22 May 2013: ICT-1 Daily Summary – Mubarak Hossain PW 1 Cross-Examination

22 May 2013: ICT-1 Daily Summary – Mubarak PW 1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mobarak Hossain,  Accused Present

In the Mobarak Hossain case the Defense Counsel Ahsanul Huq Hena continued the cross-examination of Darul Islam, Prosecution witness- 1, who had testified in support of Charges 1, 2 and 3. Thereafter, the Tribunal adjourned the proceedings until 27 May 2013.

Cross-Examiantion
The Defense asked the witness whether he had any documentary evidence to show that he came to East Pakistan from West Pakistan on leave. Witness answered that at this moment he does not have such documents. The Defense claimed that a member of  the West Pakistani Army who was on leave would not receive his salary from East Pakistan. The Defense asked whether he had any documentary evidence to show that he had actually drawn his salary from East Pakistan. He replied that he did not. The Defense claimed that actually the witness did not actually come to East Pakistan on leave and did not draw his salary from here. The Witness claimed that in 1971 Mejor Sekendar was the area commander of Akhaura, Paharpur and Fakirmura while Defense claimed that Brigadier Sadullah of 23 Beluch regiment was the area commander. The Defense further stated that Sadullah’s serial number was 23 among the 195 Army personal who were detained in 1971. The witness answered that he is unaware of this. The Defense claimed that in 1971 Mejor Abdullah Khan, Mejor Sadek Newaz and Captain Jabed Iqbal worked in Akhaura, Paharpur and Fakirmura. The witness denied those assertions. The Defense claimed that in Brahmanbaria there were 4 units of army and Lieutenant colonel Khijir Hayat, Brigadier Sadullah and Lieutenant colonel Jaedi were the commanding officer of those units. The witness said he did not know about their command. Continue reading →

21 May 2013: ICT-2 Daily Summary – Abdul Alim PW 21

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – PW 21
  2. Contempt Proceedings Against Selim Uddin and Others

Today the Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness in the case of Abdul Alim. After the Prosecution completed their questioning the Defense requested adjournment for the day, seeking time to prepare his cross-examination. The Tribunal agreed and scheduled the cross-examination for the following day.

The Tribunal also adjourned the contempt proceedings against Jamaat-e-Islam leaders Selim Uddin, Hamidur Rahman Azad and Rafiqul Islam Khan after hearing a petition for additional time. It may be mentioned that the contempt proceedings were initiated by the Tribunal against the Jamaat-trio in February, following comments regarding the Tribunal made at a public engagement the day before the verdict in Qader Molla was issued. Selim Uddin is the only one of the three who has been produced before the court after being arrested. He has filed a separate written explanation through his lawyer. The other two have not been detained by the police, despite the Tribunal having issued an arrest warrant for them.

Chief Prosecutor vs. Abdul Alim
Mr Abdul Hamid Sakidar provided circumstantial evidence as Prosecution witness 21 in the case against Abdul Alim. During examination-in-chief by the Prosecution the witness testified that he was a resident of Sakidarpara during the war in 1971 and that he was 15 or 16 years old at the time. He testified that Abdul Alim was one of the key persons in the formation of the Peace Committee in the Jaipurhat area and acted as its chairman. Sakidar asserted that the Pakistan army killed many people and also burned villages in his area during the war. He stated that local collaborators were also part of these raids.

The witness claimed stated that Alim, along with Muslim League members and Jamaat activists, occupied the Shaon Lal Bazla Godighar (office) in his area. He stated that the Razakar forces were later trained in this godighar and that the Pakistani Army also located its camp there. The witness incriminated the accused by stating that the Pakistani army and the Razakars used to kill people at the instruction of Alim. Sakidar stated that eleven people from his locality were apprehended by the Pakistani Army and the Razakars, and that they were then taken to the north side of Baroghati Pond near Sakidarpara. These eleven people, whose faces were painted black, were then shot to death at Mr Alim’s instruction. Six of the dead bodies were buried under a mango tree thereby and five others were buried under a lychee tree at the south end of the pond.

The witness claimed stated that about after 4 to 5 months after Bangladesh declared its victory over Pakistan about 150 skeletons were recovered from that very pond.

The witness then positively identified the accused in the courtroom.

21 May 2013: ICT-1 Daily Summary – Nizami PW 8, Chowdhury PW 40, Mubarak Hossain PW 1

Today the Tribunal heard matters in the following cases:

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

In the Nizami case the Defense cross-examined Prosecution witness  8, Khalilur Rahman, who testified in support of Charge 6. Thereafter, Tribunal adjourned the proceedings until 26 May 2013.

