Tag Archives: contempt

12 May 2013: ICT-2 Daily Summary – Mujahid Prosecution Closing Arguments, Moinuddin and Khan Pre-Trial

Due to a national hartal our researchers were unable to attend proceedings today. Our coverage is therefore gathered from media sources and conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid
  2. Pre-trial of Chowdhury Moinuddin and Ashrafuzzaman Khan

The Prosecution continued Closing Arguments in the Mujahid case. They began addressing the evidentiary aspects of the case and Charges 1 and 2.

Under Charge 1 Mujahid is accused of the abduction and subsequent murder of Mr Seraj Uddin Hossain, who was the then Executive Editor of the Daily Ittefaq. Mujahid is charged with abduction and murder as Crimes Against Humanity, under section 3(2)(a) of the ICT Act. Prosecution witness 4 testified in support of the charge. It is additionally alleged that Mr. Chowdhury Moinuddin and Mr Ashrafuzzaman Khan, who have recently been separately indicted, partnered with Mujahid, members of Al-Badr and the Pakistani Army in the commission of these crimes.

Charge 2 alleges that Mujahid commited persecution as a Crime Against Humanity and Genocide in conjunction with attacks committed in Baidyadangi, Majhidangi and Baladanga. He is charged under section 3(2)(a) and Section 3(2)(c) of the ICT Act. Prosecution witnesses 6, 8, 9, 10 and 11 supported the allegations within Charge 2. It is alleged that Mujahid committed the alleged crimes with the assistance and participation of Abul Kalam Azad, Hammad Maolana, Gofur Rajakar, Jahangir Razakar, Kalu Bihari and other members of the Pakistani Army, the Razakars, Al-Badr, the Peace Committee and members of the Bihari community.

Chief Prosecutor vs. Chowdhury Moinuddin and Chief Prosecutor vs. Ashrafuzzaman Khan
The Tribunal also addressed the cases against Chowdhury Moinuddin and Ashrafuzzaman Khan. The Police submitted an official report stating that they had been unable to arrest the accused because they are out of country, Moinuddin residing in the United Kingdom and Ashrafuzzaman in the United States. The Tribunal then issued an order to the Office of the Registrar requesting them to publish an advertisement in two widely circulated national dailies asking the two Accused to appear before the Tribunal within 10 days of its publication, failing which a trial-in-absentia will be conducted.

Administrative Issues:
Brussels based legal expert Ahmed Ziauddin who allegedly conducted inappropriate Skype conversations regarding the proceedings with the former Chairman of Tribunal 1, submitted his response to contempt proceedings against him in compliance with the Tribunal 2’s order of 3 January 2013. The submission was received by the Registrar of the ICT through the Ministry of Foreign Affairs. The matter will soon appear in the Daily Cause List of the Tribunal for further order.

24 April 2013: ICT-2 Daily Summary – Qasem Ali, Contempt Proceedings, Chowdhury Prosecution Witnesses 29 and 30.

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Our coverage is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mir Quasem Ali : Investigative Report
  2. Contempt Proceedings against The Economist
  3. Chief Prosecutior vs Salauddin Quader Chowdhury: Prosecution Witnesses 29 and 30

The Prosecution  submitted its progress report regarding the investigation into Mir Qasem Ali. They requested an additional two-weeks to prepare the Formal Charge. The Tribunal scheduled the submission for 9 May 2013.

In  the ongoing contempt proceedings against the Economist, Barrister Mustafizur Rahman Khan sought two weeks additional time on behalf of the Defendants. The Tribunal fixed 14 May for hearing the reply of the South Asian Bureau Chief and Chief Editor.

Today the Prosecution also conducted its examination-in-chief of Prosecution witness 29, Shubol , and  Prosecution witness 30, Md Nazim Uddin. Thereafter, Defense counsel Ahsanul Huq Hena began the cross-examination of Prosecution witness 29. The Tribunal adjourned the case until 25 April 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury: Prosecution Witness 29 and 30
Prosecution Witness 29
Today the Prosecution called witness 29, Shubol. The witness testified in support of Charge 2 which alleges that Salauddin was involved in the murder of Poncha Bala Sharma, Shunil Sharma, Joti Lal Sharma, Dulal Sharma and Dr Makhon Lal Sharma and in the injury of Joyonta Kumar Sharma. It is alleged that these acts of murder and injury were committed with the intent to destroy the members of the Hindu religious group in whole or in part ,which was considered Genocide under section 3(2)(c)(i) and 3(2)(c)(ii). Continue reading →

Weekly Digest Issue 9: March 17-21

We apologize for the delay in publishing this week’s digest.

