Tag Archives: defense witness

4 Feb 2013: ICT-1 Daily Summary – Chowdhury PW 18, Gholam Azam Cross Examination of DW 1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Salauddin Quader Chowdhury: Prosecution witness 18 direct testimony (Accused Present)
  2. Chief Prosecutor vs Professor Gholam Azam: Prosecution’s cross-examination of defense witness 1 (Accused not Present)

In the Salauddin Qader Chowdhury case, prosecution witness 18, Debabrata Sarkar, began and concluded his testimony before the Tribunal. Thereafter, the state appointed Defence Counsel sought adjournment and Tribunal adjourned the case until February 6. Salauddin Quader Chowdhury also requested that the Tribunal consider an application, to be filed by a family member, for his release on parole to attend the Janaga for his uncle.

After the lunch break, Prosecutor Haider Ali cross-examined defense witness 1, Abdullahil Aman Azmi , in the Gholam Azam case. The Tribunal then adjourned the proceedings until tomorrow, February 05. Continue reading →

3 Feb 2013: ICT-1 Daily Summary – Contempt Proceedings, Witness Testimony in Gholam Azam and Nizami

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings Against the Economist
  2. Chief Prosecutor vs Ghulam Azam – Defense witness 1 testimony (Accused not Present)
  3. Chief Prosecutor vs Motiur Rahman Nizami – Prosecution witness 2 (Accused Present)

On February 3, 2013 Mustafizur Rahman requested 4 weeks of adjournment on behalf of the Economist to reply to the 6 December 2012 Tribunal order in which the former Chairman of ICT-1 issued an order to show cause for contempt in relation to their reporting of alleged Skype and email conversations between the Chairman and foreign legal expert Ahmed Ziauddin. The Tribunal granted Mr. Rahman and the Economist a month and fixed the next date for hearing as 3 March 2013.

Chief Prosecutor vs. Gholam Azam
On February 3, 2013 Defense witness 1, Abdullahil Amaan Azmi, a former Army personnel and the son of accused Gholam Azam provided testimony. He introduced several documents as exhibits. He exhibited photocopies of reports published in the Don newspaper dated from February 12 to October 28, 1971 and photocopies of reports published in the Pakistan Observer dated from April 1 to July 29, 1971.

While Defense was exhibiting the newspapers Prosecution raised an objection regarding the context of the newspaper reports. The Tribunal however declined to consider the objection. The Prosecution then stated that they would file an application regarding their objection. The Defense witness then exhibited photocopies of two photos against the objection of the Prosecution. He also exhibited photocopies of Bangladesher Sadhinota Juddho Dolilpotro (published in June 1984 vol-10); Bangladesh Document 1971 (Part-3); Shanti Committee 1971 (Published in February 2012) a book written by Muntasir Mamun; and Judhoporad, Gonohottha and Bicharer Oneshon (published in May 2001) a book written by Dr M A Hasan. The Defense witness also exhibited a Office Memo No. 164(10)/con Dated May 25, 1971, regarding the appointment of the Razzakars. The Defense witness also exhibited a video clipping of a talk show ‘Shoja Kotha’ aired by Desh TV on May 14, 2012 and a video clipping of a program ‘Ronogoner Dinguli’ aired by BTV on April 20, 2012.

Abdullahil Amaan Azmi testified that the Language Movement started after 1947 and that between 1948 and 1954 Gholam Azam went to prison three times for his leadership in Language Movement. Azmi alleged that by eliminating Gholam Azam’s contribution from the history of Language Movement, the history of language Movement has been distorted. He further alleged that in a similar way over the last 41 years the history of Independence has been distorted and the involvement of Gholam Azam with the Liberation War has been repainted in a negative manner.

Azmi stated that in 1971 Gholam Azam was one of 130 members of the Peace Committee. But Azmi asserted that Gholam Azam was not of official status within the Peace Committee. He alleged that in the last 41 years no action has been brought against any of the official members of Peace Committee including the Chairman, Vice-Chairman, Secretary and Joint Secretary, but nonetheless proceedings have been brought against the unofficial members of the Peace Committee for committing the alleged crimes. He claimed that the prosecution against Gholam Azam was brought only for political reasons and was designed to undermine him.

Thereafter, Prosecutor Haider Ali started to cross-examine Azmi. During the cross-examination he admitted that Moin E U Ahmed was the only Four Star General and that General Mostafizur Rahman was a honorary Four Star General.

