11 April 2013: ICT-1 Daily Summary – Mubarak Hossain Investigation, Gholam Azam Adjournment

Due to an ongoing nation-wide  hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Investigation of Mubarak Hossain
  2. Chief Prosecutor vs. Gholam Azam

Today Ahsanul Huq Hena, senior Defence counsel for Mubarak Hossain, submitted the Defense’s request for the discharge of his client from the case. The Defense also requsted bail. Prosecutor Zahed Imam opposed the bail prayer. After hearing both sides the Tribunal scheduled 23 April for the passing of its order.

In the Gholam Azam case the Defense requested an adjournment until Monday, 15 April, because senior Defence counsel Abdur Razzaq was unable to attend due to “personal difficulty.” Prosecutor Sultan Mahmud Simon opposed the prayer. The Tribunal passed an order scheduling 15 April for the Defense’s Closing Arguments. The order stated that further requests for time extensions would not be allowed under any circumstances.

10 April 2013: ICT-2 Daily Summary – Alim Examination-in-Chief of Prosecution Witness 15, Kamaruzzaman Adjournment

Due to a nation-wide hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and conversations with the Defense and the Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Muhammed Kamaruzzaman

Examination in Chief of Alim Prosecution Witness 15
In the Alim case the Prosecution called Prosecution witness 15, Mozammel Hossain. The witness is allegedly the survivor of an assault mission in Jaipurhat. The witness testified that at least 22 Awami League supporters were killed during the and assault conducted by the Pakistani Army during the 1971 Liberation War. Hossain stated that the Pakistani Army acted based on a list of targets provided by the Accused, Abdul Alim, who happened to be a veteran Muslim League leader and Peace Committee member at that time.  The witness claimed that the alleged list contained his name. He said that the attack was directed against local Awami League supporters at the time. Hossain alleged that such supporters were first taken from their village mosque to the nearby village of Birala where they were lined up. People whose names did not appear on the list were released while the rest were taken to Chakpahananda village. There they were tortured and killed. The witness was one of the survivors.  While describing the atrocities the witness showed the court scars from his injuries.

Kamaruzzaman Adjournment due to Absence of Defense During Hartal
Kamaruzzaman’s case was also listed in the daily cause list. Mr Abdur Razzaq, the senior Defense counsel for the accused was again absent due to the ongoing hartal. A junior counsel appearing on behalf of the Accused informed the Tribunal that the senior counsel is unable to attend proceedings on hartal days.  The case was therefore adjourned.

10 April 2013: ICT-1 Daily Summary – Mubarak Hossain Prosecution Submission of Evidence in Support of Charges

Due to a nation-wide hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Investigation of Mubarak Hossain

On April 10, 2013 Prosecutor Haider Ali finished the charge hearing and submitted supporting documents and witness statements substantiating the charges. It is expected that tomorrow (April 11, 2013) Defence will place their submission regarding charges.

9 April 2013: ICT-2 Daily Summary – Kamaruzzaman Defense Closing Arguments

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The following summary is compiled from media sources and conversations with the Defense and the Prosecution.

 Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammed Kamaruzzaman

Tribunal 2 adjourned for the day after expressing its displeasure at the  absence of the senior Defense counsel for Kamaruzzaman, and the general pattern of absence during hartals.  The Chairman of the Tribunal noted that some Defense counsel in other cases are now using security services provided by the law enforcement agencies in order to reach the Tribunal on hartal days. The Tribunal stated that the counsel for  Kamaruzzaman should do the same. The judges stated that this absence is a disservice to the Accused. Furthermore the Tribunal said that given the political situation, they would consider applying Section-13 of the International Crimes (Tribunals ) Act 1973 in deciding whether to allow further adjournments. The judges instructed the junior Defense counsel to communicate these messages to his seniors. Additionally, the Tribunal stressed that it would close the Defense’s  Closing Arguments if the Defense continued to be absent on hartal days.

9 April 2013: ICT-1 Daily Summary – Cross-Examination of Prosecution Witnesses 25 and 26

Due to a nation-wide hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The senior Defense Counsel for Chowdhury completed the cross-examination of Prosecution witness 25, Abu Taher Chowdhury, and Prosecution witness 26, Md Solaiman. See here for coverage of their examination-in-chief. Once the cross-examination was completed the Tribunal adjourned the case until 17 April 2013.

Cross-Examination of Prosecution Witness 25
The Defense questioned Abu Taher Chowdhury about personal details such as his schooling, national ID card, and memory of the location of the homes of UP Chairman Shamsu and Motaleb Chowdhury.  He was also asked about the victim, Saleh Uddin. He stated that in 1971 Saleh Uddin was a student of Chittagong University, but he did not know what year of studies the victim had completed at that time. The witness also could not say whether Saleh Uddin was a resident student at Alaol Hall of the Chittagong University or not.

The Defense asked Abu Taher about the political situation in 1971. He testified that he did not know whether the Muslim League was divided into three parts in 1971: the Kaiyum Muslim League, Council Muslim League and Convention Muslim League. He claimed that Shamsu Miah, Badsha Saudagar and Nurul Huda Qaderi Maizha Miah  were supporters of the Muslim League but did not know whether they supported the Kaiyum Muslim League in particular. The witness could not say whether Sultan Miah was the head of the Kaiyum Muslim League at that time. Continue reading →