In the Chowdhury case the Tribunal heard the examination-in-chief of Kawser Shaikh, Prosecution witness 40, who testified regarding documents collected by the Investigation Officer. Defense Counsel Ahsanul Huq Hena then conducted the cross-examination.

In the Mubarak Hossain case the Tribunal heard the cross-examination of Darul Islam, Prosecution witness- 1, who had testified in support of Charges 1, 2 and 3. Thereafter, the Tribunal adjourned the proceedings until tomorrow, 22 May 2013.

Chief Prosecutor vs. Nizami
Cross-examination
The Defense asked Prosecution witness 8, Khalilur Rahman, about  Dhulaura village, its location, where the witness stayed before entering the village, the location where he allegedly found the corpses of those killed, the location of the banyan tree in which he hid, etc. These questions were aimed at undermining the witness’ version of events and casting doubt on the assertion that he was actually present during the commission of the alleged crimes. The Defense asked the witness whether he saw any Pakistani Army members before 27 November 1971. He answered that he had seen them in Dhaka, but could not remember when between 25 March and 16 December 1971 he visited Dhaka. The Defense asked what the intention was behind going to Dhulaura village. He answered that his group went in order to meet with the freedom fighters of the village. Specifically he named Nizam Uddin Chairman, but he could not identify the location of Nizam Uddin’s freedom fighters’ camp.

During the examination-in-chief, the witness testified that at about 3:30 am he heard the sounds of the army approaching. He opened the window and saw Nizami, other Razakars and members of the Pakistani occupation forces coming towards the house. The Defense claimed that at 3:30 in the morning it would have been too dark to recognize anyone through the window, particularly given there was no electricity in the area. The witness answered that there was moonlight. The Defense asserted that this was impossible given it was after Eid-ul-Fiter and the moon set at 1:23 am. Additionally they noted that the weather at that time was foggy, further undermining the witness’ testimony.

The Defense claimed that his initial interview with the Investigation Officer the witness did not acknowledge that Mazed was alive, and that he did not claim that he saw Nizami with other Razakars and members of the Pakistani Army. The Defense also claimed that the Witness did not originally allege that he saw members of the Pakistani Army enter a house with two young women. Additionally they stated that the witness did not tell the Investigation Officer that he knew Nizami before the Liberation War or that Nizami’s house was just 1 kilometer away from the witness’ house. The witness denied these suggestions and claimed that he had stated all these things during his initial interview.  TheDefense asked the witness about books written by Zohirul Huq Bishu and Rezaul Karim and claimed that the witness read the books and used them for his testimony. The witness denied the suggestion.

Chief Prosecutor vs. Chowdhury
Kawser Shaikh, the official book-sorter of the divisional government library, testified as Prosecution witness 40. He testified as to the contents of documents being entered into evidence on behalf of the Prosecution.

Examination-in-Chief
Kowser Shaikh, Prosecution witness 40, exhibited photocopies of two news reports published in the Daily Pakistan in 1970, nine news reports published in the Daily Ajadi in 1970 and 17 news reports published in the Daily Ajadi in 1971.

Cross-Examination
The Defense claimed that on 10 March 2011 when the newspaper cuttings were seized from the divisional government library the witness did not hold the post of ‘Assistant Librarian in Charge.’  The Witness admitted that he did not hold that title and added that he was the book sorter. The Defense claimed that all  the headings (heading, date, paper name) of the exhibited newspaper reports (Exhibit 37, 38/1 to 38/25) are computer composed and that the reports were scanned. The witness admitted that the headlines were generated via computer and the reports scanned. The Defense claimed that the editor of the Daily Ajadi newspaper ran against Fazlul Qader Chowdhury (father of Salauddin Qader Chowdhury) in the election of 1970.

Chief Prosecutor vs Mubarak Hossain
Cross-Examination
The Defense claimed that Rina Begum filed Case No. 26 against Mubarak Hossain in the Akhaura police on 28 May 2007. They stated that the witness also testified against Mubarak Hossain in that case as Prosecution witness 4. The Defense noted that Mubarak was acquitted in that case. The witness denied giving any testimony against Mobarak Hossain. The Defense asked if the witness knew that in Mubarak Ali had been acquitted on appeal. The witness said he did not know anything about the case. The Defense also claimed that the witness, as a non-commission officer following the Pakistan Military Rules, cannot obtain leave more than three months at a time. Witness denied this suggestion.