The Tribunal then adjourned the case until Monday February 4, 2013

 Chief Prosecutor vs Motiur Rahman Nizami
In the Nizami case the Defense conducted cross-examination of prosecution witness 2, Zohiruddin Jalal alias Bishu Jalal, a former Freedom Fighter. During the cross-examination Zohiruddin Jalal admitted that it is possible to become a member of Muktijudha Songshod (an organization of freedom fighters) at any time. He admitted that he became the member of Muktijudha Songshod in 2005 and he could not remember his membership no. He stated said that former President Ershad first published a list of freedom fighters and then from 1991 to 1996 a voter list of freedom fighter was published. A freedom fighter’s list was also published by the Awami League. Jalal admitted that his name was not on the list of freedom fighters. He said that he applied to include his name in the voter list of Muktijudha Songsod as a member of Central Command Council in 1992. He said that he was the 35th member of Muktijudha Songsod. He admitted that those who are not a member of Muktijudha Songsod do not have a right to include their name in the voter list of Muktijudha Songsod.

Jalal said that he took admission in Westend School in 1970 in the 8th class. He could not continue his education into the 9th class in 1971 due to the Liberation War. He said that he passed SSC with second class in 1972 as a private student of Saleha School. He admitted that he could not remember the name of the subjects he took in SSC examinations. After that he took admission in Jogonnath College.

Jalal stated that during the Liberation War he used to read the Daily Purbo Desh but did not like to read the Shongram. He said that on August 29, 1971 he heard from someone that a report was published in Songram stating that some miscreants (Shongram used to describe freedom fighters as miscreants) were captured with arms and hearing this news he went to the Police Station with his uncle Bahauddin. He admitted that he saw 20 to 25 people there. He admitted that while testifying in Tribunal-2 he mistakenly said that he saw Rumi, Boudi, Jweal, Azhar, Chullu vai, Altaf Mahbub there (in the police station) due to the time gap of 41 years. He admitted that his first interview regarding Liberation War was published in the magazine of Westend School in 1972 or 1973. He admitted that his interviews were published in different newspapers including the Daily Prothom Alo and the Daily Jonokhontho, however, as far his knowledge none of his interviews were not published in Ittefaq, Azad or Purbo Desh. He said that he did not know whether his interview was published in any books or not. He said that he has given interviews to the Investigation Officer Razzak on two occasions. He stated that the commander of Bisshu Bahini was Shojib and he (Jalal) was given the title of Bisshu from Major Khaled Mosharrof, Commander of sector-2. He admitted that Razzakar of the Romna Police Station area was Gurha and that there was no Peace Committee in Savar.

9 Jan 2013: ICT 1 Daily Summary: Gholam Azam Defense Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Professor Gholam Azam: Defense Witness 1 Direct examination

The Defense continued the testimony of Defense Witness #1, Abdullahil Aman Azmi, who began giving his testimony on November 12, 2012. Today he introduced 3 volumes of documents into evidence as exhibits. A few items still remain to be exhibited but were not allowed today due to the objection of the Prosecution that these items are not legible. The Tribunal agreed and the Defence assured the court that the illegible documents would be typed so as to make them readable. The Defense sought adjournment for time to complete the task. Tribunal allowed their prayer and adjourned until Sunday.

Details of Exhibited Items and Defense Witness #1
Today Azmi exhibited photocopies of numerous books including: Secret documents of America, edited by Mizanur Rahman Khan; Not the Whole Truth, written by Shoforraz Hossen Mirza (page 19-25); Bangladesh: Emergence of a Nation, by A M A Muhith (page 235-257); Pakistan crisis in leadership, by Mejor General Fozle Mukim Khan (Retired) (page 92-146); Muktijudher Purbapor Kothapokothon, published by Prothoma Prokashoni (page 37-143); Behath Biplob, by Ahmed Sofa; Blood and Tears, by Kutubuddin Ahmed; Declaration of Independence, Myth and Documents, by Masudul Huq; Pakistan’s failure in National Intrigation, by Rawnak Jahan (page 185-205); Last few days of undivided Pakistan, by G W (page 74-103); Bangladesh O Shaetho-sashon Theke Shadhinota, by Moudud Ahmed (page 168-207); Bangladesh Document; Ekathor ar Judhoporadh abong Judhaporadhi-der Bichar, by Shahriar Kobir (page 63-65); Mujib r Karagar a Powne Sathsho Din, by Advocate Sadh Ahmed.

