25 July 2013: ICT-1 Daily Summary – ATM Azharul Islam Cognizance of Charges, Mir Qasem Ali Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against ATM Azharul Islam
  2. Pre-trial Proceedings against Mir Qasem Ali

Today in pre-trial proceedings against suspect ATM Azharul Islam the Prosecution submitted the Formal Charge before the Tribunal. The Tribunal passed an order taking cognizance of the Formal Charge and numbered the case as ICT BD Case No 5 of 2013. The Tribunal also directed the Prosecution to supply the Defense with all of the documents on which the Prosecution intends to rely, as well as the full list of proposed witnesses by the end of the day. They scheduled 18 August for hearing arguments regarding framing of the charges.

The Tribunal also heard an application filed by Alim’s Defense counsel requesting medically appropriate transportation of the suspect to and from the Tribunal. The Defense submitted that the ATM Azharul Islam suffers from back pain but is transported by prison van. The Prosecution objected saying that if such accommodation was made available to all it would create difficulties for the jail authorities due to the shortage of health friendly vehicles. The Tribunal passed an order directing the jail authority to provide ATM Azharul Islam health friendly vehicle if such vehicle is available to the prison authority.

In the pre-trial proceedings against suspect Mir Qasem Ali the Tribunal heard a Defense application seeking adjournment. The Defense submitted that they need privileged communication with their client Mir Qasem Ali. The Defense also requested legible copies of some Prosecution documents. The Tribunal rejected the request for adjournment but scheduled 28 July and 1 August from 10 am to 1 pm for privileged communication between the Defense and their client. They also directed the Prosecution to supply legible copies of the concerned documents if possible. They then heard the Prosecution’s submissions regarding the proposed charges against Ali.

The Prosecution submitted that until 6 November 1971, Mir Qasem Ali was the secretary of the Islami Chhatra Shangho Chittagong division. Between 6 November and 16 December 1971 they claimed that the Accused was also the general secretary of the Provincial Committee of the Islami Chhatra Shangho. They alleged that Mir Qasem was ‘Al-Badr high command.’ Most of the crimes allegedly committed under the leadership of Qasem Ali of took place at Dalim Hotel. The Prosecution briefly read out the 14 charges proposed against Mir Qasem Ali and stated that they had submitted the investigation report, a book titled ‘Muktijudder Potovumi’ vol- 1 and 2, witness statements, map of the place of occurrence, photos, and CDs in support of the charges. The charges are proposed under sections 3(2)(a), 3(2)(g), and 3(2)(h), indicating allegations of crimes against humanity; attempt, abetment or conspiracy; and complicity. The proposed charges are also framed indicating sections 4(1) and 4(2) as the relevant modes of liability, encompassing joint criminal liability and command responsibility respectively. Among the 14 charges proposed, charges 11 and 12 are for murder while the rest are for confinement, abduction, torture and other inhumane acts.

24 July 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order, Khan and Mueen Uddin PW 5, Alim PW

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against AKM Yusuf
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  3. Chief Prosecutor vs. Abdul Alim 

Today Tribunal began by hearing a bail application on behalf of AKM Yusuf. The Defense presented arguments both regarding the necessity of bail, and the insufficiency of the charges proposed against AKM Yusuf by the Prosecution. They argued that the suspect should be discharged as the allegations against him are malafide and inspired by political motivations. The Tribunal also heard the Prosecution’s response. They  scheduled 1 August for issuing their order regarding bail and the potential framing of charges against the suspect. They instructed the jail authorities to submit a report on the availability of their medical facilities and their ability to meet the needs of the suspect while in custody.

The Tribunal then turned to the case of Ashrafuzzaman Khan and Chowdhury Mueen Uddin in which the Prosecution  called Prosecution witness 5 to testify in support of Charge 6. As the trials are being conducted in absentia,  state appointed Defense counsel Shukur Khan and Tuny will be allowed to conduct the cross examination at a later date on behalf of Ashrafuzzaman Khan and Chowdhury Mueen Uddin respectively.

In the Alim case the Tribunal rejected an application from the Defense requesting additional time due to the illness of senior Defense counsel Ahsanul Huq Hena. A junior Defense attorney stated that Hena is physically unwell and is undergoing treatment at the United Hospital. The Tribunal was critical of the delayed application and stated that it would briefly begin the examination of the Investigation Officer and would continue  it the following day. Thus the tribunal very briefly started recording the examination of the Io, but then fixed 25 July 2013 as the date for recording his entire testimony. Continue reading →

24 July 2013: ICT-1 Daily Summary – Nizami PW 15, Chowdhury Defense Application and DW 4

Today the Tribunal heard matters in the following cases:

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

In the Nizami case the Tribunal heard the examination-in-chief and cross-examination of Prosecution witness 15, Aminul Islam Dablu.

