused had with these political parties. Continue reading →

16 September 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Application for Exclusion of Evidence and PW-23 Testimony

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

 In the case of Motiur Rahman Nizami, the Defense filed an application to exclude the testimony of Prosecution Witness 13, Shyamoli Nasrin Chowdhury, from the record. After hearing both sides argue, the Court passed an order. Thereafter, the Tribunal recorded the testimony of Prosecution witness 23, Sayeda Salma Mahmud.

Motion to Exclude Testimony

On 11 February 2013 the Prosecution filed an application under section 9(4) of the ICT Act, seeking permission to submit additional Prosecution documents, books, and CDs. On 20 February 2013 the Tribunal heard and allowed the application, pursuant to Order number 78. In closing submissions, the Defense submitted that they had applied for certified copy of that Order, but did not receive it from the Court until after they filed an application for inspection of the Order Sheets. Continue reading →

15 September 2013: ICT-2 Daily Summary – Abdul Alim, Defense Closing Statement

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Abdul Alim

Defense counsels for the accused Mr. Abdul Alim started the Defense closing submission on behalf of the accused before Tribunal 2. Learned advocate for the defense Mr. Tajul Islam opened the Defense submission, followed by Mr. Ahsanul Haque Hena. The Defense submission is scheduled to continue for at least two more working days before the Prosecution gets a brief chance to reply on law points of the case.

Overview of Arguments

a)    Background of the accused Abdul Alim and his whereabouts in 1971.

b)   Defense arguments pertaining to the legal issues of double jeopardy, tri-partite agreement, political trial and selective prosecution

Defense Counsel Mr. Tajul Islam opened the closing submission of the defense in Alim’s case. At the onset of the submission, the counsel gave a detailed account of the Accused‘s educational and political background. Continue reading →

12 September 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin, Hearing of Application and Examination of PW-23

Today the Tribunal heard matters in the following case:

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

 Tribunal 2 heard an application under section 19(2) of the International Crimes (Tribunals) Act, 1973 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin. The Prosecution sought to exclude certain previously made statements from witnesses who had been unable to come to the tribunal to testify. These included, for example, the testimony of Nusrat Rabbee, who had left for the US, and Syed Mortuza. The Tribunal granted the application in part, on the grounds that accepting statements from witnesses who are alive but unable to come before the Tribunal for cross-examination would be prejudicial to the accused. The Tribunal concluded that such statements would be admissible only from those who subsequently had died. The Court held that the incomplete testimony of Ms. Nusrat Rabbee would be considered as evidence only insofar as it had been recorded during courtroom examination. After disposing of this application, the court recorded the testimony of PW-23 in the same case. Both the examination-in-chief and cross-examination were completed in one day. The testimony of PW-23 supports the allegations in Charge 4 against the two accused, pertaining to the abduction and killing of martyred journalist Nizam Uddin Ahmed. Continue reading →