Tag Archives: genocide

16 April 2013: ICT-1 Daily Summary – Nizami Examination-in-Chief of PW 4, Abdus Sobhan Submission of Investigation Progress Report

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Investigation of Moulana Abdus Sobhan

In the Nizami case the Prosecuttion and Defense respectively conducted the examination-in-chief and cross-examination of Prosecution witness 4, Habibur Rahman Habib. The case was then l adjourned until 18 April 2013.

In the ongoing Investigation of Moulana Abdus Sobhan the Prosecution a progress report.

Chief Prosecutor vs. Nizami – Prosecution witness 4
Today the Tribunal heard testimony from Prosecution witness 4, the former freedom fighter Habibur Rahman Habib.

Prosecution’s Examination-in-Chief
Habibur Rahman Habib first testified about his personal details, including his profession, family, and education. He stated that in 1971 he was Zilla Muktijuddha Commander, the Pabna district commander of freedom fighters. The witness claimed that until 10 April 1971 Pabna had been free from Pakistani occupation. On 11 April 11 the Pakistani forces took control of Pabna. The witness stated that he, his elder brother Shahidullah and as many as 300 or 400 students fled to India. In India he took shelter at Kachuadanga Camp in Shikarpur. Later he went to Deradun with a 45 member team where they received 45 days of training. Then they left Deradun to return to Pabna.

Habib testified that while in India he learned that Moulana Kasimuddin, the headmaster of the Pabna Zilla School, had been killed. The witness stated that he had been close friends with Shibli, the son of Moulana Kasimuddin. The night of 19 August 1971 Habib said he went to meet Shibli to convey his sympathies and Shibli told him the story of his father’s murder.

Habib testified that Shibli told him that on 4 June 1971 his father, Moulana Kasimuddin, told the family members that he would not be safe in his house because Motiur Rahman Nizami had made a list of people to be killed and Kasimuddin’s name appeared on the list. Kasimuddin attempted to hide himself and boarded a bus from Tematha. However some Jamaat leaders identified him on the way and handed him over to the Pakistani Army. Habib testified that Kasimuddin was then taken to the Nurpur army camp. Shibli told Habib that his father was physically and mentally tortured at the camp. Shibli told him that his mother, brother and sisters went to Nurpur camp and begged for the life of Kasimuddin. Shibli also said that his family members begged Nizami for mercy and asked him to free Kasimuddin. Shibli told Habib that in reply Nizami told Kasimuddin’s wife “Tell your husband to give training to the freedom fighters.” Habib testified that Kasimuddin had given training to students with dummy rifles during the Oshohojog Movement at Pabna Zila School. Continue reading →

15 April 2013: ICT-1 Daily Summary – Conclusion of Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam
  2. Chief Prosecutor vs. Motiur Rahman Nizami

On April 15, 2013 the Defense for Gholam Azam concluded their Closing Arguments. Imran Siddiq presented the Defense’s arguments based on complicity. Senior Defense counsel Abdur Razzaq presented arguments on the Doctrine of Command Responsibility. The Defense then summarized the Charges against Gholam Azam before the Tribunal. After the completion of the Defense’s case the Tribunal asked the Prosecution to submit their reply. The Prosecution requested one day for preparation of their response. The Tribunal accepted the request and adjourned the proceedings until 17 April 2013.

After the lunch break the Tribunal turned to the Nizami case. Prosecutor Mir Iqbal informed the Tribunal that Prosecution witness 4 had been present in the morning but was now feeling sick and could not testify. The Tribunal therefore adjourned the proceedings until tomorrow, 16 April 2013.

Chief Prosecutor vs. Gholam Azam

Complicity
Count 13 Charge No 4
The Defense submitted that the Prosecution failed to prove that Gholam Azam’s press briefing substantially contributed to the commission of Genocide or Crimes Against Humanity. The Prosecution has failed to adduce evidence in the form of witnesses or documents to establish that identified members of the Pakistan Army and/or its auxiliary forces had heard or read Gholam Azam’s statement prior to committing Genocide or Crimes Against Humanity. The Defense referred to the testimony of the Investigation Officer and submitted that during cross-examination the witness admitted that he not say whether any person had committed atrocities upon hearing or reading Gholam Azam’s statements and speeches.

Count 14, Charge 4
The Prosecution has based Count 14 of Charge 4 on Exhibits 48 and 122  which quote Gholam Azam as saying the damage that was caused by the separatists cannot be remedied merely by chanting slogans. He also alleged that there were those who were colluding with India and involved in arson, looting and violence throughout the country because they wanted an independent East Pakistan. Gholam Azam alleged that in order to assist the separatists and the banned Awami League, India was smuggling infiltrators and arms into the country. Gholam Azam also praised the Pakistani Army for their role in preserving the unity of Pakistan.