The witness then exhibited photocopies documents, including: Press Note of the Government of Pakistan, letter written by Sector Commander-1 to Commander in Chief of Bangladesh Force dated 04 December 1971; Dhaka Gazette dated 10 August 1971; Press release dated 07 July 1971, 04 December 1971, 06 December 1971; 08 December 1971 taken from Bangladesh, Liberation War, Mujibnagar Government’s Document 1971; Gazette Notification of 1972; Notification of Peoples Republic of Bangladesh Government dated 18 April 1973; Bangladesh Gazette dated 31 January 1972; ICT Act 1973 Bill, First Amendment of the Constitution; Discussion upon the ICT Act 1973 Bill at the Parliament; Tripartite Agreement between Bangladesh, India and Pakistan; Shimla Treaty taken from Bangladesh Document; and a document taken from http//history.state.gov/countries/Bangladesh.

Azmi then exhibited photocopies reports published in different newspapers including ‘The Guardian’ dated 06 June 1972; Observer dated 01 December 1973; Daily Shongram dated 01 March 2012; reports published in the Daily Inquelab and the Daily Ajker Kagoj in March 1992 ; Editorials of the daily Noya Diganto and Amer Desh dated 01 November 2011; the Daily Inquelab dated 28 August 2000; the Daily Prothom Alo dated 07 December 09; the Daily Amardesh dated 27 April 2011 (on-line publication) and reports published in the Daily Ittefaq in 1992.

The Tribunal allowed the Defense to exhibit two documents over the objection of the Prosecution. Prosecutor Zead-al-Malum raised his objection against the report published in Daily Bangla and related Press release of the Government in 1973 since it was a type-written copy, and against a report published in the Daily Jonokhontho dated 05 August 2000 because he alleged that it was not clear whether it was a report of Jonokontho or not.

In the beginning of the morning session Lead Prosecutor Zead-al-Malum said that while exhibiting the documents the Defence had repeated some documents. Justice Jahangir Hossain stated that given the number of documents being exhibited by the Defense it was understandable that there be some repetitions.

Chairman was not present in the Tribunal since he is on leave. The Members of the Tribunal was reluctant to adjourn the case and was willing to finish the deposition of the DW-1 by Thursday. However, Defence Counsel Mizanul Islam submitted that it would be very difficult for him to exhibit the rest of the documents since they have to type almost a volume so Defence need time and DW-1 will not be able to come on Thursday due to his personal difficulty.

8 January 2013: Daily Sumary Tribunal 1- Golam Azam

The Tribunal heard matters in the following case:

  1. Chief Prosecutor vs Golam Azam – Defence Case-in-Chief

Proceedings focused solely on the Defense’s exhibit of documents that they will rely on for their case:

The defense used the witness to exhibit many books, newspapers and documents, including a photocopy of ‘What happened in 1971 and who were Razakars’; ‘Bangladesh: Unfinished Revolution (Part-2)’; ‘Pakistan Crisis in Leadership’; ‘The Re-trial of East Pakistan’ a book written by General Niazi; ‘The Pakistan Army 1966-71’ written by Mejor General Shawkat Reza (Retired) (Chaper-4,5; page 101-131); ‘Pakistan Crisis in Leadership’ written by Mejor General Fazal Muhim Khan (Retired)(page 115-131; 159-173); ‘Dhaka’s Dibbled’ written by Syed Alamder Raja (page 61-65); ’71: in the eyes of Pakistani’ written by Professor Muntasir Mamun and Mohiuddin Ahmed (page 311-360); ‘Internal Strife and External Intervention’ written by Hasan Azkari Rizvi (page 114-271); ‘The deliberate dib able’ written by Dr Shafder Mahmud (page 55-199); ‘Bangladesh: Victim of Black Propaganda Intrigue and Indian Hegemony’ written by Azammal Hossain (page 32-52); ‘Crisis of East Pakistan’ written by Shoforraz Hossain Mirza (page 59-90); ‘Unprotected Independence is the subordination’ written by Mejor Jalil and edited by Atique Helal; and ‘Detained in an Indian Jail’ written by Muhammad Alamgir (page 11-31).

While Mizanul Islam was exhibiting ‘Documents of the Liberation War in Bangladesh,’ a book written by Hakkani, Prosecutor Zead-al-Malum raised objection alleging that  it is a banned book.

Mizanul Islam exhibited photocopies of two books written by Professor Golam Azam: ‘Aggression of India and Bengali Muslims’; ‘Palashi to Bangladesh’; ‘The Question about the Existence of Independent Bangladesh’.

