Tag Archives: genocide

21 May 2013: ICT-2 Daily Summary – Abdul Alim PW 21

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – PW 21
  2. Contempt Proceedings Against Selim Uddin and Others

Today the Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness in the case of Abdul Alim. After the Prosecution completed their questioning the Defense requested adjournment for the day, seeking time to prepare his cross-examination. The Tribunal agreed and scheduled the cross-examination for the following day.

The Tribunal also adjourned the contempt proceedings against Jamaat-e-Islam leaders Selim Uddin, Hamidur Rahman Azad and Rafiqul Islam Khan after hearing a petition for additional time. It may be mentioned that the contempt proceedings were initiated by the Tribunal against the Jamaat-trio in February, following comments regarding the Tribunal made at a public engagement the day before the verdict in Qader Molla was issued. Selim Uddin is the only one of the three who has been produced before the court after being arrested. He has filed a separate written explanation through his lawyer. The other two have not been detained by the police, despite the Tribunal having issued an arrest warrant for them.

Chief Prosecutor vs. Abdul Alim
Mr Abdul Hamid Sakidar provided circumstantial evidence as Prosecution witness 21 in the case against Abdul Alim. During examination-in-chief by the Prosecution the witness testified that he was a resident of Sakidarpara during the war in 1971 and that he was 15 or 16 years old at the time. He testified that Abdul Alim was one of the key persons in the formation of the Peace Committee in the Jaipurhat area and acted as its chairman. Sakidar asserted that the Pakistan army killed many people and also burned villages in his area during the war. He stated that local collaborators were also part of these raids.

The witness claimed stated that Alim, along with Muslim League members and Jamaat activists, occupied the Shaon Lal Bazla Godighar (office) in his area. He stated that the Razakar forces were later trained in this godighar and that the Pakistani Army also located its camp there. The witness incriminated the accused by stating that the Pakistani army and the Razakars used to kill people at the instruction of Alim. Sakidar stated that eleven people from his locality were apprehended by the Pakistani Army and the Razakars, and that they were then taken to the north side of Baroghati Pond near Sakidarpara. These eleven people, whose faces were painted black, were then shot to death at Mr Alim’s instruction. Six of the dead bodies were buried under a mango tree thereby and five others were buried under a lychee tree at the south end of the pond.

The witness claimed stated that about after 4 to 5 months after Bangladesh declared its victory over Pakistan about 150 skeletons were recovered from that very pond.

The witness then positively identified the accused in the courtroom.

19 May 2013: ICT-1 Daily Summary – PWs 37, 38 and 39

Today the Tribunal heard matters in the following cases: 

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

In the Chowdhury case the Tribunal heard the examination-in-chief of Chapala Rani, Prosecution witness-37; Md Ersadul Haque, Prosecution Witness-38 and Mollah Abdul Hye, Prosecution witness 39. Thereafter, Defense Counsel Ahsanul Huq Hena conducted cross-examination. After the conclusion of the cross-examination Tribunal adjourned the case until 21 May 2013.

Prosecution Witness 37
Chapala Rani, the sister-in-law of victims Beni Madhab and Tarapada and daughter of victim Shatish Paul, testified as Prosecution witness 37. She testified in support of Charge 6 which alleges that Salauddin Qader Chowdhury committed Genocide under section 3(2)(c )(i) and 3(2)(3)(ii), as well as deportation as a Crime Against Humanity under section 3(2)(a) of the ICT Act.

Examination-in-Chief
Chapala Rani, testified that a day before Chaitra Sankranti (last day of Bangla year) in 1971 the Pakistan Army raided their area. At that time she was inside her house. The Pakistani Army knocked on the door of every house and gathered the villagers on the bank of the pond, owned by Shatish Mohazon who is the brother of Khitish Mohazon. Chapala said she and the others were crying. Her brother-in-law Beni Madhab tried to reassure them, saying that the Chairman Makbul and Salauddin Qader Chowdhury were present. However, she said that at that moment they (she did not specify who) opened fire on the villagers. Chapala testified that she became unconscious and her brothers-in-law Beni Madhab and Tarapada and her father Shatish Paul died. Continue reading →

16 May 2013: ICT-2 Daily Summary – Mujahid Prosecution Closing Arguments

The Prosecution presented their key legal arguments in the case against Mujahid. Prosecutor Afroz addressed a range of legal issues in conjunction Charges 1, 2, 4, 6 and 7. A written outline of the arguments was provided as reference for the Tribunal. The Defense counsel objected because the cover photograph of the outline showed numerous skulls. The Defense argued that such a picture is unnecessary, inappropriate and prejudicial. The Prosecution disagreed, claiming that there is nothing in the law or rules of procedure prohibiting such photographs. The judges agreed with the Prosecutor’s submission, adding that such a photograph will neither be detrimental nor advantageous to the case against the accused and will have no impact on the judicial process.

