27 June 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 11

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the Motiur Rahman Nizami case the Defense conducted the cross-examination of the Prosecution Witness 11, Shamsul Haque alias Nannu, who testified in support of charge 2 and 15. The Tribunal  then adjourned the proceedings of the case until tomorrow, 7 July 2013.

Cross-Examination of PW 11
During examination-in-chief, the witness testified that on 24 March, 1971, a shopkeeper named Sikander Ali told him that that the Secretary of Islami Chattra Shangho, Motiur Rahman Nizami, along with Maulana Ishaq, Maulana Sobhan, Rafiqun Nabi alias Bablu formed a group sitting at the Pabna Aliya Madrassa. He told the witness that the group was composed of activists of Islami Chhatra Shangho and Jamaat-e-Islami and planned to assist the Pakistani Army. The Defense asked the witness about Sikendar Ali and the name of the other members of the group that was allegedly formed. Continue reading →

26 June 2013: ICT-2 Daily Summary – Alim Examination-in-Chief and Cross Examination of PW 27

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the Alim case, the Prosecution called the Cataloguer of the Bangladesh Press Institute as its first seizure list witness to formally exhibit various documents. However, the judges noted that the name of the person appearing as PW 27 is not on the list of Prosecution witnesses. Accordingly, the judges opined that it would go against procedural practice of the Tribunal to allow the witness to give testimony despite not being included in the list of witnesses. The Tribunal adjourned for an hour, asking the prosecutor, Rana Das Gupta, to immediately submit an application praying for the addition of a witness.

The Tribunal then resumed after an hour of recess. Prosecutor Gupta submitted that this was an unintentional and mistaken omission on the part of the Prosecution, and requested that the Tribunal afford him an opportunity to rectify this mistake allowing the application. He stated that some of the names of seizure list witnesses were on a separate list already on record, with the exception of three witnesses. The application was allowed by the Tribunal. Accordingly, the examination of PW 27 took place. PW 27, in the course of his testimony, exhibited various Prosecution documents for the Tribunal’s consideration. Defense counsel Hena then conducted a  brief cross-examination. Continue reading →

26 June 2013: ICT-1 Daily Summary – Nizami PW 11, Chowdhury Rejection of Defense Applications

Today the Tribunal heard matters in the following cases:

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

In the Motiur Rahman Nizami case, the Defense conducted the cross-examination of the Prosecution Witness 11, Shamsul Haque alias Nannu. Nannu testified in support of charges 2 and 15. Thereafter, Tribunal adjourned the proceedings of the case until tomorrow, 27 June. In the Chowdhury case passed an order in response to the three Defense applications presented yesterday, 24 June 2013. The Tribunal was scheduled to continue hearing the testimony of Chowdhury, who took the stand as Defense witness 1. However, the Defense requested adjournment due to illness of the Accused. Thereafter, the Tribunal adjourned the proceedings of the case fixing 30 June 2013 for recording the testimony of the Defense witness. Continue reading →

24 June 2013: ICT-2 Daily Summary – Mueen Uddin and Khan Charge Framing Order

Today the Tribunal heard matters in the following cases:

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

Today, Tribunal formally read out its Charge Framing Order against the Accused Chowdhury Mueen Uddin and Ashrafuzzaman Khan, who are being tried in absentia for their alleged roles during Bangladesh’s War of Liberation in 1971. Both the Accused are outside of Bangladesh and have not appeared before the Tribunal, with Uddin believed to be in London and Ashrafuzzaman in New York. On June 16, 2013, the prosecution read out its formal charges before the Tribunal, and alleged that Mueen Uddin was the “operation-in-charge” of Al-Badr, while Ashrafuzzaman acted as its chief executor. Both of the Accused are thus alleged to have directly participated in the killing of Bengali intellectuals and professionals who were brutally targeted between the 10th and 15th of December, 1971, including journalist Dr. Shahidullah Kaiser. Many individuals were allegedly abducted and tortured by the Accused.

ICT-2 took cognizance of the case after the Prosecution, in the last week of April 2013, pressed charges for crimes under the ICT Act of 1973 against the two Accused. On May 12, 2013, the police submitted an official report to the Tribunal, noting that the two Accused could not be arrested as they resided outside of Bangladesh, Mueen Uddin in the United Kingdom and Ashrafuzzaman in the United States. Having received this report from the police, the Tribunal issued an order to its Registrar’s Office to publish an advertisement in two widely-circulated national dailies requesting the two Accused to appear before the Tribunal within 10 days of its publication, and stating that failure to do so would lead to trial-in-absentia. On May 22, 2013, the Prosecution informed the Tribunal that notices had been published on May 14, 2013 in the Daily Janakantha, and on May 15, 2013 in the Daily Star, asking the Accused to submit to the Tribunal with 10 days of publication. The advertisements did not lead the Accused to appear. Finally, on May 27, 2013, ICT-2 noted that the two Accused have absconded, and accordingly ordered their trial to commence in absentia. Abdus Shukur Khan and Salma Hye Tuni, two advocates of the Supreme Court of Bangladesh, were appointed by the Tribunal to serve as counsels to defend both of the Accused.

After hearing the proposed charges were read out by the Prosecution on June 16, 2013, the Tribunal fixed today as the date for to read out the Charge Framing Order. Justice Obaidul Hassan, the Chairman of Tribunal 2, read out the Charge Framing Order in the presence of his fellow Justices Mozibur Rahman Mia and Shahinur Islam.

The full Charge Framing Order is available here: Charge Framing Order for Mueen Uddin and Ashrafuzzaman Khan

24 June 2013: ICT-1 Daily Summary – Chowdhury Testimony and Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today in the Chowdhury case the Tribunal heard three petitions filed by Defense. The first petition requested review of the June 13th order limiting the Defense to 5 witnesses. The second requested adjournment of the case until the terms of reference are disposed off in the Abdul Qader Mollah case at the Appellate Division of the Supreme Court. The third application requested that Serial No. 31 of the seizure list be designated as illegal. After hearing arguments from both parties the Tribunal fixed 26 June for passing its order. Thereafter, Tribunal heard the testimony of Defendant Salauddin Qader Chowdhury, Defense witness 1, for the sixth day and adjourned the proceedings of the case until 26 June 2013. Continue reading →