The Defense argued that no where in these reports is there proof that Gholam Azam expressed support for the criminal activities of the Pakistani army, nor is there any proof that he urged the members of Jamaat or others to engage in repressive and criminal activities. The Defense further submitted that Gholam Azam’s statement that chanting of slogans would not be enough to redress the damage caused by the separatists does not amount to urging members of Jamaat to commit Genocide or Crimes Against Humanity as alleged in the Charge Framing Order. Continue reading →

8 April 2013: ICT-2 Daily Summary – Abdul Alim Prosecution Witness 14

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Prosecution witness 14
  2. Chief Prosecutor vs. Kamaruzzaman – Adjournment

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

Chief Prosecutor vs. Abdul Alim
The Prosecution called former Awami League leader Mustafizur Rahman Chowdhury to testify as Prosecution witness 14. The witness testified in support of allegations that Alim worked alongside the Pakistani Army in looting and torching houses at Panchbibi of Joypurhat on 20th April 1971.  The witness  was not at home during the incident, having sought shelter in a relative’s house after he learned that the Accused and other Peace Committee members had warmly welcomed the Pakistani Army in Dinajpur Ghorarghat on the same day. The following day the witness returned home and found that his house had been burned. The witness testified that his family supported the Awami League and had given their support to the Awami League candidate Mafiz Chowdhury, the political rival of Abdul Alim in the 1970 Election. The witness also stated that Alim’s house was later attacked as an aftermath of the incident.

Chief Prosecutor vs. Kamaruzzaman
Kamaruzzaman’s case was listed in the day’s cause list. However, Senior Defense attorney Abdur Razzaq was not present because of the hartal. Tarikul Islam, a junior counsel appearing on behalf of the Accused, informed the Tribunal that the senior counsel remains at home on hartal days and requested adjournment on such days. Although the Tribunal adjourned the proceedings due to the Defense’s absence, it been stressed that hartals should not be used as an excuse for non-attendance.

7 April 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 the Defense continued their Closing Arguments, addressing Charge 3 for incitement and Charge 4 for complicity.

After the lunch break Senior Defense Counsel Abdur Razzak requested an additional working day in order to complete the Defense’s summing up. By mentioning “working day,” the Defense implied a non-hartal day. This week hartals have been called for Monday through Thursday.  The Defense does not attend the Tribunal during hartal days.

Charge 3:
Incitement to Commit Genocide
The Defense addressed each count of incitement contained within Charge 3. First, the Defense argued that none of Gholam Azam’s statements were designed to instigate or prompt others to attack or destroy members of any national, religious, ethnic or racial group. Considering the context of censorship surrounding news reports, the testimony of both Prosecution and Defense witnesses and submitted Exhibits, it is clear that none of  Gholam Azam’s statements, when interpreted according to their plain and ordinary meaning, were directed against members of the Hindu community, the Bengali civilian population or supporters of the Awami League. Secondly, the Defense argued that the Charge Framing Order does not adequately specify how Gholam Azam prompted, provoked or instigated criminal action, nor has the Prosecution brought any evidence on record to show that an identified perpetrator was so instigated, prompted or provoked. Thirdly, the Prosecution has made no attempt to establish that Gholam Azam had the required intention to destroy Hindus, members of the Awami League or the Bengali civilian population. Similarly, the Prosecution failed to prove that through his statements Gholam Azam intended to create genocidal intent amongst members his audience. Therefore the Defense stated that the Prosecution did not prove essential elements of the alleged crime.

Continue reading →

4 April 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 Defense counsel Imran Siddiq continued presenting the Defense’s Closing Arguments. He added some additional arguments regarding the impact of censorship on the reliability of documentary evidence and then addressed Charge 3 which is for Incitement to commit crimes under section 3(2) of the ICT act of 1973.

Censorship
The Defense added some points to the arguments they submitted regarding censorship on 3 April. Imran submitted that a conviction cannot be solely based on newspaper reports where the newspaper reports have not been collaborated. The Defense submitted that it is evident from Exhibit-EK that the Chief Martial Law Administrator imposed restrictions on newspapers through the Martial Law Regulation no 77, prohibiting printing or publishing any news which is calculated to prejudicially affect the integrity or solidarity of Pakistan. The Defense argued that Prosecution Exhibit 3, a news report published in the daily Shangram 19 June 1971, shows that Gholam Azam called for the withdrawal of censorship restrictions. Imran also noted that Defense witness 1 testified that during 1971 the Martial Law Authority imposed censorship on mass media by official notification. The Defense pointed to pages 62 and 84 of the book Muktijuddho: Bibhinno Dristikon Theke, by Sadruddin, stated that due to censorship news received from East Pakistan was very limited and unreliable. The Defense further noted that the book Ami Mujib Bolsi, by Krtittibas Ojha, states that censorship was imposed on newspapers, radio and television were not allowed to publish without prior permission regarding the contents from the relevant authority. Continue reading →