Tag Archives: Hearsay

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

8 Sept 2013: ICT-1 Daily Summary – Nizami PW 19 and 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 Abu Sama Fakir, Prosecution witness 19, who testified in support of charge 4. The Tribunal then recorded the testimony of Tohurul Alam Mollah, Prosecution witness 20, who testified in support of charge 5. The Tribunal then adjourned the proceedings of the case until tomorrow, 9 September 2013.

In the case of ATM Azharul Islam today was scheduled for the Defense’s submissions on the framing of charges. However, the Tribunal adjourned the proceedings of the case until 18 September 2013. Continue reading

1 September 2013: ICT-2 Daily Summary – Alim DW 2, Khan& Mueen Uddin PW 20

Today the Tribunal heard matters in the following cases:

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

In the Abdul Alim case, Tribunal 2 recorded the examination-in-chief and cross-examination of Defense witness 2. Additionally, in the case of Ashrafuzzaman Khan and Chowdhury Mueen Uddin, who are jointly being tried in absentia, the Tribunal recorded the testimony of Prosecution witness 20. The witness’ testimony supports Charge 7, concerning the abduction and killing of Professor Mofazzal Haider Chowdhury.  The testimony also refers to the killing of Professor A.M. Munir Chowdhury, contained within Charge 8. Continue reading

29 August 2013: ICT-1 Daily Summary – Qasem Ali Pre-Trial, Azharul Islam Pre-Trial, Nizami PW 18

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against Mir Qasem Ali
  2. Pre-trial Proceedings against Azharul Islam
  3. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Mir Qasem Ali the Tribunal was scheduled to issue its order on the Charge Framing of the case. However, the Defense previously requested additional time so that senior Defense counsel Abdur Razzak could attend. The Defense previously submitted a petition requesting that the order be scheduled for after 8 September so that senior Defense counsel Abdur Razzaq could be present to argue for the discharge of the case. The Prosecution opposed the application saying that law does not permit such a long adjournment. The Tribunal then passed an order scheduling its Charge Framing Order for 5 September 2013. In the meantime they stated that if Defense counsel Abdur Razzaq wished to appear before the Tribunal it would allow him to submit arguments in favor of discharging the case.

In the case of ATM Azharul Islam the Prosecution began their arguments on the framing of charges. The Prosecution read out the historical background of the case, claiming that in 1971 ATM Azharul Islam was a student of HSC at Karmicle College, the Rangpur unit President of Islami Chhatra Shangho, and the Al-Badr Commander of Rangpur district unit. The Prosecution has proposed 6 charges against ATM Azharul. After hearing these opening arguments the Tribunal adjourned the proceedings of the case until 3 September as the Defense submitted an application for adjournment at the beginning of today’s session.

In the case of Motiur Rahman Nizami the Tribunal recorded the testimony of Prosecution witness 18, Zahurul Haque. They then adjourned the proceedings of the case until 1 September 2013.  Continue reading

27 August 2013: ICT-2 Daily Summary – Alim DW 1, Khan & Mueen Uddin PW 18

Today the Tribunal heard matters in the following cases:

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

Today in the Alim case Tribunal 2 recorded the testimony of Defense witness 1. Defense counsel Ahsanul Haque Hena conducted the examination-in-chief in the morning session while Prosecutor Rana Das Gupta conducted cross-examination of the defense witness during the second half of the day.

Additionally, the Tribunal recorded the testimony of Prosecution witness 18 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. Both the examination-in-chief and cross-examination were completed. The testimony of Prosecution witness 18 supports Charge 6, regarding the abduction and murder of Dr Abul Khayer and other intellectuals.

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26 August 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 17, Mobarak Hossain PW 8

Today in the Nizami case the Defense concluded it cross-examination of Jamal Uddin, Prosecution witness 17. Jamal Uddin testified in support of charges 2, 4 and 6. 

In the Mobarak Hossain case the Tribunal recorded the examination-in-chief and cross-examination of Prosecution witness 8, Abdus Samad, who testified in support of Charge 2. The Tribunal then adjourned the proceedings of the case until 4 September 2013.

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25 August 2013: ICT -1 Daily Summary: Nizami PW 17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

Today the Tribunal recorded the testimony of Jamal Uddin, Prosecution witness 17, in the case against Motiur Rahman Nizami. Jamal Uddin testified in support of Charges 2, 4 and 6. The Defense Counsel began its cross-examination of the witness but did not complete it before the close of the day’s session.

Prosecution witness 17, Jamal Uddin, testified in support of charges 2, 4 and 6. Charge 2 alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act 1973, resulting in murder, rape and deportation of victims as Crimes Against Humanity. He is accused of being liable as a party to a joint criminal enterprise under section 4(1), and due to his superior responsibility under section 4(2) of the Act. Under Charge 4 the Prosecution alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act and was complicit in murder, rape, looting and destruction of properties as crimes against humanity in the village Karamja, He is therefore charged under section 3(2)(a), 3(2)(h), and 3(2)(g). The charges cite both section  4(1) and 4(2) as the relevant modes of liability. Charge 6 alleges that Motiur Rahman Nizami raided the homes of Dr. Abdul Awal and others in Dhulaura. Having detained a number of persons it is alleged that Nizami was involved in first handing over at least 30 persons to the Pakistani army to be killed and later killing an additionally 22 persons who initially escaped. He is charged under section 3(2)(a), with liability specified under sections 4(1) and 4(2).

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