20 May 2013: ICT-2 Daily Summary – Abdul Alim PW 20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Prosecution witness 20

Today the Prosecution called Prosecution witness 20 to give testimony in the case of Abdul Alim. His examination-in-chief was conducted by Mr Rana Das Gupta. The defense counsel Mr Ahsanul Huq Hena summarily concluded the cross-examination by asking one question.

Prosecution Witness 20: Mr Sardar Md Abdul Hafiz
Examination-in-Chief
The witness is 55 years old and is the brother of a former freedom fighter who has been missing since the war. The witness provided circumstantial evidence. He stated he was was 13 or 14 years of age in 1971. The Prosecution asked the witness about the elections of 1970. He testified that Dr Mofiz Chowdhury, Mr Abbas Ali Khan and Mr Abdul Alim participated in the election of 1970 and that  Chowdhury was elected as the Awami League candidate. He stated he does not remember the party that Alim had represented in the aforesaid parliamentary election.

The witness testified that two of his brothers, Sardar Md Abdul Wazed and Sardar Abdul Awal both joined the War of Liberation in 1971 as freedom fighters. He asserted that because of his brothers’ participation in the independence movement the Pakistani Army and local “Biharis” often raided their house. On 25 April 1971 he stated that two of his brothers, Sardar Abdul Majid and Sardar Abul Bashar, were shot and taken to his cousin Md Shamsul Alam Bashar’s house for shelter. On 26 April at around 9 am., the witness said he heard massive gunfire and arson taking place about one and a half miles away. Upon hearing the gunshots, the witness, his brothers and cousin went on to hide inside the house. Later at around 5 pm, they came out after the shooting had stopped.

The witness also testified that during the first week of September in 1971 he was in classes at Ramdeo Bazla High School when they began to hear shooting. The school head master Mr Moajjem Hossain told everyone to flee. The witness said that on his way back home he saw two trucks surrounded by Pakistani Army. He said that 11 young men were being held on those trucks and that their faces had been inked. After coming home, the witness’ mother asked him to check if his two brothers were in the truck. The witness went back to check but did not see them. The Pakistani Army then got in the trucks and rushed out of Faridpur by crossing its eastern boundary. The witness stated he did not know anything else that occurred. He stated that after the liberation war one of his brothers came home while the others never returned.

The witness claimed that he previously provided his full testimony to the Investigation Officer.

Cross-Examination
The Defense counsel only asked whether the Investigation Officer read out to the witness his recorded statement. The witness said that it had not been recorded.

20 May 2013: ICT-1 Daily Summary – Nizami PW 8, Mubarak Hossain PW 1

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

In the Motiur Rahman Nizami case the Tribunal heard the examination-in-chief and cross-examination of Khalilur Rahman, Prosecution witness 8. Thereafter, Tribunal adjourned the proceedings until tomorrow, 21 May 2013.

In the Mobarak Hossain case the Tribunal heard the examination-in-chief of Darul Islam, Prosecution witness- 1. The Tribunal then adjourned until tomorrow.

Chief Prosecutor vs. Nizami
Prosecution Witness 8
Khalilur Rahman, Prosecution witness 8, testified in support of Charge 6. Under the Charge it is alleged that on 27 November 1971 Nizami and members of the Razakars and Pakistani military raided the house of Dr Abdul Awal and other adjacent houses in Dhulaura village. The charge further alleges that after the Pakistani army left, Nizami and his accomplices caught 22 survivors who they killed at the bank of the Ishamoti River. Nizami is charged for his involvement in murder as a Crime Against Humanity under Section 3(2)(a) of the ICT Act and section 4(1) and 4(2) of the ICT Act 1973.

Examination-in-Chief
Khalilur Rahman testified that in the middle of June he left for India to receive training as a freedom fight. He testified that he returned to Sujanagar, of Pabna, Bangladesh and stayed there 2 or 3 days. After that, at 12 or 12:30 on 27 November 1971, the witness said he took shelter at the house of Dr Abdul Awal located in Dhulaura village in the jurisdiction of Sathia police station. Khalilur testified that at about 3:30 am he heard the sounds of Army boots. He opened the window and saw Nizami, other Razakars and members of the Pakistani occupation force coming towards their house (where they took shelter). He testified that then he opened a North-facing door and went outside. He testified that then he began hearing the sounds of shooting people moving. He heard someone yelling at people to put their ‘hands up.’ Continue reading →