Tag Archives: cross-examination

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 →

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 →

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 →

29 August 2013: ICT-1 Daily Summary – Qasem Ali Pre-Trial, Azharul Islam Pre-Trial, Nizami PW 18

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against Mir Qasem Ali
  2. Pre-trial Proceedings against Azharul Islam
  3. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Mir Qasem Ali the Tribunal was scheduled to issue its order on the Charge Framing of the case. However, the Defense previously requested additional time so that senior Defense counsel Abdur Razzak could attend. The Defense previously submitted a petition requesting that the order be scheduled for after 8 September so that senior Defense counsel Abdur Razzaq could be present to argue for the discharge of the case. The Prosecution opposed the application saying that law does not permit such a long adjournment. The Tribunal then passed an order scheduling its Charge Framing Order for 5 September 2013. In the meantime they stated that if Defense counsel Abdur Razzaq wished to appear before the Tribunal it would allow him to submit arguments in favor of discharging the case.

In the case of ATM Azharul Islam the Prosecution began their arguments on the framing of charges. The Prosecution read out the historical background of the case, claiming that in 1971 ATM Azharul Islam was a student of HSC at Karmicle College, the Rangpur unit President of Islami Chhatra Shangho, and the Al-Badr Commander of Rangpur district unit. The Prosecution has proposed 6 charges against ATM Azharul. After hearing these opening arguments the Tribunal adjourned the proceedings of the case until 3 September as the Defense submitted an application for adjournment at the beginning of today’s session.

In the case of Motiur Rahman Nizami the Tribunal recorded the testimony of Prosecution witness 18, Zahurul Haque. They then adjourned the proceedings of the case until 1 September 2013.  Continue reading →