Tag Archives: Delay

11 April 2013: ICT-2 Daily Summary – Kamaruzzaman Adjournment

Due to an ongoing nation-wide hartal our researchers were unable to attend proceedings today. The following brief summary is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammed Kamaruzzaman

Today the Tribunal adjourned the Kamaruzzaman case for the fourth consecutive day due to the absence of the senior Defense counsel. The Defense stated that the senior counsel were unable to attend due to personal difficulties resulting from the hartal.  The Chairman of the Tribunal reiterated that the Defense has been granted the right to use law enforcement if necessary on Hartal days. The judges stated that absence amounts to obstruction of the judicial process. Furthermore, the Tribunal noted that given the present political situation, hartals are becoming more frequent. Therefore the Tribunal cannot continue to adjourn proceedings and would close the Defense’s case if they fail to attend on upcoming hartal days. 

11 April 2013: ICT-1 Daily Summary – Mubarak Hossain Investigation, Gholam Azam Adjournment

Due to an ongoing nation-wide  hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Investigation of Mubarak Hossain
  2. Chief Prosecutor vs. Gholam Azam

Today Ahsanul Huq Hena, senior Defence counsel for Mubarak Hossain, submitted the Defense’s request for the discharge of his client from the case. The Defense also requsted bail. Prosecutor Zahed Imam opposed the bail prayer. After hearing both sides the Tribunal scheduled 23 April for the passing of its order.

In the Gholam Azam case the Defense requested an adjournment until Monday, 15 April, because senior Defence counsel Abdur Razzaq was unable to attend due to “personal difficulty.” Prosecutor Sultan Mahmud Simon opposed the prayer. The Tribunal passed an order scheduling 15 April for the Defense’s Closing Arguments. The order stated that further requests for time extensions would not be allowed under any circumstances.

10 April 2013: ICT-2 Daily Summary – Alim Examination-in-Chief of Prosecution Witness 15, Kamaruzzaman Adjournment

Due to a nation-wide hartal our researchers were unable to attend proceedings today. The following summary is 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. Abdul Alim
  2. Chief Prosecutor vs. Muhammed Kamaruzzaman

Examination in Chief of Alim Prosecution Witness 15
In the Alim case the Prosecution called Prosecution witness 15, Mozammel Hossain. The witness is allegedly the survivor of an assault mission in Jaipurhat. The witness testified that at least 22 Awami League supporters were killed during the and assault conducted by the Pakistani Army during the 1971 Liberation War. Hossain stated that the Pakistani Army acted based on a list of targets provided by the Accused, Abdul Alim, who happened to be a veteran Muslim League leader and Peace Committee member at that time.  The witness claimed that the alleged list contained his name. He said that the attack was directed against local Awami League supporters at the time. Hossain alleged that such supporters were first taken from their village mosque to the nearby village of Birala where they were lined up. People whose names did not appear on the list were released while the rest were taken to Chakpahananda village. There they were tortured and killed. The witness was one of the survivors.  While describing the atrocities the witness showed the court scars from his injuries.

Kamaruzzaman Adjournment due to Absence of Defense During Hartal
Kamaruzzaman’s case was also listed in the daily cause list. Mr Abdur Razzaq, the senior Defense counsel for the accused was again absent due to the ongoing hartal. A junior counsel appearing on behalf of the Accused informed the Tribunal that the senior counsel is unable to attend proceedings on hartal days.  The case was therefore adjourned.

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

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The following summary is 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. Muhammed Kamaruzzaman

Tribunal 2 adjourned for the day after expressing its displeasure at the  absence of the senior Defense counsel for Kamaruzzaman, and the general pattern of absence during hartals.  The Chairman of the Tribunal noted that some Defense counsel in other cases are now using security services provided by the law enforcement agencies in order to reach the Tribunal on hartal days. The Tribunal stated that the counsel for  Kamaruzzaman should do the same. The judges stated that this absence is a disservice to the Accused. Furthermore the Tribunal said that given the political situation, they would consider applying Section-13 of the International Crimes (Tribunals ) Act 1973 in deciding whether to allow further adjournments. The judges instructed the junior Defense counsel to communicate these messages to his seniors. Additionally, the Tribunal stressed that it would close the Defense’s  Closing Arguments if the Defense continued to be absent on hartal days.