Prosecutor’s Arguments:
The Prosecution presented arguments on the following issues:

  1.  Legal argument on the absence of victims’ dead body.
  2. Legal argument on ‘extermination ‘ in contrast to ‘murder’.
  3. The doctrine of superior responsibility and how it has been established by the evidence admitted.
  4. Evaluation of documentary evidences and further evaluation of the charges.

The Actus Reus of Murder and Necessity of Victim’s Body as Evidence (relevant to Charges 1 and 5)
The Prosecution began by emphasizing that the bodies of the victims in Charges 1 and 5 were recovered. She argued that the actus reus, of murder requires that the Prosecution prove that the killing itself occurred. Where the body is not found or recovered the killing remains unproved, resulting in the failure of the Prosecution’s case. In this case, Prosecutor Afroz argued that the Defense cannot claim that the actus reus in Charges 1 and 5 has not been proven by reason of failure to find the body of the victims. Continue reading →

13 May 2013: ICT-1 Daily Summary – Chowdhury PW 35, AKM Yusuf Bail Hearing

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecuto vs. Salauddin Qader Chowdhury
  2. Investigation of AKM Yusuf

In the Chowdhury case, the Tribunal heard the examination-in-chief of Prosecution witness 34, Dijoy Krishno Chowdhury. The Defense declined to cross-examine the witness because he did not assert any allegations against Salauddin Qader Chowdhury.

The pre-trial stage of the case against AKM Yusuf continued and the Tribunal heard the Defense’s bail application, fixing tomorrow for passing its order. Continue reading →

12 May 2013: ICT-2 Daily Summary – Mujahid Prosecution Closing Arguments, Moinuddin and Khan Pre-Trial

Due to a national hartal our researchers were unable to attend proceedings today. Our coverage is therefore gathered from media sources and conversations with the Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid
  2. Pre-trial of Chowdhury Moinuddin and Ashrafuzzaman Khan

The Prosecution continued Closing Arguments in the Mujahid case. They began addressing the evidentiary aspects of the case and Charges 1 and 2.

Under Charge 1 Mujahid is accused of the abduction and subsequent murder of Mr Seraj Uddin Hossain, who was the then Executive Editor of the Daily Ittefaq. Mujahid is charged with abduction and murder as Crimes Against Humanity, under section 3(2)(a) of the ICT Act. Prosecution witness 4 testified in support of the charge. It is additionally alleged that Mr. Chowdhury Moinuddin and Mr Ashrafuzzaman Khan, who have recently been separately indicted, partnered with Mujahid, members of Al-Badr and the Pakistani Army in the commission of these crimes.

Charge 2 alleges that Mujahid commited persecution as a Crime Against Humanity and Genocide in conjunction with attacks committed in Baidyadangi, Majhidangi and Baladanga. He is charged under section 3(2)(a) and Section 3(2)(c) of the ICT Act. Prosecution witnesses 6, 8, 9, 10 and 11 supported the allegations within Charge 2. It is alleged that Mujahid committed the alleged crimes with the assistance and participation of Abul Kalam Azad, Hammad Maolana, Gofur Rajakar, Jahangir Razakar, Kalu Bihari and other members of the Pakistani Army, the Razakars, Al-Badr, the Peace Committee and members of the Bihari community.

Chief Prosecutor vs. Chowdhury Moinuddin and Chief Prosecutor vs. Ashrafuzzaman Khan
The Tribunal also addressed the cases against Chowdhury Moinuddin and Ashrafuzzaman Khan. The Police submitted an official report stating that they had been unable to arrest the accused because they are out of country, Moinuddin residing in the United Kingdom and Ashrafuzzaman in the United States. The Tribunal then issued an order to the Office of the Registrar requesting them to publish an advertisement in two widely circulated national dailies asking the two Accused to appear before the Tribunal within 10 days of its publication, failing which a trial-in-absentia will be conducted.

Administrative Issues:
Brussels based legal expert Ahmed Ziauddin who allegedly conducted inappropriate Skype conversations regarding the proceedings with the former Chairman of Tribunal 1, submitted his response to contempt proceedings against him in compliance with the Tribunal 2’s order of 3 January 2013. The submission was received by the Registrar of the ICT through the Ministry of Foreign Affairs. The matter will soon appear in the Daily Cause List of the Tribunal for further order.