Tag Archives: health of accused

5 August 2013: ICT-2 Daily Summary – Qaisar Bail Application Granted

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Syed Mohammad Qaisar

Today Tribunal 2 granted bail to Mr Syed Mohammad Qaisar. This is only the second time either of the two Tribunals have granted bail to a suspect. Defendant Abdul Alim is also free on bail. All other suspects have been denied bail.

On 22 July 2013 the Tribunal had heard Qaisar’s bail application and instructed the jail authorities to submit a report on the availability of adequate health care facilities for the 73 year old war crimes suspect. Today the Tribunal announced that having reviewed the report it had reached the conclusion that the health of the detained suspect is such that he should be enlarged on bail, subject to strict adherence on his part to conditions imposed by the Tribunal. The following conditions apply to his bail:

  1. The suspect shall not communicate with any political leaders
  2. He shall refrain from making any comments to the media
  3. There shall be no form of intimidation of the potential witnesses of war crimes
  4. The suspect shall stay in his Banani residence and shall not go anywhere without prior permission of the tribunal
  5. He must cooperate with the investigation agencies
  6. A bail bond of Taka 1 Lac ( Taka 100,000) shall be submitted immediately on his behalf

The Tribunal warned that bail would be revoked if there was any violation of any of the conditions.

25 July 2013: ICT-1 Daily Summary – ATM Azharul Islam Cognizance of Charges, Mir Qasem Ali Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against ATM Azharul Islam
  2. Pre-trial Proceedings against Mir Qasem Ali

Today in pre-trial proceedings against suspect ATM Azharul Islam the Prosecution submitted the Formal Charge before the Tribunal. The Tribunal passed an order taking cognizance of the Formal Charge and numbered the case as ICT BD Case No 5 of 2013. The Tribunal also directed the Prosecution to supply the Defense with all of the documents on which the Prosecution intends to rely, as well as the full list of proposed witnesses by the end of the day. They scheduled 18 August for hearing arguments regarding framing of the charges.

The Tribunal also heard an application filed by Alim’s Defense counsel requesting medically appropriate transportation of the suspect to and from the Tribunal. The Defense submitted that the ATM Azharul Islam suffers from back pain but is transported by prison van. The Prosecution objected saying that if such accommodation was made available to all it would create difficulties for the jail authorities due to the shortage of health friendly vehicles. The Tribunal passed an order directing the jail authority to provide ATM Azharul Islam health friendly vehicle if such vehicle is available to the prison authority.

In the pre-trial proceedings against suspect Mir Qasem Ali the Tribunal heard a Defense application seeking adjournment. The Defense submitted that they need privileged communication with their client Mir Qasem Ali. The Defense also requested legible copies of some Prosecution documents. The Tribunal rejected the request for adjournment but scheduled 28 July and 1 August from 10 am to 1 pm for privileged communication between the Defense and their client. They also directed the Prosecution to supply legible copies of the concerned documents if possible. They then heard the Prosecution’s submissions regarding the proposed charges against Ali.

The Prosecution submitted that until 6 November 1971, Mir Qasem Ali was the secretary of the Islami Chhatra Shangho Chittagong division. Between 6 November and 16 December 1971 they claimed that the Accused was also the general secretary of the Provincial Committee of the Islami Chhatra Shangho. They alleged that Mir Qasem was ‘Al-Badr high command.’ Most of the crimes allegedly committed under the leadership of Qasem Ali of took place at Dalim Hotel. The Prosecution briefly read out the 14 charges proposed against Mir Qasem Ali and stated that they had submitted the investigation report, a book titled ‘Muktijudder Potovumi’ vol- 1 and 2, witness statements, map of the place of occurrence, photos, and CDs in support of the charges. The charges are proposed under sections 3(2)(a), 3(2)(g), and 3(2)(h), indicating allegations of crimes against humanity; attempt, abetment or conspiracy; and complicity. The proposed charges are also framed indicating sections 4(1) and 4(2) as the relevant modes of liability, encompassing joint criminal liability and command responsibility respectively. Among the 14 charges proposed, charges 11 and 12 are for murder while the rest are for confinement, abduction, torture and other inhumane acts.

