Tag Archives: crimes against humanity

29 May 2013: ICT-1 Daily Summary – Hartal Coverage, Chowdhury Applications and PW 41

 Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

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

In the Salauddin Qader Chowdhury case the Tribunal issued its order on the three applications filed by the Prosecution and the two applications filed by the Defense on 28 May 2013. Today the Tribunal passed an order accepting four of the proposed eight out-of-court Prosecution witness statements submitted by the Prosecution under Section 19(2) of the ICT Act 1973. Among these four witnesses three are dead and one has been determined to have left for India. The Tribunal rejected the Prosecution’s petition to submit additional documents. They accepted the petition to correct the mistake made in the Charge Framing Order. The Tribunal rejected both the Defense’s applications.

Today the Tribunal heard the examination-in-chief of the Prosecution witness 41, the Investigation Officer Md Nurul Islam. Thereafter, the Defense sought additional time for preparation. The Tribunal adjourned the case until Monday, 3 June 2013.

28 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Contempt Proceedings vs. PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid –  Defense Closing Arguments
  2. Contempt Proceedings Against Jahir Uddin Jalal, Prosecution Witness 2

The Defense in the Mujahid case addressed Charge-7, covering its evidentiary aspects before making overall closing statements regarding the investigation process and the case in general. The Closing Arguments were primarily led by Defense counsel Munshi Ahsan Kabir who had been released from the hospital following an alleged assault on him by Jahir Uddin Jalal, Prosecution witness 2.

After lunch, the Tribunal took up the issue of the alleged assault and heard the Defense’s application for contempt proceedings to be brought against the witness Jalal. After hearing the application the court ordered of contempt proceeding against the witness to begin 5 June 2013. They issued a notice that Jalal must submit his written explanation by that date. Continue reading →

27 May 2013: ICT-1 Daily Summary – Nizami PW 9, Mubarak Hossain PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mubarak Hossain

In the case against Motiur Rahman Nizami , Defense counsel Mizanul Islam conducted cross-examination of Prosecution witness 9, Aynul Haque, who testified in support of Charge 2. Thereafter, the Tribunal adjourned the proceedings of the case until 2 June 2013.

In the case against Mubarak Hossain case, the Tribunal heard the examination-in-chief of Prosecution witness 2, Khodaza Begum. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow 28 May 2013. Continue reading →

Special Report Issue 2: Detailed Summary of Kamaruzzaman Case and Verdict

We are pleased to release our second Special Issue Report on the Verdict in the Kamaruzzaman case. For a full pdf of the report please read here: Special Issue No. 2 – Kamaruzzaman Verdict

This special report provides a detailed summary of the International Crimes Tribunal’s fourth verdict, the Judgment in Chief Prosecutor vs. Md. Kamaruzzaman. The verdict was issued on 9 May 2013 and was the third verdict to be issued by Tribunal 2. We have attempted to distill the major conclusions expressed by the Tribunal into a digestible format. We have reported on the documentary and witness evidence used to support each distinct charge, general arguments made by both parties, and the conclusions reached by the Tribunal. For the sake of length we have focused this report on the factual and charge specific findings within the Judgment. We will be publishing a supplementary report regarding the legal conclusions made in the Judgment that have particular bearing on the ongoing proceedings. This report does not critically analyze the legal merits of the Judgment. It is presented simply in order to facilitate broader access to and understanding of the ICT’s proceedings and conclusions.

Kamaruzzaman was found guilty on 5 of 7 Charges, specifically Charges 1, 2, 3, 4, and 7. He was acquitted of Charges 5 and 6. All of the Charges alleged direct commission of Crimes Against Humanity or, in the alternative, complicity in Crimes Against Humanity. The Prosecution additionally argued that Kamaruzzaman could be found liable under the doctrine of Command Responsibility under Section 4(2). However, he was convicted solely of complicity in Crimes Against Humanity under Section 4(1) of the Act.  On the basis of Charges 3 and 4 he was sentenced to death. The Tribunal noted that charges 1 and 7 merited a life sentence, while Kamaruzzaman was sentenced to ten years imprisonment under charge 2. All lesser sentences were merged into the death sentence.

Please read the entire report here: Special Issue No. 2 – Kamaruzzaman Verdict

26 May 2013: ICT-1 Daily Summary – Mir Qasem Ali Cognizance of Charges, Nizami PW 9, CHowdhury, PW 41,

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The following summary has been compiled from media sources and conversations with the Defense and the Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mir Qasem Ali
  2. Chief Prosecutor vs Motiur Rahman Nizami
  3. Chief Prosecutor vs Salauddin Qader Chowdhury  

On 26 May 2013, the Tribunal took Cognizance of the charges against Mir Qasem Ali and fixed June 27 for hearing arguments for and against framing the order.

In the Nizami case, the Tribunal heard the examination-in-chief of Prosecution witness 9, Aynul Haque. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 27 May 2013.

In the Chowdhury case, the Tribunal heard the examination-in-chief of Prosecution witness 41, Investigation Officer Md Nurul Islam. The Tribunal then adjourned the proceedings of the case until 28 May 2013.

Chief Prosecutor vs Motiur Rahman Nizami
Md Aynul Haque, Prosecution witness 9, testified in support of charge no 2. The charge alleges that Nizami conspired to commit crimes under section 3(2)(g) of the Act, resulting in murders, rapes and deportation of victims as Crimes Against Humanity. He is  charged under section 3(2)(a) and 3(2)(g) read with Section 4(1), providing for accomplice liability and section 4(2), providing for command responsibility.  Continue reading →