Tag Archives: crimes against humanity

7 April 2013: ICT-1 Daily Summary, Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Defense Closing Arguments

Today the Defense continued their Closing Arguments, addressing Charge 3 for incitement and Charge 4 for complicity.

After the lunch break Senior Defense Counsel Abdur Razzak requested an additional working day in order to complete the Defense’s summing up. By mentioning “working day,” the Defense implied a non-hartal day. This week hartals have been called for Monday through Thursday.  The Defense does not attend the Tribunal during hartal days.

Charge 3:
Incitement to Commit Genocide
The Defense addressed each count of incitement contained within Charge 3. First, the Defense argued that none of Gholam Azam’s statements were designed to instigate or prompt others to attack or destroy members of any national, religious, ethnic or racial group. Considering the context of censorship surrounding news reports, the testimony of both Prosecution and Defense witnesses and submitted Exhibits, it is clear that none of  Gholam Azam’s statements, when interpreted according to their plain and ordinary meaning, were directed against members of the Hindu community, the Bengali civilian population or supporters of the Awami League. Secondly, the Defense argued that the Charge Framing Order does not adequately specify how Gholam Azam prompted, provoked or instigated criminal action, nor has the Prosecution brought any evidence on record to show that an identified perpetrator was so instigated, prompted or provoked. Thirdly, the Prosecution has made no attempt to establish that Gholam Azam had the required intention to destroy Hindus, members of the Awami League or the Bengali civilian population. Similarly, the Prosecution failed to prove that through his statements Gholam Azam intended to create genocidal intent amongst members his audience. Therefore the Defense stated that the Prosecution did not prove essential elements of the alleged crime.

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4 April 2013: ICT-2 Daily Summary – Kamaruzzaman Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Kamaruzzaman: Defense Closing Arguments

The day’s proceeding began with a Defense application for permission to meet with the Accused at the Kashimpur Jail. The Tribunal granted the application and allocated two hours (10:30 a.m. to 12:30 a.m.) on Sunday 7 April 2013 as the tentative date for two members of the Defense counsel to meet with Kamaruzzaman.

Following the defense application, senior Defense counsel for Kamaruzzaman, Abdur Razzaq, continued with the Closing Arguments on the legal issues pertaining to the charge of complicity in the commission of Crimes Against Humanity. The Defense also discussed the evidentiary aspects of Charge 3, which alleges Kamaruzzaman’s involvement the massacre and rape committed at Shohagpur. Razzaq also submitted arguments relating to Charge 2, which alleges the inhuman treatment of pro-liberation intellectual Syed Abdul Hannan. The Defense identified and outlined the substantial contradictions between the testimonies of the relevant witnesses and between their testimony and prior statements to the Investigating Officer.

Complicity in Commission of Crimes Against Humanity
The counsel cited the ICTY Trial Chamber case of Tadic (more specifically paragraph 688 and 689 of the judgment) to claim that the crime of complicity requires intent, defined as awareness of the act coupled with a conscious decision to participate by planning, instigating, ordering, committing, or otherwise aiding and abetting in the commission of a crime. Therefore the Prosecution must prove that the Accused participated in a way that contributed to the commission of the illegal act. The counsel further referred to the I.L.C. Draft Code’s legal findings in the Nuremberg cases whereby it concluded that an Accused may be found culpable if it is proved that he “intentionally commits such a crime” or, if he “knowingly aids, abets or otherwise assists, directly and substantially, in the commission of such a crime.”

The Defense argued no evidence has been given to show that Kamaruzzaman knowingly acted in a way that substantially and directly contributed to the commission of a crime. The Prosecution has failed to prove that Kamaruzzaman had the requisite intent of awareness or knowledge that crimes would be committed or were planned. Nothing has been presented to prove beyond a reasonable doubt that he assisted, instigated, facilitated, or aided and abetted the commission of the alleged offences. Continue reading →

28 Feb 2013: Sayedee Convicted of 8 out of 20 Charges, Sentenced to Death

Sayedee Verdict
Today Tribunal 1 issued the third verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Delwar Hossain Sayedee who was tried for 20 Charges [See here for the Charge Framing Order]. Sayedee was found guilty on 8 Charges, specifically Charges 6,7,8,10,11,14,16 and 19. He was acquitted of Charges 1,2,3,4,5,9,12,13,15,17 and 18. Charge 20 was dropped previously by the Prosecution.

The Tribunal sentenced Sayedee to death based on his conviction on Charges 8 and 10. Under Charge 8 he was found guilty of directly participating in abduction, murder and persecution as Crimes against Humanity in conjunction with the 8 May 1971 attack on houses of Chitholia, arson attack on the Hindu community at Parerhat Bandar, and instigation of the torture and murder of a civilian, Ibrahim. Under Charge 10 Sayedee was found guilty of direct participation in persecution and murder as Crimes against humanity in conjunction with the 2 June 1971 arson attack on the Hindu Para of Umedpur and ordering the killing of an individual, Bisabali.

We have not yet obtained copies of the summary or full judgment, but will make them available as soon as we receive them.

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27 Jan 2013: ICT 1 Daily Summary – Sayedee Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mir Qasem Ali: Application for Medical Transport of Accused (Accused Not Present)
  2. Chief Prosecutor vs. Delwar Hossain Sayedee: Resubmission of Defense Closing Arguments (Accused Present)

Defense Counsel for Mir Qasem Ali filed an application requesting health specialized transport to and from the Tribunal for their client.

Abdur Razzaq, Senior Defense Counsel for Delwar Hossain Sayedee, continued submitting closing arguments on legal points for the 2nd consecutive day. He addressed issues of delay in prosecution, malafide intention of the prosecution, and the elements of the crimes as defined under International Customary Law. 

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