Tag Archives: Formal Charge

12 May 2013: ICT-1 Daily Summary – Hartal, Nizami PW 7, AKM Yusuf Cognizance of Charges

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Motiur Rahman Nizami 
  2. Chief Prosecution vs AKM Yusuf

In the Nizami case the Tribunal heard the examination-in-chief of Prosecution Witness 7, Pardip Kumar Dev, who testified in support of charge 4. This charge alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act 1973 and was complicit in murders, rapes, looting and destruction of properties committed in the village Karamja,  The charge alleges both accomplice liability under Section 4(1) and Command Responsibility liability under Section4(2) of the ICT Act 1973.

Pardip testified that during the killing he saw Sukur, Afzal, Asad, and Moslem Gong at the site of the  incident. He stated he could not recall whether he was interviewed previously by the Investigating Officer. After asking a few question during which the witness did not implicate the Accused, Prosecutor Mir Iqbal requested permission to declar Pradip Kumar Dey as a hostile witness. The Tribunal granted the request and allowed the Prosecutor to continue as though cross-examining the witness. The Prosecution then suggested that the witness was interviewed by the Investigation Officer on  6 November 2011 and that he accused Motiur Rahman Nizami and Rofiqun Nabi of being involved in the killing. The witness answered that he does not remember the interview. The Prosecution then suggested that he saw Nizami at the site of the alleged killing but is now denying the fact because of financial coercion from the Defense. The witness denied the suggestion. Subsequently the Defense declined to cross-examine the witness.

Today the Tribunal additionally  took cognizance of the Formal Charges submitted against AKM Yusuf and issued a warrant for the suspect’s arrest .They requested that law enforcement  produce AKM Yusuf by 26 May 2013.

AKM Yusuf was produced before the Tribunal in the afternoon and the Tribunal sent him  to the jail to be detained until trial. The decision to send him to jail was made in-chambers.

8 May 2013: ICT-1 Daily Summary: Hartal, Azharul Islam Investigation Report and AKM Yusuf Formal Charge

Today the Tribunal heard matters in the following cases:

  1. Investigation of ATM Azharul Islam
  2. Chief Prosecutor vs AKM Yusuf

Today Prosecutor Zead Al Malum submitted the progress report of the investigation into ATM Azharul Islam and sought and additional two months time. The Tribunal granted the prayer and fixed 30 June for the submission of the next progress report or the Formal Charge.

In the Investigation of AKM Yusuf the Prosecution submitted the Formal Charge to the ICT Registrar.

Weekly Digest, Issue 12: April 7-11

This week Tribunal 1 continued to hear the Defence’s Closing Arguments in the Gholam Azam case. The Defence concluded their coverage of Charges 3 and 4, and requested one additional day to complete their arguments. The Defence however did not attend proceedings during hartal days. In the Salauddin Qader Chowdhury case the Tribunal heard the testimony of Prosecution witness 25. Additionally, the Prosecution submitted the Formal Charges against Mubarak Hossain and both Parties submitted their arguments regarding the impending of indictment of Hossain.

In Tribunal 2 the Defence for Ali Ahsan Mohadded Mujahid began their cross-examination of Prosecution witness 17, the Investigation Officer. The case of Kamaruzzaman was repeatedly scheduled for the Defence’s Closing Arguments. However, the Senior Defence counsel did not attend on hartal days and therefore the case was adjourned until the following week. In the case against Abdul Alim the Prosecution conducted the examination-in-chief of Prosecution witnesses 14 and 15.

It should be noted that hartals were called for the 8, 9, 10, and 11th of April. Due to security concerns our researchers are unable to attend proceedings on hartal days. Therefore our coverage of those days is compiled from media sources as well as discussion with the Defence and Prosecution.

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 12 – April 7-11

28 April 2013: ICT-2 Daily Summary – Charge Framing Order to be Issued Against Chowdhury Moinuddin and Ashrafuzzaman Khan

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Chowdhury Moinuddin – Scheduling of Charge Framing Order
  2. Chief Prosecutor vs. Ashrafuzzaman Khan – Scheduling of Charge Framing Order

 Tribunal 2 was briefly in session today. They scheduled Thursday, 2 May 2013, for issuing the Charge Framing Orders against Chowdhury Moinuddin and Ashrafuzzaman Khan. Both are charged with the killing of Bangladeshi intellectuals during the eve of Bangladesh’s victory on 16 December 1971. The Prosecution submitted the proposed Formal Charge to the Tribunal on 25 April 2013. The 16 Charges allege the Accused killed at least 18 intellectuals between 10 December and 15 December 1971, amounting to Genocide and Crimes Against Humanity.

AIJI is in the process of obtaining copies of the Charge Framing Orders and will post them on our website once they are available.

25 April 2013: ICT-2 Daily Summary – Alim Cross-Examination PW 17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Prosecution Witness 17
  2. Submission of Formal Charges against Chowdhury Moinuddin and Ashrafuzzaman Khan

The case against Abdul Alim was the lone case scheduled in Tribunal 2 for today. Defense counsel Ahsanul Huq Hena very briefly cross-examined Mr Abdus Sobhan Sardar who gave testimony against the accused as Prosecution witness 17.

Additionally, the Prosecution submitted Formal Charges and related documents against Mr. Chowdhury Moinuddin and Mr. Ashrafuzzaman Khan. 16 charges have been proposed by the Prosecution against these two new accused, both of whom live outside of Bangladesh.

The Defense suggested did not attempt to discredit the witness’ prior testimony in a targeted manner. They alleged that the Abdul Alim never went to Akkelpur during in 1971. Despite the Defense’s suggestions the witness affirmed his statement that the Razakars said that detainees could be released only with permission from Alim. The witness said that Alim gave a short speech in Akkelpur in Suleman Kabiraz’s Mill ghor. He said that the Accused warned those present that their land was part of Pakistan and that agents from India would not be tolerated.

After this brief examination the court adjourned for the day.