Tag Archives: Closing Arguments

29 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

 At the beginning of today’s proceedings the Tribunal summarily rejected an application for adjournment filed yesterday by the Defense requesting additional time for approval from the Chief Justice for High Court judge Shamim Hasnain to testify in the Chowdhury case. The Prosecution then continued with its Closing Arguments for the second consecutive day, addressing charges 3, 4, 5 and 6. Arguments will continue tomorrow. Continue reading

28 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mobarak Hossain

In the Chowdhury case the Prosecution began their Closing Arguments, addressing charges 1, 2 and 3. The Defense also filed an application seeking adjournment stating that Shamim Hasnain is willing to testify in the case and has requested permission to do so from the Chief Justice. They requested adjournment until approval is granted. The Defense also attached a letter sent by Salman F Rahman (one of the proposed DWs) to the registrar in which the potential witness stated that he is currently out of the country, has fallen ill and has been instructed by his doctors to recover prior to traveling. The Tribunal responded that if it decided the application merited hearing it would appear in the cause list the next day.

In the case against Mobarak Hossain today was scheduled for the examination-in-chief of Prosecution Witness 7. However, due to the Closing Arguments in the Chowdhury case the Tribunal rescheduled the witness’ testimony for 12 August. Continue reading

Special Report Issue #3: Chief Prosecutor vs. Gholam Azam Case Summary

This special report provides a detailed overview of the factual and legal arguments presented by the Prosecution and Defense in the case of Chief Prosecutor vs. Professor Gholam Azam. Arguments in the case were completed on 17 April 2013 and the case is currently awaiting verdict from Tribunal 1. We have reported on the documentary and witness evidence used to support each count within each distinct charge, as well as the general arguments made by both parties. Once the Tribunal issues its verdict, we will publish a supplementary report regarding the legal conclusions made in the Judgment.

For the full report please go here: Special Issue No. 3 – Gholam Azam Case Summary

4 June 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments and Prosecution Reply

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The Defense  completed their closing arguments before Tribunal 2 in the case of Mujahid,  discussing the evidentiary issues and the required elements for liability under the Doctrine of Joint Criminal Enterprise (JCE).

The Required Mental State for Liability Under Joint Criminal Enterprise
The Defense continued their arguments from the previous day and addressed the required mental state, or mens rea, for liability under the Doctrine of Joint Criminal Enterprise (JCE). Referring to paragraph 228 of the Tadic (Appeals Judgment) the Defense Imran submitted that the Prosecution has failed to prove the requisite mental state for liability under JCE as they have presented no evidence to establish that Mujahid intended to take part in a common plan or design with any member of Al-Badr or othered armed group for the purpose of committing a crime. The Defense argued that there is no evidence on record showing that Mujahid even had knowledge of an alleged common plan or design. Referring to the allegation that the accused said “usko hotao” (take him away) to his men, referring to a detainee, the Defense argued that these mere words do not prove the mental state of intent and knowledge required for JCE-1, as that type of JCE requires material participation by the Accused. Continue reading

3 June 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

Today the Defense continued their closing arguments in the case of Chief Prosecutor vs. Mujahid. They completed their arguments regarding the requirement of effective control by the Accused in order establish liability under Command Responsibility. They also emphasized doubt pertaining to particular charges due to inconsistent witness testimony. The Defense argued that the required mens rea, or mental state, has not been proven in the instant case. Finally the Defense submitted arguments regarding the Doctrine of Joint Criminal Enterprise (JCE) under international law.  Continue reading