Tag Archives: access to documents

10 March 2013: ICT 1 Daily Summary – Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam – Defense Closing Arguments

Today’s proceedings began with a Defense application for a week long adjournment. Senior Defense counsel, Mizanul Islam, cited the death of his mother in-law and travel schedule as reason, stating that he was not prepared to begin Defense Closing Arguments. The Tribunal rejected the application and required that Defense Counsel Mizanul Islam begin the summing up. The Defense began their Closing Arguments and continued until 11:45am. At that time they again sought adjournment and Tribunal allowed the prayer, adjourning the case until tomorrow, 11 March 2013.

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26 Feb 2013: ICT 1 Daily Summary – Gholam Azam Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Disposition on Defense Applications, Prosecution Closing Arguments

Defense Applications
On 17 February 2013 Tajul Islam, Defense Counsel of Gholam Azam filed three applications. One application was for permission to either call General Sir Jack Deverell and Professor William Schabas as expert witnesses, depose these witnesses via video link, or to submit their expert reports into evidence pursuant to Rule 46A of the International Rules of Procedure 2010. Defense also filed another application for bail. On 20 February 2013 Tribunal heard these two applications along with another application filed by the Defense requesting permission inspect the record of orders. Today (26 February 2013) passed order regarding these three applications.

Regarding the application for two foreign witnesses Tribunal passed an order rejecting the application and stated that Tribunal already expressed its views at the time of recording of evidence. Tribunal further stated that the recording of evidence has already been completed and the case is now at the stage of Closing Arguments. The court did allow the Defense to submit the expert witness reports though it was unclear whether they would be accepted as exhibits or simply for reference by the Judges.

The Tribunal rejected the bail application, which was filed on medical grounds, stating that Gholam Azam has received adequate medical attention and that the nature of the charges against him and the stage of the trial do not allow for him to be set free on bail. The Tribunal further directed the authorities at Bangabandhu Sheikh Mujib Medical University to take all necessary steps to provide him proper treatment.

Regarding the inspection of record of orders Tribunal stated that a Defense Counsel will be allowed to inspect the record for an hour in front of two bench officers.

Closing Arguments
Thereafter, Tribunal heard the closing arguments of Prosecution side for 7th consecutive day. Prosecutor Sultan Mahmud Simon submitted arguments in support of Charge No 4 (complicity) incidents 13 through 23 counts. The Tribunal then adjourned the proceedings until February 27, 2013.  Continue reading

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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