21 March 2013: ICT-2 Daily Summary – Contempt Proceedings against Jamaat Leaders, Adjournment for Kamaruzzaman

21 March 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Selim Uddin and Other Jamaat Leaders
  2. Chief Prosecutor vs. Muhammad Kamaruzzaman

Prosecutor Mohammad Ali started the day’s submission expressing his deep sadness at the death of President Zillur Rahman, the Honorable President of Bangladesh. Stating that the country mourns at his departure, the prosecutor proposed that the court observes two minutes of silence in his honor. In response, the judges expressed their sadness and commented that all present in the courtroom mourn with the nation. However, they said that as an independent entity of the judiciary, it is not possible for them to observe the silence without some steps or instruction coming from the Honorable Chief Justice.

The court then called the contempt proceedings against Mr Selim Uddin and other Jamaat party leaders. Defense counsel for the politicians had filed applications Selim Uddin, Hamidur Rahman Azad MP and Rafiqul Islam requesting the court to dispense of the requirement that they appear in person. The counsel submitted that all of them have highest regards for the court and is not being able to comply with the court’s order solely by reason of security issues. The court rejected the applications stating that the two Jamaat leaders who have not yet appeared are now fugitives and such submission will not dispense with the requirement of personal appearance. The Tribunal fixed the next hearing for 10 April 2013. 

Finally, the defense sought time to produce defense witness in Kamaruzzaman’s case claiming that the witness could not appear due to illness. The court fixed Sunday 24 March 2013 as the next date for hearing the witness. The Tribunal stated that if the Defense again fails to produce their witness they will begin hearing closing arguments.

20 March 2013: ICT-2 Daily Summary – Adjournement in Kamaruzzaman and Mujahid, Alim Cross-Examination of PW 13

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Kamaruzzaman – Extension of Time for Production of DW
  2. Chief Prosecuor vs. Mujahid: Adjournment
  3. Chief Prosecutor vs Abdul Alim: Cross-Examination of PW 13

The case against Mujahid was listed for the hearing of the Defense review application and for the examination of the prosecution witness. However, the Defense counsel requested adjournment of court due to the death of one attorney’s mother. The Prosecution did not object to the same and the court adjourned the matter till Sunday, 24 March 2013.

In the Kamaruzzman case the Defense also sought additional time as the Defense witness could not be presented before the court. The Defense counsel said that they could not produce the witness because travel into Dhaka from Sherpur was not possible due to the hartals. The Tribunal adjourned the matter for one day and ordered that the witness be produced on 21 March 2013. At this point, the Tribunal expressed its dissatisfaction for the repeated requests for additional time from the D, particularly with regard to the timely production of Defense witnesses. The Defense argued often granted the Prosecution similar adjournments, and had even given 24 days of additional time for the production of PW-12. Thus they argued that there is an imbalance between the court’s attitudes toward the two parties and that the Defense were being prejudiced. The Tribunal rejected this argument and stated that because the onus to establish an independent case lies with the Prosecution and not the Defense, the Tribunal granted the Prosecution additional time. They said the Defense cannot be allowed to delay the proceeding by referring to such examples.

Finally, in the case Abdul Alim, the defense cross-examined PW-13. Prosecution witness 13 is the nephew of PW 2 Laily Begum and is the grand child of martyr Doctor Abul Kashem, who according to the Prosecution’s case was killed on 25July 1971 in Kuthibari at the instruction of Abdul Alim. The witness was examined by the prosecution on Sunday, 17 March 2013.

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10 March 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’s proceedings began with a Defense application for a week long adjournment. Senior Defense counsel, Mizanul Islam, cited the death of his mother in-law and travel schedule as reason, stating that he was not prepared to begin Defense Closing Arguments. The Tribunal rejected the application and required that Defense Counsel Mizanul Islam begin the summing up. The Defense began their Closing Arguments and continued until 11:45am. At that time they again sought adjournment and Tribunal allowed the prayer, adjourning the case until tomorrow, 11 March 2013.

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