Tag Archives: Bangladesh war of independence

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

21 May 2013: ICT-2 Daily Summary – Abdul Alim PW 21

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – PW 21
  2. Contempt Proceedings Against Selim Uddin and Others

Today the Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness in the case of Abdul Alim. After the Prosecution completed their questioning the Defense requested adjournment for the day, seeking time to prepare his cross-examination. The Tribunal agreed and scheduled the cross-examination for the following day.

The Tribunal also adjourned the contempt proceedings against Jamaat-e-Islam leaders Selim Uddin, Hamidur Rahman Azad and Rafiqul Islam Khan after hearing a petition for additional time. It may be mentioned that the contempt proceedings were initiated by the Tribunal against the Jamaat-trio in February, following comments regarding the Tribunal made at a public engagement the day before the verdict in Qader Molla was issued. Selim Uddin is the only one of the three who has been produced before the court after being arrested. He has filed a separate written explanation through his lawyer. The other two have not been detained by the police, despite the Tribunal having issued an arrest warrant for them.

Chief Prosecutor vs. Abdul Alim
Mr Abdul Hamid Sakidar provided circumstantial evidence as Prosecution witness 21 in the case against Abdul Alim. During examination-in-chief by the Prosecution the witness testified that he was a resident of Sakidarpara during the war in 1971 and that he was 15 or 16 years old at the time. He testified that Abdul Alim was one of the key persons in the formation of the Peace Committee in the Jaipurhat area and acted as its chairman. Sakidar asserted that the Pakistan army killed many people and also burned villages in his area during the war. He stated that local collaborators were also part of these raids.

The witness claimed stated that Alim, along with Muslim League members and Jamaat activists, occupied the Shaon Lal Bazla Godighar (office) in his area. He stated that the Razakar forces were later trained in this godighar and that the Pakistani Army also located its camp there. The witness incriminated the accused by stating that the Pakistani army and the Razakars used to kill people at the instruction of Alim. Sakidar stated that eleven people from his locality were apprehended by the Pakistani Army and the Razakars, and that they were then taken to the north side of Baroghati Pond near Sakidarpara. These eleven people, whose faces were painted black, were then shot to death at Mr Alim’s instruction. Six of the dead bodies were buried under a mango tree thereby and five others were buried under a lychee tree at the south end of the pond.

The witness claimed stated that about after 4 to 5 months after Bangladesh declared its victory over Pakistan about 150 skeletons were recovered from that very pond.

The witness then positively identified the accused in the courtroom.

8 April 2013: ICT-1 Daily Summary – Chowdhury Examination-in-Chief of PW 25 and 26

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness 25, Abu Taher Chowdhury and Prosecution witness 26, Md Solaiman. After recording their testimony the Tribunal adjourned proceedings in the case until tomorrow, 9 April 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Examination-in-Chief of Prosecution Witness 25
The Tribunal first heard testimony from Prosecution witness 25, Abu Taher Chowdhury, a former freedom fighter. He testified that one morning at the end of July 1971 he learned that Saleh Uddin, house tutor of Abdul Motaleb Chowdhury, had been taken by Shamsu, a UP chairman of the nearby village, the Pakistani army and others. The witness stated that as a freedom fighter he tried to find out Saleh Uddin’s whereabouts and learned that Saleh Uddin had been taken to Fazlul Qader Chowdhury’s home at Goods Hill. Abu Taher also testified that he had planned to rescue Saleh Uddin, but that the plan was not practically possible. Therefore he went to the leaders of the Muslim League in his village, Badsha Miah Saudagar and Nurul Huda Qaderi, and asked them to help rescue Saleh Uddin. He testified that in the next day Badsha Miah Saudagar and Nurul Huda Qaderi went to Goods Hill at about 10 or 11 am and were able to bring him back. The witness testified that after Saleh Uddin returned he told them that Salauddin Qader Chowdhury and others beat him because he would not reveal the whereabouts of freedom fighters. Abu Taher testified that Saleh Uddin removed his Panjabi (long loose shirt) to show the injuries he had sustained. The witness stated that he was interviewed by the Investigating Officer on 1 July 2011. He identified Salauddin Qader Chowdhury in the dock.

Examination-in-Chief of Prosecution Witness 26
Prosecution witness 26, Md Solaiman, testified that Saleh Uddin had been staying at the house of Abdul Motaleb Chowdhury as a house tutor. Solaiman stated that at the end of July 1971 he learned that Saleh Uddin had been taken to Goods Hill by Shamsu, the Pakistani Army, and some Razakars. He testified that Harun, a student of Saleh Uddin, found out about his teacher’s abduction and went to Goods Hill along with Badsha Miah Saudagar and Shamsul Huda Maizha Miah. The witness said they were able to bring back Saleh Uddin from Goods Hill. Solaiman testified that after Saleh Uddin’s return, Solaiman and others went to visit Saleh Uddin and that he stated in front of everyone present that he had been persecuted based on the decision of Fazlul Qader Chowdhury and Salauddin Qader Chowdhury. Solaiman testified that he had been interviewed by the Investigating Officer on 1 July 2011. He identified Salauddin Qader Chowdhury in the dock.