Tag Archives: court access

24 March 2013: ICT-2 Daily Summary – Kamaruzzaman DW 5, Prosecution Closing Arguments

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman

The day’s proceedings started later than usual because the Defense witness scheduled to testify in Kamaruzzaman’s case was not initially allowed to enter the tribunal premises in a car. The Defense Counsel accompanying him was adamant that the witness would not get out to walk because of the prior incident in which a Defense witness was allegedly abducted outside the Tribunal. After the situation was resolved the Tribunal heard Defense witness 5 provide direct testimony and allowed the Prosecution to conduct their cross-examination.

After the witness’ testimony was concluded the Chief Prosecutor began their Closing Arguments in the case.

Chief Prosecutor vs. Kamaruzzaman
Testimony of Defense Witness 5
Mr Abdur Rahim, Defense witness 5, testified before the Tribunal. During his direct examination, the witness testified that he is the son of Late Didar Ali and is a permanent resident, living in Mymensingh District. He is an elderly businessman of the locality. He claimed to have been a freedom fighter during the Liberation War and the General Secretary of Shecchashebok Bahini  (Volunteer Forces) formed after the Liberation War. Mr. Rahim testified that he never heard Kamaruzzaman’s name referenced in connection to the Al-Badr or Rajakar forces in Mymensingh District.

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Weekly Digest: Issue 4 – February 10-14, 2013

This week’s digest details the ongoing progress of the Gholam Azam, Nizami, and Chowdhury cases in Tribunal 1. The Tribunal also heard matters regarding the ongoing investigations against Abdus Shobhan and Mubarak Hossain. In the Gholam Azam case the Prosecution completed its cross-examination of Defense witness 1 and the Tribunal scheduled February 17th for Closing Arguments, despite requests from the Defense for more time to produce additional witnesses. In the Chowdhury case the cross-examination of Prosecution witness 17 took place in-camera, and direct and cross-examination of Prosecution witnesses 19 and 20 was completed. The Nizami case experienced delays, as Defense counsel were unable to reach the Tribunal due to ongoing violence in the Palton neighborhood of Dhaka (where their offices are located).

Tribunal 2 heard the cross-examination of the Investigating Officer in the Kamaruzzaman case, who appeared in Court as Prosecution witness 18. In the  Mujahid case The Defense also cross-examined Prosecution witness 1. In the Abdul Alim the Defense cross-examined prosecution witness 10. The Tribunal additionally granted additional time to Home Minister Mohiuddin Khan Alamgir to respond to contempt proceedings against him.

Read the full report here: Weekly Digest, Issue 4 – Feb 10-14

13 Feb 2013: ICT-1 Daily Summary – Gholam Azam Failure to Produce DW 2, Nizami Absence of Defense Counsel

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Gholam Azam – examination of defense witness 2 (Accused not Present)
  2. Chief Prosecutor vs Motiur Rahman Nizami – inability of defense to attend due to violence (Accused Not Present)

The Tribunal was scheduled to hear the examination of Defense witness 2 in the Gholam Azam case. However, the Defense was unable to produce the witness and claimed that the witness had a fever and another witness had been detained in a separate case. The Defense requested adjournment.

The Tribunal was also scheduled to hear matters in the Nizami case. However, due to ongoing violence in Dhaka, senior Defense counsel Mizanul Islam was unable to reach the Tribunal. The Defense requested adjournment for the day.

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13 Feb 2013: ICT-2 Daily Summary – Alim cross-examination of PW 10, Kamaruzzaman Applications

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim: Cross-examination of Prosecution Witness (Accused Present)
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman: Hearing of applications  (Accused Present)

The court started the day’s proceedings with Mr Abdul Alim’s case wherein the prosecution witness PW-10, Mr Abu Sayeed Joarder was cross-examined by the Defense counsel Ahsanul Huq Hena. He previously testified in support of Charge-11 – murder as a crime against humanity in relation to allegedly directing an attack on the civilian population. The Defense counsel’s line of questioning aimed to undermine the reliability and credibility of the witness’s testimony.

The court then moved to the case against Muhammad Kamaruzzaman and heard two separate applications regarding access to documents. Thereafter the proceedings were adjourned due to the Defense counsel’s inability to reach the Tribunal because of ongoing violence in Dhaka.

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11 Feb 2013: ICT-1 Daily Summary – Gholam Azam Cross-Examination of DW 1 Completed

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Abdus Sobhan: Motion regarding harassment of Defense counsel (Not Present)
  2. Chief Prosecutor vs Ghulam Azam: Prosecution cross-examination of DW 1 (Accused Not Present)
  3. Chief Prosecutor vs Motiur Rahman Nizami – Adjourned until Feb 13.

At the beginning of the court session Tajul Islam informed the Tribunal that the clerk of Abdur Razzaq and Defense counsel for Abdus Sobhan were not allowed to enter into the Tribunal. The Tribunal then heard an application filed by Senior Defense counsel Abdur Razzaq requesting that Motiur Rahman Akond, defense counsel for Abdus Sobhan, cease to be subjected to harassment. He submitted that there was an order from the Court against harassment of the Defense team, even if the court had declined to pass an order regarding the warrantless search conducted by police at the Defense chambers, located at City Heart. Abdur Razzaq requested that the Tribunal pass an order.

Prosecutor Simon submitted that Tribunal should not pass an order regarding a matter which is not covered by the ICT Act 1973. He further said that the application should be rejected.

Prosecutor Haider Ali concluded cross-examining Abdullahil Aman Azmi (DW-1) of the Gholam Azam case and the Tribunal adjourned the proceedings until February 13.

The hearing of Nizami’s case was also adjourned until February 13, 2013.  Continue reading →