25 Feb 2013: ICT-2 Daily Summary – Kamaruzzaman Defense Applications, Alim Continuance

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman: Two Defense Applications
  2. Chief Prosecutor vs. Abdul Alim: Defens Request for Additional Time

Today the Tribunal heard two Defense applications in the Kamaruzzaman case. The first was an application to recall the court’s order ending the cross-examination of Prosecution witness18, the Investigation Officer. The order was issued after Defense counsel Kafil Uddin Chowdhury failed to complete the cross-examination within the time stipulated by the court. On 20 February 2013 (Wednesday), the court instructed the Defense to finish the cross-examination before lunch break on Sunday, February 24th. The Defense was absent on Sunday however, due to the ongoing hartal (strike). The Tribunal nonetheless announced that the cross-examination was completed after the lunch recess on the 24th. The second application was a request to allow the Defense to submit additional documents into evidence.

In the Alim case the Tribunal granted a request from the Defense for additional time due to the inability of the senior Defense counsel to attend.

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20 Feb 2013: ICT 2 Daily Summary – Contempt Proceedings, Kamaruzzaman Limitation of Defense Witnesses and Cross-Examination of PW 18

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings: Jamaat Dhaka City Unit
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Limitation of Defense Witnesses, Cross-examination of Prosecution witness 18 (Accused Present)

Today counsel for Jamaat’s Assistant Secretary General of the Dhaka city unit and a Central Executive member of the party appeared and requested ten weeks additional time to allow the accused to appear in court to respond to the contempt charges against them. The judges stated that ten weeks adjournment is unacceptable and they saw no reason why the defendants could not present themselves before the court in compliance with the order. The court then fixed 26 February 2013 as the next date for the matter and stated that the two implicated leaders, Selim Uddin and Hamidur Rahman Azad, must personally appear in the court on that day. The Tribunal initiated contempt proceedings against the two Jamaat leaders by suo-moto order because of comments allegedly made during public engagement on 4th February, a day prior to Mollah’s judgment. Selim Uddin allegedly commented in public that the tribunal should not exist anymore, while Azad allegedly threatened the start of a civil war if the Tribunal delivered an unfavorable verdict.

The court then moved to the Kamaruzzaman case and passed its order pertaining to the Prosecution’s application under Rule 46A of the Rules of Procedure, read with Section 11(3) of the International Crimes (Tribunals) Act 1973, seeking to limit the number of defense witnesses to avoid unnecessary delay in the proceeding. The Tribunal granted the Prosecution’s request and limited the Defense to four witnesses. They stated that only four witnesses would be necessary to support the Defense’s plea of alibi. The Chairman of Tribunal-2 said the defense bears no other burden to prove or disprove the case. The Tribunal asked the defense counsel to provide the prosecution with the names of such witnesses in the earliest opportunity.

The Tribunal then continued hearing the Defense’s cross-examination of Prosecution witness 18, the Investigating Officer Abdul Razzaq.

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