Tag Archives: command responsibility

13 March 2013: ICT-1 Daily Summary – Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam –Defense Closing Arguments

The Defense continued closing arguments for the 3rd day. They submitted their arguments regarding the testimony of Prosecution witnesses 1, 2 and 3.

Chief Prosecutor vs. Gholam Azam
At the beginning of the Tribunal’s proceedings Defense counsel Mizanul Islam submitted that on March 11, 2013 he mistakenly claimed that under the Collaborators Act 1972 a member of Razakar, Al-Badr, Al-Shams and Peace Committee could be punished based on the membership alone. He corrected himself, stating that under the Collaborators Act 1972 it was crime to fight against freedom fighters. He confirmed that Prosecution relied on Exhibit-519 which he discussed before.

Prosecution Witness 1
Regarding Exhibit-FD, the Defense argued that the author, Prosecution witness 1, had made no comment regarding the list of Peace Committee members mentioned on page no 200. He submitted that the witness did not mention any source or reference for this information. He drew the Tribunal’s attention to the research works of M.A Hasan and Muntasir Mamun (Prosecution witness 1), in which different names were given for the post of Secretary of Peace Committee. The Defense raised doubts about the reliability of the authors’ research. Additionally they argued that there was no gazette notification, circular or order from the government or from any forces of the government which authorized or declared Peace Committee as an auxiliary force. Mizanul Islam submitted that the first duty of the Prosecution was to prove that the Peace Committee was an armed force before considering them as auxiliary force.

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25 Feb 2013: ICT-1 Daily Summary – Gholam Azam Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Prosecution Closing Arguments (Accused Not Present)
  2. Chief Prosecutor vs. Mubarak Hossain (Accused Not Present)

In the Gholam Azam case the Tribunal heard the Prosecution’s closing arguments for the 6th consecutive day. Prosecutor Sultan Mahmud Simon submitted arguments in support of Charge 3 (incitement) from counts 26 to 28 and Charge 4 (complicity) for counts 1 through 13. Thereafter, Tribunal adjourned the proceedings until February 26, 2013.

The Prosecution submitted the Formal Charges against Mubarak Hossain but the matter was not argued or presented in open court. Continue reading

19 Feb 2013: ICT 1 Daily Summary – Gholam Azam Prosecution Closing Arguments on Command Responsibility and Charge 1

Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. Gholam Azam – Prosecution Closing Arguments (Accused Not Present)

Today the Prosecution continued presenting its closing arguments for the 3rd consecutive day. Today, Prosecutor Sultan Mahmud Simon focused his arguments on proof of Gholam Azam’s superior status and liability under the doctrine of command responsibility. The Prosecution additionally summarized their arguments in support of Charge No 1, addressing 6 specific instances of alleged conspiracy contained within that Charge. Thereafter, Tribunal adjourned until February 20, 2013.

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