Tag Archives: Bangladesh International Crimes Tribunal

18 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense placed their submission for the 3rd day. The Defense show the Tribunal inconsistencies found between testimonies of different prosecution witnesses. The Defense made submissions on charge numbers 2, 4, 6, 11, 12, 13 and 14. Thereafter, the Defense prayed for another day and the Tribunal adjourned the proceedings of the case until tomorrow, 19 December 2013. Continue reading

17 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Mobarak Hossain, Prosecution Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

In the case of Motiur Rahman Nizami, the Defense cross-examined the investigation officer Shyamol Chowdhury, PW-12.

In the case of Mobarak Hossain, the Tribunal heard an application filed by Defense under Rule 26(3) of the Rules of Procedure 2010 for review of the Order dated 13 November 2013 closing the proceedings of the instant case to allow the Defense to complete their concluding arguments. The Tribunal disposed off the application with observation and allowed Defense to complete their closing arguments in 2 days. Thereafter, the Defense made submissions on charge numbers 16, 3, 8, 1, 10, 7 and 9.     Continue reading

7 July 2013: ICT-1 Daily Summary – Nizami PW 12

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the Nizami case, the Tribunal heard the examination-in-chief of Rathindra Nath Kundu, Prosecution witness 12. The Defense also conducted their cross-examination of the witness. The Tribunal then adjourned the proceedings of the case until tomorrow, 8 July 2013.

Prosecution witness 12
Ratindra Nath Kunda, Prosecution Witness 12, testified in support of Charges 1 and 10. Charge 1 alleges that Nizami is responsible for the arrest, detention, torture and killing of Kasim Uddin. He is charged under section 3(2)(a) read with section 4(1), providing for joint criminal liability, and section 4(2), providing for liability under the Doctrine of Command Responsibility. Charge 15 alleges that Nizami committed the crime of persecution as a Crime Against Humanity under section 3(2)(a). The Accused is charged under section 3(2)(a) with section 4(1) and section 4(2) of the ICT Act 1973. Continue reading

3 July 2013: ICT-1 Daily Summary – Hartal, Mobarak Hossain

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The Tribunal heard testimony from Prosecution witness 5, Ali Akbar, in the Mobarak Hossain case. The Defense Counsel then conducted the cross-examination and the Tribunal adjourned the proceedings of the case until 14 July 2013.

23 April 2013: ICT-1 Daily Summary – Chowdhury Cross-Examination of PW 28

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Our coverage is compiled from media sources and conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs SalauddinQader Chowdhury: Cross Examination of PW 28, Accused Present
  2. Chief Prosecutor vs MobarakHossain: Charge Framing Order, Accused Present

Today Defense counsel for Salauddin Qader Chowdhury concluded the cross-examinination of Prosecution witness 28, Poritosh Kumar Palit.

The Tribunal also issued the official Charge Framing Order against Mobarak Hossain. They rejected the Defense’s request for acquittal and also rejected an application for bail. Mubarak Hossain submitted a plea of not guilty. The Tribunal scheduled the opening of the trial for 16 May 2013. Additionally the court requested that the Prosecution and Defense submit their proposed witness lists on 16 May as well.

Chief Prosecutor vs. Salauddin Qader Chowdhury: Cross-examination of Prosecution Prosecution witness 28, Poritosh Kumar Palit, was cross-examined by the Defense. His examination in-chief took place on the 22 April.

The Defense began by asking whether Poritosh or his brothers had filed a case before or after the Liberation War regarding the alleged killing of his father. Poritosh replied that he did not know if anyone he or anyone else had filed such a case at the Rawzan Police Station. He testified that the  Rawzan Police Station is about half a kilometer from his house. He could not say whether his father visited the Police Station before he was killed. He testified that after 25 March 1971 the Pakistani Army went to Rawzan but could not give an exact date.

The Defense then asked him questions about his job as a teacher at RABM high school. He testified that the head master of his school was Abdur Rashid. He stated that when he left the school in 1971  he did not submit the resignation letter or application for leave. He claimed that there were no students from Palit Para or Biswash Para in his school. He testified that his house was about 10 kilometers from the school. He stated that while he was a teacher he also worked as the house tutor for Abul Kashem Chowdhury’s son, Abu Bakar. He acknowledged that Abu Bakar is still living. He stated that he knew the neighbors and that he stayed ab Abul Kashem Chowdhury’s house for over a year. He testified that he did not inform anyone when he left Abul Kashem’s house in 1971.

The Defense asked Poritosh to describe the trip between the scene of the killing and where his family was hiding. He testified that along the road there were shops on both sides of the road, and the houses of wealthy and important people. He admitted that he did not attempt to tell anyone about the killing on his way back. However, he claimed that others were aware of the incident, though he could not say how people heard about it. Continue reading