Tag Archives: evidence

9 September 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Motiur Rahman Nizami, the Defense conducted the cross-examination of Tohurul Alam Mollah, Prosecution witness 20. Thereafter the Tribunal adjourned the proceedings of the case until tomorrow, 10 September, 2013. Continue reading

22 August 2013: ICT-2 Daily Summary – Khan & Mueen Uddin PW 16, Alim Cross-Examination of PW 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

In the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, who are being jointly tried in absentia, the Tribunal heard the testimony of Prosecution witness 16. Both the examination-in-chief and cross-examination were completed today. The testimony of Prosecution witness 16 supports Charge 6, which alleges that they were responsible for the abduction and killing of Professor Gias Uddin Ahmed, among other intellectuals.

In the case against Abdul Alim the Defenst resumed its cross-examination of the Investigation Officer, Prosecution witness 35. The Defense’s questioning focused on the investigation procedure followed by the Officer and the authenticity of various documents submitted into evidence.  Continue reading

30 July 2013: ICT-1 Daily Summary – Khokon Pre-Trial, Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Pre-Trial Proceedings against Zahid Hossain Khokon
  2. Chief Prosecutor vs. Salauddin Qader Chowdhury

On 18 July the Tribunal took cognizance of the charges proposed against Zahid Hossain Khokon and issued a warrant for his arrest. Today the Tribunal passed an order under Rule 31 instructing the relevant authorities to publish notice of the warrant in the Daily Jonokontho and the Daily Star asking Zahid Hossain Khokon to appear before the Tribunal by 14 August 2013.

In the Salauddin Qader Chowdhury case the Prosecution made its Closing Arguments for the third consecutive day. The Prosecution presented their arguments on Charges 7, 8, 10, 11, 14 and 17. On 24 July the Tribunal passed an order allotting the 3 days to the Prosecution for their Closing Arguments, with an additional day allotted for the Prosecution’s reply to the Defense’s Closing Arguments. However the Prosecution had not completed their submissions by the end of today’s session and requested two additional days. The Tribunal granted them only one additional day, asking that they complete their presentation by tomorrow, 31 July 2013.  Continue reading

19 August 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 13

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

In the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin Tribunal 2 recorded the testimony of Prosecution witness 13, Professor Panna Kaesar, alias Saifun Nahar Chowdhury. Both the examination-in-chief and cross-examination were completed. The witness’ testimony supports Charge 9, pertaining to the killing of journalist Shahidullah Kaesar.

In the case against Abdul Alim, the Tribunal rejected a time petition moved by senior defense counsel Mr Ahsanul Haque Hena. However, the case was subsequently adjourned for the day since Ashrafuzzaman and Mueen Uddin’s case took longer than anticipated.

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29 July 2013: ICT-2 Daily Summary – contempt proceedings, Ahsrafuzzaman Khan and Mueen Uddin PW 5 and 6.

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Prosecution Witness Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin

The Tribunal revisited the contempt proceedings against Jahir Uddin Jalal, who is accused of attacking a member of the Defense outside of the High Court. The Tribunal previously passed an order on the matter cautioning against his behavior without concluding that he in fact had attacked the Defense counsel. Jalal contested the order and stated that his lawyer had been acting without his consent in approving of such an order. The Tribunal therefore recalled the order and is rehearing the matter.  Jalal’s newly appointed counsel, Mr Kamrul Islam Siddiqui, made submissions on his behalf. Mr Abdur Razzak appeared on behalf of the petitioner, Defense counsel member Munshi Ahsan Kabir. The Tribunal heard both parties and then passed an order asking the Chief Metropolitan Magistrate to carry out an enquiry into the alleged incident.

Next the Tribunal turned the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, in which they recorded the cross-examination of Prosecution witness 5 and the examination of Prosecution witness 6.

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29 July 2013: ICT-1 Daily Summary – Chowdhury Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

 At the beginning of today’s proceedings the Tribunal summarily rejected an application for adjournment filed yesterday by the Defense requesting additional time for approval from the Chief Justice for High Court judge Shamim Hasnain to testify in the Chowdhury case. The Prosecution then continued with its Closing Arguments for the second consecutive day, addressing charges 3, 4, 5 and 6. Arguments will continue tomorrow. Continue reading

25 July 2013: ICT-2 Daily Summary – Alim Prosecution Witness 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the case against Abdul Alim. the Prosecution called the Investigation Officer, Mr ZM Altafur Rahman, as Prosecution witness 35. The Investigation Officer testified about his findings and stated that the accused played a central role in committing atrocities as the Chairman of Jaipurhat Peace Committee, which acted as an auxiliary force of the Pakistani Army.  He referred to documentary evidence collected during the investigation as being incriminating of Alim. These documents include several books that have been exhibited in addition to documents and newspapers seized by the Investigation Officer and enumerated on the Seizure List. Cross-examination was scheduled for a later date.

Demeanor of the Court
A junior member of the Defense informed the Tribunal that senior counsel Ahsanul Huq Hena, who has been cross-examining the witnesses, is ill. The Defense requested a long adjournment until Hena is able to fully recover. The Tribunal was critical of the request and noted that this sort of delay, on a regular basis, is tantamount to obstruction of justice. The Tribunal noted that there have been frequent requests for adjournment based on  either the illness of a Defense counsel or that of the Accused. They stated that such requests will not be entertained and that the Defense must complete the cross-examination between 29 July to 1 August 2013. The Judges stressed that the trial will continue at its pace without such delays, save in exceptional instances.