Tag Archives: cross-examination

2 July 2013: ICT-2 Daily Summary – Alim PW 30 and 31

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

The prosecution in Alim’s case called Md Mobarak Hossain, the Chief Librarian of Bangla Academcy, and Md Azabuddin Miah, the Assistant Librarian, to give testimony as Prosecution witnesses 30 and 31 respectively. The testimony of both witnesses was formal and brief and used to verify documents submitted into evidence by the Prosecution. The Defense conducted a very brief cross-examination of the witnesses as well. The Tribunal scheduled the hearing of Prosecution witness 32 for 3 July 2013.

Prosecution witness 30: Chief Librarian of Bangla Academy
The Prosecution asked the Md Mobarak Hossain about the documentary evidence he provided to the Investigation Officer. The witness stated that Mr Altafur Rahman, the Investigation Officer for the case, visited the ‘Journal Section’ of Bangla Academy to collect various reports of daily newspaper issues from the 1971-1972 periods. He seized newspapers including the Daily Ittefaq, Daily Sangram, Doinik Bangla, Daily Pakistan, Doinik Purbadesh, and the Daily Azad. The witness stated that the Investigation Officer collected made photocopies of the original, leaving the original with the Bangla Academy.

Cross-examination
On cross-examination the Defense asked the witness who is in charge of the Journal Section of Bangla Academy. In reply, the witness stated that there is no separate officer for the journal section and that the entire library including the journal section is under the supervision of the Chief Librarian. The Defense then drew the witness’ attention  to the exhibited seizure list submitted by the Prosecution. They noted that the  the list does not bear the witness’ name or signature. The witness stated that the materials had been seized from Bangla Academy and not from his personal custody and therefore his name required to appear on the seizure list.  The Defense then questioned the authenticity of the collected reports. The witness finally stated that he has no personal knowledge about the contents of the documents exhibited.

Prosecution witness 31: Assistant Librarian of Bangla Academy
Md Azabuddin Miah testified that he is a subordinate officer under Prosecution witness 30, working as the Assistant Librarian at the Bangla Academy. He testified that he was present when Prosecution witness 30 gave the exhibited newspapers to the Investigation Officer and affirmed the statements of Md Mobarak Hossain. No new statement was made. The Defense declined to cross-examine the witness.

12 June 2013: ICT- 2 Daily Summary – Abdul Alim PW 23

Today the Tribunal heard matters in the following cases:

 Chief Prosecutor vs. Abdul Alim

The Defense conducted the cross-examination of Prosecution witness 23. The Prosecution conducted the examination-in-chief on 9 June 2013.

Cross Examination of PW 23
Mr Mohammmad Abdul Hye, the brother of victim Fazlu, testified as Prosecution witness 23, providing circumstantial evidence. The Defense asked the witness various questions about his family, education and background. The witness stated that his date of birth is listed on his Secondary School Certificate as 6 October 1950 and that he regularly reads newspapers. He stated that two of his other brothers are living: Abdur Razzak Mondon and Aini Iliyas. He stated that Aini Iliyas is a journalist who used to work for the English daily newspaper, the Bangladesh Observer. He stated that his mother died two years ago.

 The Defense asked the witness about the formation and conduct of the Central Peace Committee. He stated that he does not remember when Central Peace Committee was formed but that it was probably in the beginning of April of 1971. In 1971, he stated that the Convention Muslim League, Council Muslim League, Karijum Muslim League were the existing religious political parties. He did not remember precisely who the head of Convention Muslim League was, but stated that it was probably Fazlul Qadir Chowdhury. He said that Khwaza Khoyer Uddin was part of the Muslim League but he did not remember which specific group he belonged to.  Continue reading →

11 June 2013: ICT-1 Daily Summary, Chowdhury Cross-Examination PW 41

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the Salauddin Qader Chowdhury case, the Defense continued the cross-examination of Md Nurul Islam, the Investigation Officer and Prosecution witness 41. Defense counsel Fakhrul Islam filed an application to declare the paper cuttings exhibited by the Prosecution as inadmissible alleging that these paper cuttings have been tampered with and are not authentic. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 12 June, 2013.

The Tribunal was scheduled to hear matters in the case against Mobarak Hossain. However, the Tribunal adjourned the proceedings of that case until Sunday, 16 June 2013.

Cross-Examination of Investigation Officer, PW 41
The Defense continued its cross-examination of the Investigation Officer. They asked whether he collected any documents such as the death certificate from the Union Council regarding the death of the victims of this case. Witness replied that he had submitted paper cuttings, the Register of the Case, First Information Report and witness statements as proof of these deaths. The Defense asked the Investigation Officer about different persons who the Prosecution has alleged were present at the time of the alleged incidents. The Defense asked whether the Investigation Officer interviewed these individuals. Regarding Charge 8, the Defense asked the Investigation Officer whether he interviewed Momtaz Khanom, Abu Naser Chowdhury Prokash Dulal and Sheikh Fazlul Haque during the investigation. He replied that he did not interview any of them.

The Defense drew the Investigation Officer’s attention to contradictions between the the witness statements recorded by him and the testimony of those witnesses before the Tribunal. They specifically asked about contradictions in the statements of Prosecution witnesses 1 – 6.

10 June 2013: ICT-1 Daily Summary – Hartal Coverage, Chowdhury Cross-Examination of PW 41

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor v.s Salauddin Qader Chowdhury

Due to a nation-wide hartal our researchers were unable to attend proceedings today. Our coverage is gathered from media sources and from discussions with the Defense and Prosecution. 

In the Salauddin Qader Chowdhury case, the Defense continued their cross-examination of Md Nurul Islam, the Investigation Officer, Prosecution witness 41. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 11 June, 2013.

Cross-Examination of Investigation Officer, PW 41
The Defense asked the witness about Exhibit-32/3, a certified photocopy of the General  Register of a prior case filed regarding the incidents also alleged in this case.  The Defense claimed that charge sheet of that case did not contain the name of Fazlul Qader Chowdhury or Salauddin Qader Chowdhury. The Defense also asked the witness about Exhibit- 32/4 a case filed by Anil Boron Dor (PW-22). The Defense claimed that the witness did not investigate other persons accused in that case, though they were alleged to be responsible for the same incidents. Continue reading →

9 June 2013: ICT-1 Daily Summary – Chowdhury PW 41, Hossain PW 4

Today the Tribunal heard matters in the following cases:

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

In the Salauddin Qader Chowdhury case, the Defense continued to conduct the cross-examination of the Investigation Officer, Md Nurul Islam, Prosecution witness 41. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 10 June, 2013. In the Mobarak Hossain case, the Tribunal heard the examination-in-chief of Khadem Hossain Khan, Prosecution witness 4. Thereafter, the Tribunal adjourned the proceedings of the case until 11 June, 2013.  Continue reading →