Tag Archives: AKM Yusuf

10 December 2013: ICT-2 Daily Summary – Hartal Coverage of Abdul Quader Molla, Supreme Court Sentence Received and Warrant of Execution Issued; AKM Yusuf, Examination of PW-17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla
  2. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Today the ICT received the case record of Chief Prosecutor vs. Abdul Quader Molla from the Appellate Division of the Supreme Court, along with the Appellate Division’s full Judgment and Order, dated 17 November 2013, in the appeal against conviction (Criminal Appeal Nos. 24-25 of 2013) from Abdul Quader Molla. In its Judgment, the Supreme Court, which is the highest court of appeal, converted the sentence from imprisonment for life, conferred by ICT-2, to “sentence of death.”

The Tribunal also recorded testimony today from PW-17 in the case against AKM Yusuf.

Judgment of the Appellate Division of the Supreme Court of Bangladesh

Following the Judgment and sentencing passed on 5 February 2012 by ICT-2 against Abdul Quader Molla, the State filed Criminal Appeal No. 24 of 2013 seeking enhancement of the sentence from life imprisonment, and appealing against an order of acquittal that had been issued in respect of Charge 4. The Defense filed Criminal Appeal No. 25 of 2013 appealing against conviction of Quader Molla.

The Appellate Division unanimously found in favor of the State’s Appeal, and elected by a 4 to 1 majority to change the sentence from imprisonment for life to death. The Appellate Court further set aside the order of acquittal on Charge 4, instead finding the Accused guilty of the charge, and sentencing him to life imprisonment on that count.

The Appellate Division unanimously dismissed the Defense appeal against conviction on Charge 6, and held by a 4 to 1 majority that the conviction and sentence passed in respect of Charges 1, 2, 3 and 5 should be maintained.

A full copy of the judgment of the Appellate Division of the Supreme Court can be accessed here: Abdul Quader Molla-SC Appellate Division Judgment

Warrant of Execution of Passed

Upon receiving the Appellate Division’s full judgment, ICT-2 instructed the Registrar of the Tribunal to immediately issue a Warrant of Execution on the death sentence. It ordered the Registrar to ensure quick transmission of the Warrant of Execution to the prison authority, directing the Registrar to return the warrant to the Tribunal with an endorsement certifying that the sentence has been executed. The Court also ordered that the Judgment and Order of the Appellate Division be transmitted to the Dhaka District Magistrate and the Secretary of Ministry of Home Affairs for information and necessary compliance with the law.

A copy of the “Warrant of Execution”, issued by ICT-2 can be accessed here: Death warrant of Abdul Quader Molla

Switching cases, ICT-2 moved on to recording the examination-in-chief of PW-17 in the case against AKM Yusuf, after the cross-examination of PW-16 was closed because senior defense counsel was absent, once again. Continue reading

24 November 2013: ICT-2 Daily Summary – AKM Yusuf, PW-9, PW-10, and PW-11

Today the Tribunal heard matters in the following case: 

  1. Chief Prosecutor vs. AKM Yusuf

ICT-2 recorded the cross-examination of PW-9 and the examination-in-chief of PW-10 and 11 in the case against AKM Yusuf. Cross-examination of PW-10 and 11 will be conducted by Defense counsel on 25 November 2013. Continue reading

20 November 2013: ICT-2 Daily Summary – AKM Yusuf, PW-8 and PW-9

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. AKM Yusuf

Continuing from where proceedings left off 18 December 2013, ICT-2 completed recording the cross-examination of PW-8 in the case against AKM Yusuf. It then recorded the examination-in-chief of PW-9 and adjourned the case until 24 November 2013.  Continue reading

18 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Defense Motions and Opening Statements again delayed; AKM Yusuf, PW-8

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

ICT-2 heard two separate Defense applications today, filed on behalf of accused Mir Quasem Ali. One sought disclosure of Prosecution documents, and the second sought disclosure of further details about Prosecution witnesses. The Tribunal granted the former but not the latter. The Prosecution then sought adjournment of the case until 10 December.  The Court directed the Prosecution to provide the Defense copies of all the documents pertinent to their motion on or before 25 November 2013.

In the case against AKM Yusuf, the Tribunal recorded the examination-in-chief of PW-8, and the Defense began cross-examination before retiring for the day. The testimony of PW-8 supports Charges 10, 11, and 13 faced by the Accused. Continue reading

17 November 2013: ICT-2 Daily Summary – Mir Quasem Ali, Opening Statements Delayed; AKM Yusuf, PW-5, PW-6 and PW-7

Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Mir Quasem Ali
  2. Chief Prosecutor vs. AKM Yusuf

Today was set for opening statements in the case against Mir Quasem Ali, but the Accused was not present in Court, becasue the Jail Authority had not received the order to produce him. Due to this procedural error, the Tribunal adjourned the case until 18 November 2013, thereby delaying the opening statements by one day.

ICT-2 then moved to the case against AKM Yusuf.  They completed recording the cross-examination of PW-5, and heard complete testimony from PW-6 and PW-7, including their cross-examinations. Continue reading

10 October 2013: ICT-2 Special Report – AKM Yusuf, Bail Hearing; Jahir Uddin Jalal alias Bicchu, Contempt Proceedings

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf
  2. Chief Prosecutor vs. Jahir Uddin Jalal

On 10 October 2013 heard a bail application from senior Defense counsel Abdur Razzak, on behalf of AKM Yusuf.  Counsel sought release of the Accused on grounds of recent deterioration of his health. The Court directed the jail authorities to submit an updated health report to the Tribunal, reflecting the latest health condition of the Accused. It fixed 23 October 2013 as the next date for passing further orders in regard to his bail.

Also today, the tribunal passed its long awaited order in the contempt proceedings against Jahir Uddin Jalal. These contempt proceeding had received significant attention from the Bangladeshi public, in particular amongst members of the Bar, so we elected to review the charges in detail here, as compiled from previous daily summaries where we covered the matter.

Continue reading

26 August 2013: ICT-2 Daily Summary – AKM Yusuf Order On Defense Application

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf

Today Tribunal 2 rejected a review application filed by the Defense on behalf of AKM Yusuf seeking review of the Charge Framing Order.  Only two members of the bench were present, Justice Mozibur Rahman Miah and Justice Md Shahinur Islam. Jointly they issued an order summarily rejecting the petition by reason of the Defense’s delay in submitting the application. The Tribunal did not accept the Defense’s argument that the delay in filing the application was due to a delay in obtaining a certified copy of the original Charge Framing Order. No other cases were listed in the court ‘s daily cause list and Chairman of Tribunal 2, Justice Obaidul Hassan, is currently on leave. The Tribunal then adjourned for the day.