Tag Archives: Al-Shams

16 April 2013: ICT-1 Daily Summary – Nizami Examination-in-Chief of PW 4, Abdus Sobhan Submission of Investigation Progress Report

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Investigation of Moulana Abdus Sobhan

In the Nizami case the Prosecuttion and Defense respectively conducted the examination-in-chief and cross-examination of Prosecution witness 4, Habibur Rahman Habib. The case was then l adjourned until 18 April 2013.

In the ongoing Investigation of Moulana Abdus Sobhan the Prosecution a progress report.

Chief Prosecutor vs. Nizami – Prosecution witness 4
Today the Tribunal heard testimony from Prosecution witness 4, the former freedom fighter Habibur Rahman Habib.

Prosecution’s Examination-in-Chief
Habibur Rahman Habib first testified about his personal details, including his profession, family, and education. He stated that in 1971 he was Zilla Muktijuddha Commander, the Pabna district commander of freedom fighters. The witness claimed that until 10 April 1971 Pabna had been free from Pakistani occupation. On 11 April 11 the Pakistani forces took control of Pabna. The witness stated that he, his elder brother Shahidullah and as many as 300 or 400 students fled to India. In India he took shelter at Kachuadanga Camp in Shikarpur. Later he went to Deradun with a 45 member team where they received 45 days of training. Then they left Deradun to return to Pabna.

Habib testified that while in India he learned that Moulana Kasimuddin, the headmaster of the Pabna Zilla School, had been killed. The witness stated that he had been close friends with Shibli, the son of Moulana Kasimuddin. The night of 19 August 1971 Habib said he went to meet Shibli to convey his sympathies and Shibli told him the story of his father’s murder.

Habib testified that Shibli told him that on 4 June 1971 his father, Moulana Kasimuddin, told the family members that he would not be safe in his house because Motiur Rahman Nizami had made a list of people to be killed and Kasimuddin’s name appeared on the list. Kasimuddin attempted to hide himself and boarded a bus from Tematha. However some Jamaat leaders identified him on the way and handed him over to the Pakistani Army. Habib testified that Kasimuddin was then taken to the Nurpur army camp. Shibli told Habib that his father was physically and mentally tortured at the camp. Shibli told him that his mother, brother and sisters went to Nurpur camp and begged for the life of Kasimuddin. Shibli also said that his family members begged Nizami for mercy and asked him to free Kasimuddin. Shibli told Habib that in reply Nizami told Kasimuddin’s wife “Tell your husband to give training to the freedom fighters.” Habib testified that Kasimuddin had given training to students with dummy rifles during the Oshohojog Movement at Pabna Zila School. Continue reading

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

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammed Kamaruzzaman: Final Defense Closing Arguments

The Defense for Muhammad Kamaruzzaman presented the last of their Closing Arguments for the case. Defense counsel Ehsan Siddique began the submission on behalf of the Accused, Kamaruzzaman. Senior Defense counsel Abdur Razzaq appeared and informed the Tribunal that he would resume his portion of the submission after the lunch break. The Defense highlighted five weaknesses of the Prosecution’s case: 

  •  Evidentiary weakness of Charges 2, 3, 4, 5, 6 and 7.
  • Contradictory witness testimony 
  • Inconsistencies between courtroom witness testimony and original statements to the Investigating Officer
  • Credibility issues
  • Failure to Fulfill Requirements of Doctrine of Command Responsibility

Defense counsel Ehsan began his submission with arguments on further legal points involved in Charge-2. He then addressed inconsistencies and contradictions in the witness testimony and documentary evidence submitted in support of Charges-3, 5, 6, and 7.

After lunch, Abdur Razzaq made some final closing remarks regarding Charge 2 before turning to Charge 4.  He identified and outlined the substantial contradictions between the testimonies of the relevant witnesses. The Defense argued that the Prosecution has primarily relied on oral evidence and did not produce a lot of documentary evidence. Razzaq stated that given numerous inconsistencies and contradictions, the testimony of the Prosecution witnesses leaves too much doubt for a conviction to be justified. The Defense claimed that Kamaruzzaman has been targeted solely because of his political affiliations.

Charge-2:
Definition of “Other Inhumane Acts” as Crimes Against Humanity
Defense counsel Ehsan Siddique claimed that the charge of complicity in Charge-2 has not been proven beyond reasonable doubt. He submitted that the term “other inhumane acts” is not a catch-all category and cannot be used to include any type of action not otherwise enumerated within the statute. He cited to the ICTR Trial Chamber’s decision in The Prosecutor v Clement Kayishema and Obed Ruzindana, para 583, states that the category should not be utilized by the Prosecution as an all-encompassing, “catch-all” term.

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