Tag Archives: cross-examination

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-1 Daily Summary – Chowdhury Applications, Mubarak Hossain PW 2

28 May 2013: ICT-1 Daily Summary – Chowdhury Applications, Mubarak Hossain PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mubarak Hossain

In the Salauddin Qader Chowdhury case, the Tribunal heard three applications filed by Prosecution. The first one was for the acceptance of eight out-of-court Prosecution witness statements that were recorded by the Investigation Officer as evidence under section 19(2) of the ICT Act. The second application was a request for the admission of some additional documents under section 9(4) of the ICT Act . The third application requested correction of a clerical mistake in the Charge Framing Order. The Tribunal also heard two Defense applications. The first one requested the recall Order 17, which was passed on 13 March 2012. The second application requested that two Prosecution witnesses be recalled. recalling two Prosecution witnesses. Salauddin Qader Chowdhur was absent in the Tribunal when Tribunal heard the applications due to illness. He came to the Tribunal after the lunch break and stayed a few of minutes. The Tribunal adjourned the proceedings of the case for the day in consideration of his illness.

In the Mubarak Hossain case, Defense Counsel Ahsanul Huq Hena conducted the cross-examination of Prosecution witness 2, Khodaza Begum. Thereafter, Tribunal adjourned the proceedings of the case until 2 June, 2013 Continue reading →

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 →

22 May 2013: ICT-2 Daily Summary – Mujahid Closing Arguments, Alim PW 21, Pre-trial issues and contempt

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Against Selim Uddin
  2. Syed Md Qaisar: Bail Application
  3. Chief Prosecutor vs. Md Ashruzzaman Khan and  Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid – Defense Closing Arguments
  5. Chief Prosecutor vs. Abdul Alim – Cross-Examination of PW 21

The Tribunal deferred the contempt proceedings against Selim Uddin until 28 May 2013 for further order. It then moved on to hear the bail application filed on behalf of Syed Md Qaisar who is currently under investigation for war crimes and related offences that may have been committed during the 1971 War of Liberation. Mr Qaisar, a former BNP leader and a subsequent policy maker of President HM Ershad’s cabinet was arrested on a warrant issued by Tribunal-2 on 15 May 2013. Upon hearing the bail application, the court took a brief recess of twenty minutes before finally rejecting the application. Mr Qaisar was then sent to jail.

The Prosecution team in the cases against Md Ashrafuzaman Khan alias Nayeb Ali and Moinuddin notified the Tribunal that they had followed its order and published a notification in two widely circulated national dailies asking the two defendants to appear before the Tribunal. The notice was published on 14 May 2013 in the Daily Janakantha and on 15 May in the Daily Star. The notification announced that failure to appear within 10 days of such publication would result in the court ordering trials-in-absentia, as was done in the case of Abul Kalam Azad. The Tribunal stated that they would hear the case next on  27 May 2013.

In the case of Mujahid the Defense began their Closing Arguments. They began with arguments regarding the evidentiary aspects of the case and stated that senior Defense counsel Abdur Razzak will be later address the relevant legal arguments.

Finally, the Defense counsel for Abdul Alim conducted the cross-examination of Prosecution witness 21. They primarily attacked the credibility of the witness and accused him of providing false testimony. The Defense further suggested that the witness provide the same testimony to the Investigation Officer during his original interview.  Continue reading →

22 May 2013: ICT-1 Daily Summary – Mubarak Hossain PW 1 Cross-Examination

22 May 2013: ICT-1 Daily Summary – Mubarak PW 1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mobarak Hossain,  Accused Present

In the Mobarak Hossain case the Defense Counsel Ahsanul Huq Hena continued the cross-examination of Darul Islam, Prosecution witness- 1, who had testified in support of Charges 1, 2 and 3. Thereafter, the Tribunal adjourned the proceedings until 27 May 2013.

Cross-Examiantion
The Defense asked the witness whether he had any documentary evidence to show that he came to East Pakistan from West Pakistan on leave. Witness answered that at this moment he does not have such documents. The Defense claimed that a member of  the West Pakistani Army who was on leave would not receive his salary from East Pakistan. The Defense asked whether he had any documentary evidence to show that he had actually drawn his salary from East Pakistan. He replied that he did not. The Defense claimed that actually the witness did not actually come to East Pakistan on leave and did not draw his salary from here. The Witness claimed that in 1971 Mejor Sekendar was the area commander of Akhaura, Paharpur and Fakirmura while Defense claimed that Brigadier Sadullah of 23 Beluch regiment was the area commander. The Defense further stated that Sadullah’s serial number was 23 among the 195 Army personal who were detained in 1971. The witness answered that he is unaware of this. The Defense claimed that in 1971 Mejor Abdullah Khan, Mejor Sadek Newaz and Captain Jabed Iqbal worked in Akhaura, Paharpur and Fakirmura. The witness denied those assertions. The Defense claimed that in Brahmanbaria there were 4 units of army and Lieutenant colonel Khijir Hayat, Brigadier Sadullah and Lieutenant colonel Jaedi were the commanding officer of those units. The witness said he did not know about their command. Continue reading →