Tag Archives: access to documents

20 Feb 2013: ICT-1 Daily Summary – Gholam Azam Closing Arguments, Nizami Cross-Examination of PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Gholam Azam: Applications, Closing Arguments (Accused Not Present)
  2. Chief Prosecutor vs Motiur Rahman Nizami (Accused Present)

In the Gholam Azam case the Defense submitted three applications. In the first they requested permission for the appearance of foreign expert witnesses General Sir Jack Deverell and Professor William Schabas, either in person or via video link. Alternatively the Defense requested that the Tribunal accept their expert reports into evidence under Rule 46(A) of the Rules of Procedure for the ICT. The Defense additionally filed another application for bail, stating that Gholam Azam is over 90 years old and is in poor physical condition. They claim that he is not receiving proper treatment in the prison cell of the hospital. Finally, the Defense submitted an application requesting permission to inspect the record of orders. The Defense does not receive all orders passed by the Tribunal automatically and stated that they needed to review the record in order to make sure that they had requested the necessary orders. The Tribunal then heard the Prosecution’s closing arguments for the 4th day. The Prosecution focused on Charges 2, and 3.

In the Nizami case the Tribunal heard an application filed by the Prosecution requesting permission to submit additional documents relating to Charge 16 and other charges. The Defense objected that there is no scope to augment reports after investigation, since Tribunal took cognizance base on complete investigation report. The Defense also stated that they did not receive the investigation reports. Thereafter, Defense Counsel Mizanul Islam cross-examined PW-2, Zahir Uddin Jalal alias Bichchu Jalal. The Tribunal then adjourned the proceeding of Nizami case until March 6, 2013.

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17 Feb 2013: ICT-2 Daily Summary – Contempt Proceedings vs. Ziauddin, Qader Molla Application for Review

Today the Tribunal heard the following matters:

  1. Chief Prosecutor vs. Abdul Alim: Request to adjourn due to illness of the Prosecutor (Accused Not Present)
  2. Contempt Proceedings vs. Dr Ahmed Ziauddin: (Accused Not Present)
  3. Chief Prosecutor vs. Qader Molla – Application for Review, Request for Certified Copies of Order for Appeal (Accused Not Present)

Today the the Prosecution in the Alim case requested adjournment for the day because the lead prosecutor is ill and in the hospital. The court then addressed contempt proceedings against Ahmed Ziauddin, the expatriate Bangladeshi lawyer alleged to have been involved in the skype and email conversations with former Tribunal 1 Chairman, Nizamul Hoque. The Tribunal also summarily rejected Qader Molla’s application for review of the 5 February 2013 Judgment. Thereafter they heard a request from Qader Molla’s Defense counsel for certified copies of orders from the court for purposes of preparing his appeal. Continue reading

13 Feb 2013: ICT-2 Daily Summary – Alim cross-examination of PW 10, Kamaruzzaman Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim: Cross-examination of Prosecution Witness (Accused Present)
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Hearing of applications  (Accused Present)

The court started the day’s proceedings with Mr Abdul Alim’s case wherein the prosecution witness PW-10, Mr Abu Sayeed Joarder was cross-examined by the Defense counsel Ahsanul Huq Hena. He previously testified in support of Charge-11 – murder as a crime against humanity in relation to allegedly directing an attack on the civilian population. The Defense counsel’s line of questioning aimed to undermine the reliability and credibility of the witness’s testimony.

The court then moved to the case against Muhammad Kamaruzzaman and heard two separate applications regarding access to documents. Thereafter the proceedings were adjourned due to the Defense counsel’s inability to reach the Tribunal because of ongoing violence in Dhaka.

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Abul Kalam Azad Guilty Verdict

Today Tribunal 2 issued the first verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Abul Kalam Azad, also known by his alias “Bacchu”, who has been tried in absentia.

The Tribunal found Kalam Azad GUILTY on 7 of 8 Charges. He was found NOT GUILTY of Charge 2. Six of the guilty verdicts were for crimes against humanity and one was for genocide. Referencing the gravity of the crimes of genocide and murder as a crime against humanity, the court sentenced Kalam Azad to death by hanging for Charges 3,4,6 and 7. For Charges 1,5,8 the Tribunal stated that Kalam Azad was deserving of imprisonment. However, because of the death sentence issued the Tribunal did not stipulate any further terms of imprisonment.

The pdf can be obtained by clicking here: Kalam Azad Judgment (Summary) 21.01.13

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