Tag Archives: contempt

17 Feb 2013: ICT-2 Daily Summary – Contempt Proceedings vs. Ziauddin, Qader Molla Application for Review

Today the Tribunal heard the following matters:

  1. Chief Prosecutor vs. Abdul Alim: Request to adjourn due to illness of the Prosecutor (Accused Not Present)
  2. Contempt Proceedings vs. Dr Ahmed Ziauddin: (Accused Not Present)
  3. Chief Prosecutor vs. Qader Molla – Application for Review, Request for Certified Copies of Order for Appeal (Accused Not Present)

Today the the Prosecution in the Alim case requested adjournment for the day because the lead prosecutor is ill and in the hospital. The court then addressed contempt proceedings against Ahmed Ziauddin, the expatriate Bangladeshi lawyer alleged to have been involved in the skype and email conversations with former Tribunal 1 Chairman, Nizamul Hoque. The Tribunal also summarily rejected Qader Molla’s application for review of the 5 February 2013 Judgment. Thereafter they heard a request from Qader Molla’s Defense counsel for certified copies of orders from the court for purposes of preparing his appeal. Continue reading →

Weekly Digest, Issue No. 1 – January 20-24, 2013

This is the first issue of the Weekly Digest, a summary of proceedings at the International Crimes Tribunal that will be published on a weekly basis. These reports are designed to provide an overview of events in a digestible manner, suitable to those who want to stay abreast of the proceedings but do not have the time to follow the Daily Summaries.

This week the Tribunal issued its first verdict, the judgment in the Case of Chief Prosecutor vs. Abul Kalam Azad, alias Bachu. The Defendant was tried in absentia by Tribunal 2, and found guilty of six counts of crimes against humanity and one count of genocide. He was sentenced to death by hanging. Tribunal 1 primarily heard the Defense’s closing arguments in Chief Prosecutor vs. Delwar Hossain Sayedee. The Tribunal additionally addressed applications for the removal of Prosecutor Zead al-Malum among other matters.

Read the full report:

Weekly Digest, Issue 1 – Jan 20-24

Contents of Weekly Digest Issue No. 1
Cases Covered:
Tribunal 1: Sayedee, Nizami, Golam Azam, Chowdhury
Tribunal 2: Kalam Azad, Mujahid, Kamaruzzaman, Qader Molla, Abdul Alim

Applications and Orders:
Tribunal 1: Application for Removal of Prosecutor Zead al-Malum; Application for Contempt Proceedings against Ahmed Ziauddin; Application for Review of Order Denying Retrial; Application for Extension of Bail;

Tribunal 2: Final Judgment; Contempt Proceedings against MK Anwar and Sranjit Sen Gupta; Witness Testimony

Read the full report here:

Weekly Digest, Issue 1 – Jan 20-24

14 Feb 2013: ICT-2 Daily Summary – Contempt Proceedings, Kamaruzzaman Cross-Examination of PW 18

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Home Minister Mohiuddin Khan Alamgir
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Cross-Examination of PW 18 (Accused Present)

The Tribunal first heard a request for more time on behalf of the Home Minister, Mohiuddin Khan Alamgir, who is facing contempt charges based on comments made about the timing of verdicts to be issued by the Tribunal.

The court then proceeded to the case against Muhammad Kamaruzzaman wherein defense counsel Mr Kafil Uddin Chowdhury resumed the cross-examination of PW-18, Mr Abdur Razzaq,  the Investigation Officer of the case.  Continue reading →

7 Feb 2013: ICT-2 Daily Summary – Kamaruzzaman re-examination of PW 16, Contempt against Jamaat

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman – Re-examination of prosecution witness  (Accused Not Present)

At the beginning of the day’s proceedings senior Defense counsel Mr Tajul Islam  expressed his concern and dissatisfaction regarding access and entry of defense counsel at the Tribunal gate.

The court then moved to Muhammad Kamaruzzaman’s case wherein the prosecution witness PW-16, Mr. Azabuddin Miah, was re-examined by the Prosecution. Mr. Miah is the Assistant Librarian of Bangla Academy (Newspaper Branch) and is testifying before the tribunal as to the authenticity of various newspapers collected from the Bangla Academy archive by the Investigation Officer. Continue reading →

3 Feb 2013: ICT-2 Daily Summary: Contempt Proceedings

The Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Home Minister Mohiuddin Khan Alamgir
  2. Contempt Proceedings vs. M.K. Anwar

Home Minister Mohiuddin Khan Alamgir
Before the tribunal proceeded to the day’s listed item, Mr Tajul Islam, a senior Defense counsel, brought comments made by the Home Minister Mohiuddin Khan Alamgir at a program organized by the Bangladesh Mission in Cairo, Egypt to the court’s attention. As reported by three of daily newspapers including Naya Diganta, Amar Desh and the Daily Sangram, the Minister forecasted that the International Crimes Tribunal will deliver its second verdict within this week and the third one in the following week. Upon hearing the counsel’s submission that such comments are derogatory to the public image of the Tribunal and will lead to an adverse inference regarding its fairness, the court asked the Defense to submit a written application before the Tribunal seeking requisite measures for the matter. The court reminded the Defense that the Prosecution had done the same against MK Anwar. Mr Tajul Islam insisted that the Alamgir’s comment injures the Tribunal’s image and hence the Tribunal is best equipped to address the matter suo moto,.

After lunch therefore, the Tribunal pronounced its order requiring the Home Minister to submit an explanation of his comments within 10 days and opined that such comments, if true, coming from a responsible minister are unfortunate and are equivalent to tarnishing the image of the lawfully constituted independent judicial forum. The Tribunal stated that commentary regarding the schedule of verdicts falls within the perimeter of a subjudice matter and no one should make such derogatory remarks.  While passing the aforementioned order, the honorable Chair of the tribunal also cautioned Jamaat leaders from making any comment that might lead them to face similar “show cause” notice.

The Tribunal-2 recently disposed of similar contempt proceedings against another minister, Mr Suranjit Sen Gupta, with a warning and is currently conducting contempt proceedings against a veteran  leader from the opposition party Mr M K Anwar. Sub-judice is a latin term which translates to “under judgment”, meaning that a particular case or matter is under trial or being considered by a judge or court. Commenting on sub-judice matters is considered to be inappropriate in England and Wales and most legal systems with common law origin including Bangladesh.

BNP Leader MK Anwar
Counsel for MK Anwar submitted a prayer for time, stating that he (counsel) was only appointed a day earlier and that he has received instruction from his client to contest the contempt proceedings initiated against him. In order to do so additional time is necessary for preparation. The court, upon stating that the BNP leader could have taken the easier pathway of seeking apology as opposed to contesting the matter, adjourned the matter until 26 February 2013, allowing 3 weeks of time for preparation.