Tag Archives: authenticity

24 June 2013: ICT-1 Daily Summary – Chowdhury Testimony and Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today in the Chowdhury case the Tribunal heard three petitions filed by Defense. The first petition requested review of the June 13th order limiting the Defense to 5 witnesses. The second requested adjournment of the case until the terms of reference are disposed off in the Abdul Qader Mollah case at the Appellate Division of the Supreme Court. The third application requested that Serial No. 31 of the seizure list be designated as illegal. After hearing arguments from both parties the Tribunal fixed 26 June for passing its order. Thereafter, Tribunal heard the testimony of Defendant Salauddin Qader Chowdhury, Defense witness 1, for the sixth day and adjourned the proceedings of the case until 26 June 2013. Continue reading

2 July 2013: ICT-2 Daily Summary – Alim PW 30 and 31

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

The prosecution in Alim’s case called Md Mobarak Hossain, the Chief Librarian of Bangla Academcy, and Md Azabuddin Miah, the Assistant Librarian, to give testimony as Prosecution witnesses 30 and 31 respectively. The testimony of both witnesses was formal and brief and used to verify documents submitted into evidence by the Prosecution. The Defense conducted a very brief cross-examination of the witnesses as well. The Tribunal scheduled the hearing of Prosecution witness 32 for 3 July 2013.

Prosecution witness 30: Chief Librarian of Bangla Academy
The Prosecution asked the Md Mobarak Hossain about the documentary evidence he provided to the Investigation Officer. The witness stated that Mr Altafur Rahman, the Investigation Officer for the case, visited the ‘Journal Section’ of Bangla Academy to collect various reports of daily newspaper issues from the 1971-1972 periods. He seized newspapers including the Daily Ittefaq, Daily Sangram, Doinik Bangla, Daily Pakistan, Doinik Purbadesh, and the Daily Azad. The witness stated that the Investigation Officer collected made photocopies of the original, leaving the original with the Bangla Academy.

Cross-examination
On cross-examination the Defense asked the witness who is in charge of the Journal Section of Bangla Academy. In reply, the witness stated that there is no separate officer for the journal section and that the entire library including the journal section is under the supervision of the Chief Librarian. The Defense then drew the witness’ attention  to the exhibited seizure list submitted by the Prosecution. They noted that the  the list does not bear the witness’ name or signature. The witness stated that the materials had been seized from Bangla Academy and not from his personal custody and therefore his name required to appear on the seizure list.  The Defense then questioned the authenticity of the collected reports. The witness finally stated that he has no personal knowledge about the contents of the documents exhibited.

Prosecution witness 31: Assistant Librarian of Bangla Academy
Md Azabuddin Miah testified that he is a subordinate officer under Prosecution witness 30, working as the Assistant Librarian at the Bangla Academy. He testified that he was present when Prosecution witness 30 gave the exhibited newspapers to the Investigation Officer and affirmed the statements of Md Mobarak Hossain. No new statement was made. The Defense declined to cross-examine the witness.

30 May 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments

30 May 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

Today Defense counsel Abdur Razzak began his portion of the Closing Arguments in the case of Mujahid. Although he had previously been designated to cover only the legal aspects of the case, he also discussed evidentiary and factual issues as well, particularly issues pertaining to documentary evidence.

The Defense also informed the Tribunal that because the senior Defense team is also appearing before the Appellate Division in conjunction with the Qader Molla case appeal, they would need the Tribunal to accommodate the Defense’s schedule (in particular Mr. Razzak’s schedule). He said that he would only be able to present arguments in the Mujahid case in the afternoon. The Tribunal agreed to accommodate the Defense counsel as far as possible.

Closing Arguments
The Defense noted that the book “Al-Badr” is the primary documentary evidence relied upon by the Prosecution to establish that Mujahid held a leadership position in the Al-Badr forces during the 1971 war period.

The counsel stated that the book refers to the speech of the ’Nezam’ (Head/leader) of Al-Badr, given the night before Pakistan surrendered on 16th December 1971. The counsel submitted that this is the worst possible form of hearsay evidence as there is no reference as to who recalled and reported the meeting, who gave the description of the meeting, when and where such an interview was taken and how the contents of the speech of the ‘Nezam’ could be authenticated. The Defense submitted that without knowing this information, the evidence cannot be relied upon in reaching any conclusion regarding Mujahid’s position within the Al-Badr forces or his alleged guilt. Because the book amounts to anonymous hearsay it cannot be relied upon. Continue reading