Tag Archives: crimes against humanity

10 December 2013: ICT-2 Daily Summary – Hartal Coverage of Abdul Quader Molla, Supreme Court Sentence Received and Warrant of Execution Issued; AKM Yusuf, Examination of PW-17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla
  2. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Today the ICT received the case record of Chief Prosecutor vs. Abdul Quader Molla from the Appellate Division of the Supreme Court, along with the Appellate Division’s full Judgment and Order, dated 17 November 2013, in the appeal against conviction (Criminal Appeal Nos. 24-25 of 2013) from Abdul Quader Molla. In its Judgment, the Supreme Court, which is the highest court of appeal, converted the sentence from imprisonment for life, conferred by ICT-2, to “sentence of death.”

The Tribunal also recorded testimony today from PW-17 in the case against AKM Yusuf.

Judgment of the Appellate Division of the Supreme Court of Bangladesh

Following the Judgment and sentencing passed on 5 February 2012 by ICT-2 against Abdul Quader Molla, the State filed Criminal Appeal No. 24 of 2013 seeking enhancement of the sentence from life imprisonment, and appealing against an order of acquittal that had been issued in respect of Charge 4. The Defense filed Criminal Appeal No. 25 of 2013 appealing against conviction of Quader Molla.

The Appellate Division unanimously found in favor of the State’s Appeal, and elected by a 4 to 1 majority to change the sentence from imprisonment for life to death. The Appellate Court further set aside the order of acquittal on Charge 4, instead finding the Accused guilty of the charge, and sentencing him to life imprisonment on that count.

The Appellate Division unanimously dismissed the Defense appeal against conviction on Charge 6, and held by a 4 to 1 majority that the conviction and sentence passed in respect of Charges 1, 2, 3 and 5 should be maintained.

A full copy of the judgment of the Appellate Division of the Supreme Court can be accessed here: Abdul Quader Molla-SC Appellate Division Judgment

Warrant of Execution of Passed

Upon receiving the Appellate Division’s full judgment, ICT-2 instructed the Registrar of the Tribunal to immediately issue a Warrant of Execution on the death sentence. It ordered the Registrar to ensure quick transmission of the Warrant of Execution to the prison authority, directing the Registrar to return the warrant to the Tribunal with an endorsement certifying that the sentence has been executed. The Court also ordered that the Judgment and Order of the Appellate Division be transmitted to the Dhaka District Magistrate and the Secretary of Ministry of Home Affairs for information and necessary compliance with the law.

A copy of the “Warrant of Execution”, issued by ICT-2 can be accessed here: Death warrant of Abdul Quader Molla

Switching cases, ICT-2 moved on to recording the examination-in-chief of PW-17 in the case against AKM Yusuf, after the cross-examination of PW-16 was closed because senior defense counsel was absent, once again. Continue reading

9 December 2013: ICT-2 Daily Summary – Hartal Coverage of AKM Yusuf, PW-15 and PW-16

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Despite the ongoing countrywide blockade, ICT-2 was scheduled to record the cross-examination of PW-15 in the case against AKM Yusuf. As has happened in previous days, junior defense counsel, Mr. Gazi M H Tamim informed the tribunal that the senior counsel, Mr. Syed Mizanur Rahman would not be able to appear in the court because of the blockade. The Tribunal closed the cross-examination of PW-15 after the junior defense counsel confirmed that he could not conduct the cross-examination in the absence of his learned senior counsel.

The Court then recorded the examination-in-chief of PW-16. The cross-examination of this witness has been scheduled to be recorded on 10 December 2013, although junior Defense Counsel did pose one question to the witness today. Continue reading

2 December 2013: ICT-2 Daily Summary – Hartal Coverage of AKM Yusuf, Cross-Examination of PW-13 Closed, Examination-in-Chief of PW-14

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

ICT-2 was scheduled to record the cross-examination of PW-13 in the case against AKM Yusuf. However, junior defense counsel, Mr. Gazi M H Tamim informed the tribunal that the senior counsel, Mr. Syed Mizanur Rahman, could not appear in court due to the hartal. The Tribunal elected to close the cross-examination of the witness, because junior defense counsel confirmed that he would be unable to proceed with the cross-examination in the absence of his senior counsel.

The Tribunal then proceeded to record the examination-in-chief of PW-14. The Court fixed 3 December 2013 for recording the cross-examination of this witness.   The Bench emphasized that, if the Defense chose to continue their absence on hartal and blockade days, the Court would continue in their absence, rather than sit idle. As it had done with PW-12 and PW-13, the Court would simply close the cross-examination of PW-14 and proceed to the next witnesses if Defense chose not to be present to conduct the questioning. Continue reading

Special Report: Chief Prosecutor vs. Gholam Azam Verdict and Legal Findings

This special report provides a detailed overview of the factual and legal findings of the International Crimes Tribunal (ICT) Judgment in Chief Prosecutor vs. Professor Gholam Azam. Gholam Azam was found guilty on all five charges and sentenced to 90 years imprisonment. The Tribunal made a point of noting that he deserved the death penalty, but because of his age and illness, they saw fit to sentence him to life imprisonment instead. Arguments in the case were completed on 17 April 2013 and the verdict was issued on 15 July 2013. It was the second verdict to be issued by Tribunal 1, and the fifth verdict issued by the ICT. Our previous special report on the Gholam Azam case reported in detail on the documentary and testimonial evidence used to support each count within each distinct charge against the Defendant, as well as the general arguments made by both parties. This report focuses on the legal outcomes of the case.

The full report is available here:Special Issue No. 5 – Gholam Azam Case Verdict

9 September 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense conducted the cross-examination of Tohurul Alam Mollah, Prosecution witness 20. Thereafter the Tribunal adjourned the proceedings of the case until tomorrow, 10 September, 2013. Continue reading

8 Sept 2013: ICT-1 Daily Summary – Nizami PW 19 and 20

Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami the Defense conducted the cross-examination of Abu Sama Fakir, Prosecution witness 19, who testified in support of charge 4. The Tribunal then recorded the testimony of Tohurul Alam Mollah, Prosecution witness 20, who testified in support of charge 5. The Tribunal then adjourned the proceedings of the case until tomorrow, 9 September 2013.

In the case of ATM Azharul Islam today was scheduled for the Defense’s submissions on the framing of charges. However, the Tribunal adjourned the proceedings of the case until 18 September 2013. Continue reading

1 September 2013: ICT-2 Daily Summary – Alim DW 2, Khan& Mueen Uddin PW 20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Ashrafuzzaman Khan &Chowdhury Mueen Uddin

In the Abdul Alim case, Tribunal 2 recorded the examination-in-chief and cross-examination of Defense witness 2. Additionally, in the case of Ashrafuzzaman Khan and Chowdhury Mueen Uddin, who are jointly being tried in absentia, the Tribunal recorded the testimony of Prosecution witness 20. The witness’ testimony supports Charge 7, concerning the abduction and killing of Professor Mofazzal Haider Chowdhury.  The testimony also refers to the killing of Professor A.M. Munir Chowdhury, contained within Charge 8. Continue reading