24 July 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order, Khan and Mueen Uddin PW 5, Alim PW

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against AKM Yusuf
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  3. Chief Prosecutor vs. Abdul Alim 

Today Tribunal began by hearing a bail application on behalf of AKM Yusuf. The Defense presented arguments both regarding the necessity of bail, and the insufficiency of the charges proposed against AKM Yusuf by the Prosecution. They argued that the suspect should be discharged as the allegations against him are malafide and inspired by political motivations. The Tribunal also heard the Prosecution’s response. They  scheduled 1 August for issuing their order regarding bail and the potential framing of charges against the suspect. They instructed the jail authorities to submit a report on the availability of their medical facilities and their ability to meet the needs of the suspect while in custody.

The Tribunal then turned to the case of Ashrafuzzaman Khan and Chowdhury Mueen Uddin in which the Prosecution  called Prosecution witness 5 to testify in support of Charge 6. As the trials are being conducted in absentia,  state appointed Defense counsel Shukur Khan and Tuny will be allowed to conduct the cross examination at a later date on behalf of Ashrafuzzaman Khan and Chowdhury Mueen Uddin respectively.

In the Alim case the Tribunal rejected an application from the Defense requesting additional time due to the illness of senior Defense counsel Ahsanul Huq Hena. A junior Defense attorney stated that Hena is physically unwell and is undergoing treatment at the United Hospital. The Tribunal was critical of the delayed application and stated that it would briefly begin the examination of the Investigation Officer and would continue  it the following day. Thus the tribunal very briefly started recording the examination of the Io, but then fixed 25 July 2013 as the date for recording his entire testimony. Continue reading →

22 July 2013: ICT-2 Daily Summary – Syed Qaisar Bail Hearing

Today the Tribunal heard matters in the following cases:

  1. Pre-Trial Stages of AKM Yusuf case
  2. Chief Prosecutor vs. Ahsrafuzzaman Khan and Chowdhury Mueen Uddin
  3. Investigation of Syed Mohammad Qaisar

Defense counsel representing AKM Yusuf sought an adjournment of the hearing of an application for bail filed on behalf of the accused. The counsel informed the Tribunal that the senior Defense Counsel Mr Abdur Razzak was engaged in a hearing at the Appellate Division of the Supreme Court. The tribunal adjourned the matter until tomorrow, 23 July.

The Tribunal was also scheduled to record the testimony of Prosecution witness in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin. However, due to problems with the computer system in the courtroom the Tribunal could not record the statement and the matter was adjourned for the day.

Despite the computer problems the Tribunal heard a bail application on behalf of Mr Syed Mohammad Qaisar. Defense counsel Abdus Sobhan Tarafder represented the suspect while Prosecutor Rana Das Gupta opposed the application. The Defense submitted various medical reports before the tribunal detailing the suspect’s health stressing that the medical facilities currently available in jail are inadequate given Qaisar’s needs. The tribunal directed the jail authorities to submit a report on or before 30 July, regarding the health condition of the suspect and whether the available health care infrastructure in the jail would be sufficient for his treatment.

3 July 2013: ICT-2 Daily Summary – Hartal Brief Coverage: AKM Yusuf Transfer of Documents, Alim PW 32

Today due to a nationwide hartal our researchers were unable to attend proceedings. Coverage of the following cases has been gathered from media sources as well as through conversation with both the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf
  2. Chief Prosecutor vs. Abdul Alim

In the case against AKM Yusuf documents pertaining to the allegations against him were formally transferred from Tribunal 1 to Tribunal 2. Tribunal 2 also directed the Gazipur jail authorities to transport the Mr. AKM Yusuf in an appropriate vehicle given his health condition. The direction was given after Mr Saifur Rahman, Defense counsel for the Accused, informed the Tribunal that the accused was brought to the court in a microbus as opposed to a prison van despite the fact that he is seriously ill.

The Tribunal then moved to the case against Abdul Alim and recorded the testimony of Prosecution witness 32, Mr Rafiqul Islam Raju, who is the Advertisement Manager of the Bogra-based Daily Bangladesh. The witness is a formal witness who exhibited two issues of his newspaper dated 17 January 1971 and 23 January 1971.  Both newspaper issues were seized by the Investigation Officer during the investigation into the current case.  The Defense summarily conducted the cross-examination of the witness. The court then scheduled 4 July 2013 for the cross-examination of Prosecution witness 11, who is being recalled following an application by the Defense.