Hartals again interrupted our coverage of the ICT trials. Sunday, 17 March 2013, was a national holiday, and the Tribunal was in recess. Hartals (strikes) were called by the opposition party coalition on Monday and Tuesday, and due to security concerns our researchers were unable to attend. Therefore, our summaries for those days are drawn from media sources as well as conversations with the Defense and Prosecution. On Thursday, both Tribunal 1 and Tribunal 2 adjourned early, after it was announced that the President of Bangladesh had passed away on Wednesday.

Tribunal 1
In Tribunal 1, the Defense and the Prosecution in the Gholam Azam case presented in-depth arguments regarding the applicability of the Doctrine of Command Responsibility to civilians. In the Salauddin Qader Chowdhury case, the Defense cross-examined Prosecution witness 21, who began providing testimony the previous week. The Defense for Sayedee presented two additional applications: one for bail, and the other or certified copies of documents from two criminal cases in the district court system. The Tribunal also heard the examination of Prosecution witness 3 in the Nizami case. Finally, citing the growing insecurity in Dhaka, Defense counsel for Salauddin Qader Chowdhury applied for police escort to the Tribunal on hartal days.

Tribunal 2
Tribunal 2 also experienced significant delays due to hartals, absence of counsel, and illness of witnesses. The court heard the Defense’s cross-examination of Prosecution witness 13 in the Abdul Alim case and granted an extension for the production of a Defense witness in the Kamaruzzaman case. Additionally, the Tribunal dealt with ongoing contempt proceedings against Jamaat leaders.

Please read the full report here: Weekly Digest, Issue 9 – March 17-21

25 March 2013: ICT-1 Daily Summary – Chowdhury Cross-Examination of PW 23

25 March 2013: ICT-1 Daily Summary –

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. the Economist – Reply from Respondent
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury – Hearing of Request for Police Escort, Prosecution Witness 23

Today Mustafizur Rahman, counsel for the named respondents in the contempt proceedings against the Economist, submitted their reply and the Tribunal fixed 24 April 2013 for a hearing. The South Asian Bureau Chief of the Economist and the Chief Editor of the London based weekly were named in contempt proceedings that the Tribunal initiated on 6 December 2012. The Tribunal issued a notice asking them to show cause why action for interference with the ongoing trials and violating the privacy of a judge in conjunction with the publication of alleged skype conversations between the former Tribunal 1 Chairman and foreign lawyer Ahmed Ziauddin.

Today the Tribunal also heard arguments from Ahsanul Huq Hena, Senior Defense Counsel for Salauddin Qader Chowdhury, in support of his application for police protection coming to the Tribunal during hartal (strike) days. The advocate submitted that he represents Salauddin Qader Chowdhury, Mobarak Hossain alias Mobarak Ali, and Abdul Alim. Hena stated that he is does not belong to any political party and comes to court in a professional context. He further submitted that on his way to the Tribunal he has been followed and threatened in offensive language by people outside the court. Because he resides far away from the Tribunal and has to cross several areas to come to the Tribunal, Hena stated that it is unsafe and troublesome for him to attend proceedings during hartal days.

Prosecutor Sultan Mahmud Simon agreed with the Defense application and stated that if the provisions of law (he did not make it clear which law) allowed Prosecution counsel to receive police protection then Defense Counsel should be similarly assisted. The Tribunal verbally allowed the Defense application and asked Prosecutor Sultan Mahmud Simon to communicate the Tribunal’s approval to the police. The Tribunal also scheduled 27 March as the date for passing its order regarding this application.

After hearing the Defense application, the Tribunal then turned to the Defense’s cross-examination of Prosecution witness 23, Bano Gopal Dash. After the completion of the cross-examination the Tribunal adjourned the proceedings of the case until 27 March 2013.

Continue reading →

Weekly Digest Issue 7: 3-7 March

This week’s Weekly Digest follows Tribunal 1’s progress in the Gholam Azam case where the Defense continued its Closing Arguments. Additionally, the report contains a summary of witness testimony in the Salauddin Qader Chowdhury case. The Tribunal also formally took cognizance of the charges against Mubarak Hossain and ordered that he be detained in jail this week.

Turning to Tribunal 2, the report details developments in the Mujahid, Kamaruzzaman, and Alim cases and additionally addressed several ongoing contempt proceedings. In the Mujahid case the Tribunal disposed of three Defense applications and heard the direct examination of Prosecution witnesses 14, 15 and 16. In Kamaruzzaman the Tribunal heard testimony from Defense witnesses 1, 2 and 3. In the case of Abdul Alim they heard testimony from Prosecution witness 12. Finally the court dealt with ongoing contempt proceedings against Jamaat leaders, the Daily Shongram, and MK Anwar.

Please read the full report here: Weekly Digest, Issue 7 – March 3-7