Tag Archives: Closing Arguments

19 November 2013: ICT-1 Daily Summary – Motiur Rahman Nizami, Closing Arguments; Zahir Hossain Khokon, Opening Statements

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Zahir Hossain Khokon

In the case of Motiur Rahman Nizami, the Defense concluded their closing arguments. Today the Defense focused on legal arguments. The Tribunal set tomorrow, 20 December 2013 for Prosecution to make rebuttal arguments in the Case.

In the case of Zahir Hossain Khokon, the Prosecution made opening statements. The Prosecution went through all 11 of the charges brought against Khokon for crimes against humanity, genocide, and for attempt, abetment or conspiracy to commit crimes, and complicity in or failure to prevent any such crimes. The Prosecution read out the historical background of the case, describing Khokon as Razakar commander of Nogaorkanda Police Station of Faridpur. The Prosecution further submitted that, in 1971, Knokon was an accomplice to the Pakistani Army and was an activist of Jamaat-e-Islami. Continue reading

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

14 August 2013: ICT-1 Daily Summary – Chowdhury Closing Arguments, Prosecution Rebuttal

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal heard the seventh day of the Defense’s Closing Arguments in the Salauddin Qader Chowdhury case. The Tribunal had instructed the Defense yesterday that they needed to conclude their arguments within the first hour of today’s session. After the Defense completed their arguments the Prosecution presented its rebuttal. The Tribunal then closed the case pending judgment.  Continue reading

13 August 2013: ICT-1 Daily Summary – Chowdhury Closing Arguments

Today the Tribunal heard cases in the following matters:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today the Tribunal heard an application regarding documentary evidence from Salauddin Qader Chowdhury’s Defense, as well as the sixth day of their Closing Arguments. Yesterday the Tribunal instructed the Defense to conclude their submission by today. However, the Defense failed to complete their arguments and requested additional time. The Tribunal adjourned the proceedings of the case until tomorrow and asked Defense to sum up their submission tomorrow within an hour.       Continue reading

7 August 2013: ICT-1 Daily Summary – Chowdhury Defense Closing Arguments, Qasem Ali Pre Trial

 Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Qasem Ali
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today the Tribunal was scheduled to hearing the Defense’s application for dismissal of the charges against Mir Qasem Ali. However, senior Defense counsel Abdur Razzak requested adjournment saying that after being granted privileged communication with Qasem Ali, the Defense had only 48 hours to prepare for the hearing. Additionally, the Defense noted that the Prosecution had only just served the Defense the type written copies of the illegible documents, numbering 38 pages. The Tribunal granted the request and adjourned the proceedings of the case until 18 August 2013.

In the Salauddin Qader Chowdhury case, Defense counsel Ahsanul Huq Hena again sought adjournment saying that he is still sick. He further stated that due to Eid his junior was on leave. Without anyone to assist him he said it would be difficult for him to continue. The Tribunal denied the request again saying that they cannot adjourn the case due to the personal problems or illness of a Defense counsel when there is another Defense counsel (Fakhrul Islam) available in the same case. Thereafter, Ahsanul Huq Hena continued the Defense’s Closing Arguments for the fourth day. After his submission Tribunal adjourned the proceedings of the case until 12 August 2013 and asked Defense to conclude the Closing Arguments on that day.  Continue reading

5 August 2013: ICT-1 Daily Summary – Chowdhury Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today in the Salauddin Qader Chowdhury case the Defense continued presenting its Closing Arguments for the third day. The Tribunal then adjourned the proceedings of the case until 7 August 2013. Tomorrow, 6 August is a government holiday.

Statements under section 19(2)
The Defense argued that Section 19(2) of the ICT Act 1973 can be used arbitrarily due to its construction. Section 19(2) of the ICT Act 1973 states that the Tribunal may receive in evidence any statement recorded by a Magistrate or Investigation Officer being a statement made by any person who, at the time of the trial, is dead or whose attendance cannot be procured without an amount of delay or expense which the Tribunal considers unreasonable. The Defense argued that the word used in this section is ‘may’ which means this section is discretionary and there may be some exceptions. The section also used the words ‘any person’ and is not specific about the maker of the statement. The Defense remarked that where the statement is recorded by a Magistrate the statement is to be signed by the declarant and accompanied by a memorandum, similarly to Bangladesh’s Criminal Procedure Code. However, Section 19(2) allows for statement made to the Investigation Officer to be admitted into evidence, despite the fact that these statements are not signed by the declarant. The Defense argued that, under Bangladeshi law, statements made to the police, and therefore to the Investigation Officer, carry no value and should not be admitted into evidence.  The Defense therefore asserted that the open ended nature of Section 19(2) shows that there is scope for its misuse.   Continue reading

4 August 2013: ICT-1 Daily Summary – Chowdhury Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the Salauddin Qader Chowdhury case Defense counsel Ahsanul Huq Hena presented the second day of their Closing Arguments.

The Defense argued there is no link between Salauddin Qader Chowdhury and any political party or auxiliary force that was involved in atrocities during the 1971 war. The Defense referred to the testimony of the Investigation Officer who asserted that Fazlul Qader Chowdhury, father of Salauddin Qader Chowdhury, was the associate of the ruling party of Pakistan and that Fazlul supported the Pakistani occupation forces and assisted them and directly or indirectly committed crimes with his followers. The Investigation Officer additionally claimed that Salauddin Qader Chowdhury was inspired by his father’s political ideology and with the help of Pakistani occupation forces he and his followers also directly or indirectly committed mass killings and Crimes Against Humanity in Chittagong. The Defense argued that one cannot assume that sons always follow the ideology of their fathers. They argued that the Investigation Officer failed to present evidence in support of his claims. There is no document to show that Salauddin Qader Chowdhury followed the political ideology of his father or participated in the election campaign of his father. Continue reading