Tag Archives: Delay

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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25 Feb 2013: ICT-2 Daily Summary – Kamaruzzaman Defense Applications, Alim Continuance

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman: Two Defense Applications
  2. Chief Prosecutor vs. Abdul Alim: Defens Request for Additional Time

Today the Tribunal heard two Defense applications in the Kamaruzzaman case. The first was an application to recall the court’s order ending the cross-examination of Prosecution witness18, the Investigation Officer. The order was issued after Defense counsel Kafil Uddin Chowdhury failed to complete the cross-examination within the time stipulated by the court. On 20 February 2013 (Wednesday), the court instructed the Defense to finish the cross-examination before lunch break on Sunday, February 24th. The Defense was absent on Sunday however, due to the ongoing hartal (strike). The Tribunal nonetheless announced that the cross-examination was completed after the lunch recess on the 24th. The second application was a request to allow the Defense to submit additional documents into evidence.

In the Alim case the Tribunal granted a request from the Defense for additional time due to the inability of the senior Defense counsel to attend.

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