Mizanul Islam on behalf of Azmi exhibited photocopies of the daily statements about the activity of Razakars in Modoni, Lokhiganj, Chollisha, Rahurhat, Amtola, Jahangirpur in July, 1971. He exhibited the daily statements of Razakars in Netrokona in August and September, 1971.

He exhibited a lot of documents, including the certified copy of a gazette dated 07-09-1971, regarding Razakar Ordinance 1971; Syllabus and Documents on Razakars and their Training and Organizations dated 16-12-1971; a photocopy of a letter written by the Director of Razakars to a Assistant Director of the Razakars; a photocopy of documents about the verification of the Razakars G.S.O-2 dated 08-09-1971 and G.S.O-3 dated 09-09-1971; a list of the armed Razakar dated 22-09-1971; a list of selected Razakar commanders; the Complaint Register No-1 dated July 21, 2010, search list and evidential documents Volume-3,4,5 and 6 from the Investigation Authority, International Criminal Tribunal Bangladesh; Photocopies of the interviews of the Golam Azam published in different medias; Documents of the India-Bangladesh relation (1971-2002) including the speeches of former Prime minister Indira Gandi; Statement of Lokshova dated 27-03-1971; Speech of the Mr Muhammad Ali in the General Assembly of the United Nations  on September 27, 1971 as found in the Bangladesh Document volume-2;  and a whitepaper of the crisis in East Pakistan (page 45-53) as found in Pakistan Horizon, journal volume-xxv no 1, 1972 (page 21).

The Defense then exhibited numberous photocopies newspapers dated from 2008 to 2011 about banning Jamaat-e-Islami, punishment and trial and accused of the war criminals, statements of different Awami-League leaders published in different newspapers, and statements of the current Prime minister about the Razakars as published in Daily Amer Desh dated 22-04-10. While Mizanul Islam was exhibiting different newspapers Prosecutor Zead-al-Malum raised question regarding the relevancy of these documents.

7 January 2013: Tribunal 1 Daily Summary – Golam Azam and Sayedee

The Tribunal heard matters pertaining to the following cases:

  1. Chief Prosecutor vs Golam Azam – Defens e Case-in-Chief 
  2. Chief Prosecutor vs Delwar Hossain Sayedee  – contempt proceedings brought by Defense

Summary
The Tribunal adjourned Golam Azam’s case for today on the grounds that the Defense will file a review application for the review off the Jan. 3rd order rejecting his request for retrial. They claimed that they did not receive a certified copy of the order and could not file the review application until they did.  Mizanul Islam, senior Defence Counsel, assured the Tribunal that the Defense would produce its witness Abdullahil Aman Azmi, Defense Witness #1m on 8 January 2013.

The Defense Counsels of Sayedee informed the Tribunal that they had filed contempt petitions against Masudur Rahman of  ATN News and against BTV. The Tribunal then fixed 9 January 2013 for the hearing of these applications.

Case: Chief Prosecutor vs Gulam Azam
Defence Witness #1,  Abdullahil Aman Azmi, began providing testimony on November 13, 2012 and has not yet completed. The Defense failed to produce him on a couple of occasions and the Tribunal at one point barred the Defense from producing further Defense Witnesses unless the Defense provided a satisfactory explanation for their failure. Today was fixed for argument in the matter.  Senior Defence Counse, Mizanul Islam, assured the Tribunal that the witness will be produced tomorrow and sought adjournment.

Prosecutor Zead-Al-Malum raised an objection to the Defense’s request and said that the Defense had made similar excuses before and still failed to produce their witness. He asked the Tribunal to begin closing arguments or to impose a fine against the Defense.

The Tribunal then passed a written order stating that for the ends of justice the application filed by the Defence would be scheduled for hearing tomorrow on the ground that the Defense will file a review application of the order dated 03-01-2013. The order noted that Mizanul Islam had assured the Tribunal that the Defense would produce its witness on 8 January 2013.

Outside the Courtroom
Chairman A.T.M Fazle Kabir was absent from the Tribunal as he is on leave. Mizanul Islam informed  the Tribunal that today Defense attorneys were not allowed to take their cars inside the Tribunal gate. Justice Jahangir Hossain told him to wait until Chairman A.T.M Fazle Kabir returned to present the matter. Mizanul Islam further stated that the Defense had been told that only two family members of the accused will be allowed to visit the Tribunal. Accused Golam Azam was brought to the Tribunal but did not appear in the courtroom, reportedly because he was feeling sick.

Tribunal adjourned at 11:45am