Tag Archives: ATM Azharul Islam

15 December 2013: ICT-1 Daily Summary – ATM Azharul Islam, Hearing on Petition for Review of the Charge Framing Order; Mobarak Hossain, DW-1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. ATM Azharul Islam  
  2. Chief Prosecutor vs. Mobarak Hossain

ATM Azharul Islam

In the case against ATM Azharul Islam, today was set for hearing an application filed by the Defense for review of the charge framing order. Junior Defense Counsel sought adjournment for one additional day, saying that senior Defense Counsel Abdur Razzak could not appear due to “personal difficulties.” The Prosecution opposed the request. The Court asked the junior Defense Counsel whether he could assure the Tribunal that his senior would definitely appear the next day, if granted another adjournment.  The junior Defense Counsel replied that he could not ensure the appearance of his Senior. The Tribunal therefore denied the request for adjournment, and rejected the petition for review of the Charge Framing Order, stating that the review petition had no substance.  The Tribunal noted that it had already deferred the hearing four times.  In denying the original motion, the Order of the Court concluded the charges had been properly framed on the basis of documents filed by the Prosecution.

Mobarak Hossain

In the case against Mobarak Hossain, today was set for recording the testimony of Defense Witness 1, the Accused. Senior Defense Counsel was absent, so junior Defense Counsel conducted the examination-in-chief. The Tribunal recorded the testimony of the Accused as DW-1. Thereafter, the Prosecution cross-examined Mobarak Hossain. The Tribunal adjourned the proceedings of the case until 24 December 2013.        Continue reading

1-5 September 2013: ICT-1 Daily Summaries

From 1 to 5 September 2013 our observer was on leave. These summaries have been compiled from media coverage of the proceedings:

Summary of 1st September
In case of Motiur Rahman Nizami, the Defense conducted the cross-examination of Johurul Haque, Prosecution witness 18. Thereafter, Tribunal adjourned the proceedings of the case until tomorrow, 2 September 2013.

Summary of 2nd September
On 22 August Tribunal heard a petition filed by the Prosecution requesting the Tribunal to issue an order of contempt under section 11(4) of the ICT Act 1973 and Rule 45 of the Rules of Procedure against Human Rights Watch Board of Directors, Executive Director of Asia Division Brad Adams, and Associate of Asia Division Storm Tiv. Continue reading

18 August 2013: ICT-1 Daily Summary – ATM Azharul Islam and Mir Qasem Ali Pre-Trial Proceedings

Today the Tribunal heard matters in the following cases:

  1. Pre-trial proceedings against ATM Azharul Islam
  2. Pre-trial proceedings against Mir Qasem Ali 

Today in the pre-trial proceedings against ATM Azharul Islam the Tribunal was scheduled to hear arguments regarding the framing of charges against the Defendant. However, the Defense filed two applications: one for adjournment and another requesting privileged communication with the Defendant. The Defense argued that they received numerous documents from the Prosecution and had not had sufficient time to examine them. Additionally they argued they needed additional time to prepare for the hearing on the charge matter and to consult with their client. The Prosecution opposed the applications, arguing that privileged communication is not appropriate at this stage of trial. After hearing both sides the Tribunal granted both applications and set 24 August for privileged communication between ATM Azharul Islam and his two defense attorneys from 10 am to 1 pm. The Proceedings were then adjourned until 29 August 2013.

The Tribunal then turned to pre-trial proceedings against Mir Qasem Ali in which it heard the Defense’s arguments for dismissal of the proposed formal charges against the Defendant. Continue reading