In the Chowdhury case the Tribunal had scheduled today as the deadline for producing Defense witnesses 4 and 5, Salman F Rahman and Shamim Hasnain. However, the Defense filed an application stating that they were facing difficulties in producing the witnesses and requested that the Tribunal allow another Defense witness, Abdul Momen Chowdhury, to testify in place of Salman F Rahman. The Prosecution opposed the application, noting Abdul Momen Chowdhury’s name did not appear in the original list of 1153 witnesses submitted by the Defense. They argued that section 9(5) of the ICT Act states that if the Defense intends to rely upon witnesses, the list of witnesses must be submitted before the Tribunal and the Prosecution at the commencement of the trial. The Prosecution additionally submitted that there is no scope under the ICT Act of 1973 or the Rules of Procedure to allow alternative witness. After hearing both the sides, the Tribunal verbally granted the Defense’s application and asked the Defense if they would be able to produce the witness by 12 pm. The Defense agreed and the witness testified and was cross-examined by the Prosecution. After concluding the cross-examination, the Defense requested that the Tribunal allow them to produce Shamim Hasnain (on of the 5 DWs) on 28 July. However, the Tribunal passed an order and stated that the examination-in-chief of Defense witnesses has been concluded. They noted that they provided two additional opportunities for the Defense to produce the witness and that they did not now find any new ground for reconsideration. The Tribunal finally scheduled 28 July for the beginning of the Prosecution’s Closing Arguments and 31 July for the beginning of the Defense Closing Arguments.  Continue reading →

23 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ashrafuzzaman Khan and Mueen Uddin PWs 3 and 4.

23 July 2013: ICT-2 Daily Summary – Contempt Proceedings against Prosecution Witness, Ashrafuzzaman Khan and Chowdhury Mueen Uddin Cross Examination of PW 3

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Jahir Uddin Jalal, a Prosecution witness against whom contempt charges were brought after he allegedly physically assaulted a Defense attorney outside of the High Court, filed an application to recall the order passed by Tribunal on 21 July. The Tribunal’s order disposed of the the charge by cautioning the witness not to engage in similar behavior in the future, without concluding that the incident was definitively committed by him. Jalal opposed the order, alleging that he did not instruct his lawyer Monsur Rashid to propose such a disposal of the matter and that the lawyer had acted without his instruction. Jalal’s newly appointed counsel requested that the order be recalled. The Tribunal accepted the application and recalled the order, scheduling a rehearing of the matter for 29 July.

In the Khan and Mueen Uddin case the Tribunal heard the cross-examination of Prosecution witness 3 as well as the testimony of Prosecution witness 4. The case is scheduled to continue tomorrow, 24 July, with the testimony of Prosecution witness 5. Continue reading →

23 July 2013: ICT-1 Daily Summary – Chowdhury Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal was scheduled to hear the examination-in-chief of Defense Witness 4. However, the Defense filed two applications, one for adjournment in order to produce Defense witnesses 4 & 5, and another requesting the Tribunal to accept an affidavit from the mother of Shamim Hasnain (one of the 5 proposed Defense witnesses) into evidence.

The Defense submitted that Shamim Hasnain is willing to depose. Shamim Hasnain is a judge of the High Court and has requested leave from his institution to testify before the Tribunal. He and the Defense are awaiting for the Chief Justice’s approval. In light of the pending request, the Defense requested adjournment of the case until 28 July.

The Defense additionally informed the Tribunal that Salman F Rahman, one of the 5 proposed Defense witnesses, has fallen sick while traveling to Mecca. They submitted that he would be available after Ramadan to provide testimony before the Tribunal and requested that his testimony be scheduled accordingly. The Prosecution opposed the prayer saying that the application is being filed in order to delay the proceedings of the Tribunal. The Tribunal passed an order stating that the application for adjournment was is supported by any evidence and that the Tribuna would give a last chance for the production of the Defense witness by fixing 24 July as the deadline to produce Defense witnesses 4 and 5.

Regarding the second application, the Defense submitted that the mother of Shamim Hasnain has provided a worn affidavit regarding Salauddin Qader Chowdhury’s alibi that he was in Pakistan in 1971. The Prosecution opposed the application saying that in this stage of Trial there is no scope to file any affidavit before the Tribunal. After hearing both the sides, Tribunal rejected the application stating that Shamim Hasnain is one of the proposed Defense witness and likely to depose before the Tribunal.