Tag Archives: Closing Arguments

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

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Selim Uddin  and others                                                     
  2. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Defense  Closing Arguments

Tribunal-2 heard contempt proceedings against Selim Uddin and his fellow Jamaat-e-Islam leaders Hamidur Rahman Azad MP and Rafiqul Islam Khan. Selim Uddin, through his lawyer Tajul Islam, provided an unconditional apology to the Tribunal for his derogatory remarks and did not attempt to justify them. Defense counsel Tajul Islam submitted that Selim Uddin did not intend to disrespect the Tribunal. After hearing the apology the Tribunal fixed 9 June 2013 for passing their final order. The two other contemnors Rafiqul and Hamidur again failed to appear before the Tribunal or to submit any explanation of their comments through legal counsel.

After lunch, Defense counsel Abdur Razzaq resumed his Closing Arguments on behalf of Ali Ahsan Mujahid. The Defense discussed the various legal aspects of case along with some of the evidentiary matters regarding the alleged leadership position held by the Accused within Al-Badr, which is a key factual matter in the charges against him. The Defense additionally addressed the following:

  1. Probative value of the documentary evidences.
  2. Defective charges and the lack of specific allegation therein.
  3. Section 4(2) of the 1973 Act and imposing liability for superior / command responsibility. Continue reading →

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 →

28 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Contempt Proceedings vs. PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid –  Defense Closing Arguments
  2. Contempt Proceedings Against Jahir Uddin Jalal, Prosecution Witness 2

The Defense in the Mujahid case addressed Charge-7, covering its evidentiary aspects before making overall closing statements regarding the investigation process and the case in general. The Closing Arguments were primarily led by Defense counsel Munshi Ahsan Kabir who had been released from the hospital following an alleged assault on him by Jahir Uddin Jalal, Prosecution witness 2.

After lunch, the Tribunal took up the issue of the alleged assault and heard the Defense’s application for contempt proceedings to be brought against the witness Jalal. After hearing the application the court ordered of contempt proceeding against the witness to begin 5 June 2013. They issued a notice that Jalal must submit his written explanation by that date. Continue reading →

27 May 2013: ICT-2 Daily Summary – Contempt, Ashrafuzzaman Khan and Moinuddin Order, Mujahid Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Prosecution Witness 2, Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan
  3. Chief Prosecutor vs. Chowdhury Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The day’s proceedings began with the Defense notifying the court that Prosecution witness 2 in the Mujahid case had allegedly assaulted Defense counsel member Munshi Ahsan Kabir near his chambers in Paltan, Dhaka. On 26 May 2013, Mr. Kabir was on his way to the chamber to attend a meeting of the Defense team. As he was descending from his rikshaw he encountred the witness, Jalal, who verbally assaulted him, calling him ‘son of Rajakar’ and using other insults and curses. The Defense claimed that Jalal then kicked Mr. Kabir in his lower abdomen by the prosecution witness, causing him to collapse on the ground. Jalal fled the scene. Mr. Kabir was then taken to the hospital by local people. The Defense urged the Tribunal to take action against the attacker of the and expressed the hope that all would agree, including the Prosecution. The Tribunal fixed 28 May 2013 for a hearing of the Defense’s contempt petition regarding the attack.

The Tribunal nex passed an order allowing the trials of Md Ashrafuzaman Khan, alias Nayeb Ali, and Moinuddin Chowdhury to be held in absentia under Section 10A of the ICT Act and Rule 32 of the Rules of Procedure of Tribunal-2. The judges observed that the two accused have not appeared before the court despite publication of notices in two widely circulated national dailies. The Tribunal stated that the two are considered to have absconded in an effort to avoid trial and that therefore their trials will commence in their absence. Mr Abdus Shukur Khan and Salma Hye Tuni, both learned advocates of the Supreme Court of Bangladesh have been selected as State-appointed-counsels to defend the accused, and will receive remuneration as approved by the Tribunal.

Finally, the in the case of Mujahid the Defense resumed Closing Arguments, addressing factual and evidentiary issues pertaining to Charges 2 to 6. The Defense noted that Charge 7 would be addressed on the following day and that Defense counsel Abdur Razzak would subsequently discuss relevant legal issues in the case.  Continue reading →

22 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Alim PW 21, Pre-trial issues and contempt

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Against Selim Uddin
  2. Syed Md Qaisar: Bail Application
  3. Chief Prosecutor vs. Md Ashruzzaman Khan and  Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid – Defense Closing Arguments
  5. Chief Prosecutor vs. Abdul Alim – Cross-Examination of PW 21

The Tribunal deferred the contempt proceedings against Selim Uddin until 28 May 2013 for further order. It then moved on to hear the bail application filed on behalf of Syed Md Qaisar who is currently under investigation for war crimes and related offences that may have been committed during the 1971 War of Liberation. Mr Qaisar, a former BNP leader and a subsequent policy maker of President HM Ershad’s cabinet was arrested on a warrant issued by Tribunal-2 on 15 May 2013. Upon hearing the bail application, the court took a brief recess of twenty minutes before finally rejecting the application. Mr Qaisar was then sent to jail.

The Prosecution team in the cases against Md Ashrafuzaman Khan alias Nayeb Ali and Moinuddin notified the Tribunal that they had followed its order and published a notification in two widely circulated national dailies asking the two defendants to appear before the Tribunal. The notice was published on 14 May 2013 in the Daily Janakantha and on 15 May in the Daily Star. The notification announced that failure to appear within 10 days of such publication would result in the court ordering trials-in-absentia, as was done in the case of Abul Kalam Azad. The Tribunal stated that they would hear the case next on  27 May 2013.

In the case of Mujahid the Defense began their Closing Arguments. They began with arguments regarding the evidentiary aspects of the case and stated that senior Defense counsel Abdur Razzak will be later address the relevant legal arguments.

Finally, the Defense counsel for Abdul Alim conducted the cross-examination of Prosecution witness 21. They primarily attacked the credibility of the witness and accused him of providing false testimony. The Defense further suggested that the witness provide the same testimony to the Investigation Officer during his original interview.  Continue reading →