Tag Archives: ICT 1

Weekly Digest Issue 11: March 31- April 4

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

This week Tribunal 1 dealt with the Motiur Rahman Nizami, Salauddin Qader Chowdhury, and Gholam Azam cases. In the case against Nizami the Defence cross-examined Prosecution witness 3, Rustom Ali Mollah. In the case against Salauddin Qader Chowdhury the Tribunal heard both the examination-in-chief and cross-examination of Prosecution witness 24, Babul Chakraborty. Gholam Azam’s Defence counsel continued their Defence Closing Arguments, addressing the conspiracy allegations under Charge 1, as well as legal arguments on incitement. Proceedings were delayed by hartals and the absence of Defense counsel.

In Tribunal 2, the Court heard the Prosecution’s Closing Arguments in the Kamaruzzaman case, during which they addressed evidentiary issues including hearsay, and legal arguments about the standard of complicity and under the doctrine of Superior Responsibility. Due to the hartal on 2 April, ICT 2 convened only briefly to allow the Prosecution to complete their examination-in-chief of the Investigation Officer in the Mujahid case. On 3rd April the Defence began its presentation of Closing Arguments in the Kamaruzzaman case, addressing factual issues in Charges 1-3 and responding to the legal issues raised by the Prosecution during their Closing Arguments.

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

30 April 2013: ICT-1 Daily Summary – Chowdhury PW 31, Nizami PW 6

Today the Tribunal heard matters in the following cases:

Chief Prosecutor vs Salauddin Qader Chowdhury: Examination-in-Chief and Cross-Examination of Prosecution Witness 31, Accused Present

Chief Prosecutor vs Motiur Rahman Nizami: Examination-in-Chief and Cross-Examination of Prosecution Witness 6, Accused Present

Today the Tribunal heard the cross-examination of Prosecution witness 31, Shujit Mohazon, in the case of Salauddin Qader Chowdhury. Shujit testified in support of Charge 6, which alleges Genocide and deportation as a Crime Against Humanity. The case was then adjourned until 2 May 2013. In the Nizami case the Prosecution conducted the examination-in-chief of Prosecution Witness 6, Shahajahan Ali. The witness testified in support of Charge 6, which alleges murder as a Crime Against Humanity. The Defense began their cross-examination but did not complete their questioning before the end of the day. The Tribunal adjourned the case until 2 May 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Shujit Mohazon testified as Prosecution witness 31 in support of Charge 6. Chowdhury is accused of  committing offense of Genocide under section 3(2)(c )(i), 3(2)(3 )(ii) and deportation as Crimes Against Humanity under section 3(2)(a) of the ICT Act.

Cross-Examination
The Defense began by asking Shujit Mohazon about his profession. Shujit stated that he he is a shopkeeper and received his trade license from the Union Council. The Defense suggested that the Mohazon name is known as being involved with determining interest rates in Chitagong. The witness said he did not know anything about such business.

The Defense then asked the witness about Bozlur Rahman road. Shughit that the road was visible from his house but that he did not see any army vehicles on the road on the day of the incident on that day.

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29 April 2013: ICT-1 Daily Summary – Chowdhury Prosecution Witness 31

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury – Prosecution witness 31

Today the Prosecution conducted the examination-in-chief of the Prosecution witness 31, Shujit Mohazon. The Tribunal then heard the beginning of the Defense’s cross-examination. They then adjourned the case until tomorrow as per the request of the Defense, who stated that they needed additional time to prepare questions regarding the factual issues because the Prosecution had only informed them this morning that the witness would appear today.

Prosecution Witness 31
The Prosecution called Shujit Mohazon, son and brother to two alleged victims, as prosecution witness 31. Shujit Mohazon testified in support of Charge no 6. Charge 6 was alleges that Salauddin Qader Chowdhury committed Genocide under section 3(2)(c )(i) and  3(2)(3 )(ii); and deportation as a Crime Against Humanity under section 3(2)(a) of the ICT Act 1973.

Examination-in Chief
Shujit Mozajon testified that he is the son of Jogesh Chandra Mohazon and Harilata Mohazon. He was 11years old in 1971. He stated that on 13 April1971 he along with his father, Jogesh Chandra and brother, Ranjit Mohazon, were sitting on their veranda when they heard the sounds of crowds yelling the slogan ‘Pakistan Zindabad.’ He testified that the Pakistani army and some Bengalis arrived and entered their house. Being afraid, Shujit said that he hid himself next to the Gola (a barrel for storing rice) in their kitchen. From his hidden position he saw his father and brother be taken to the bank of Khitish Chandra’s pond. Continue reading →

28 April 2013: ICT-1 Daily Summary – Nizami Cross-Examination of PW 5

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami – Cross Examination of PW 5

Today the Defense in the Nizami case concluded their cross-examination of Prosecution witness 5, Nazim Uddin Khattab. The Tribunal then adjourned the case  until 30 April 2013.

Nazim Uddin Khattab testified in support of Charge no 4 which alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the Act and was complicit in murder, rape, looting and destruction of property in the village of Karajma. The Charges are framed as Crimes Against Humanity under section 3(2)(h), section 3(2)(g) and 3(2)(a) read with section 4(1) and section 4(2) of the ICT Act 1973.

Cross-examination
During the examination-in-chief, Nazim Uddin Khattab had testified that he received training as a freedome fighter for the Liberation War and regarding the UPR camp. Defense Counsel Mizanul Islam asked him who was in charge of the camp. Khattab replied Major Ibrahim and Habildar Ali Akbar were responsible. The Defense suggested that UPR was established at the request of Abu Sayed after the formation of the Razakar and Al-Badr forces, as well as the Peace Committee. Khattab denied the suggestion and testified that before the camp was set up in the area before the formation of the Razakar and Al-Badr forces or the Peace Committee. The Defense asked how long after the UPR camp was established the Peace Committee, Razakar f and Al-Badr forces were formed. Khattab was unable to provide a timeline. The Defense again asked him when he first heard about the Peace Committee . Khattab replied that he first heard about the three groups before 19 April 1971. Previously during the Proesecuiton’s examination-in-chief Khattab had claimed that the Union Board Chairman Khoda Box was Chairman of the Peace Committee and a leader of Muslim League. The Defense suggested that Major Ibrahim arrested Khoda Box. Khattab denied the suggestion.

During the examination-in-chief Khattab had also testified regarding an individual named Rofikun Nabi Bublu, .stating that he had gone into hiding after the Liberation War. In response to the Defense’s questions he said that he did not know whether Rofikun’s father, Shiraj, was a doctor but noted that his title was doctor. Khattab denied the Defense’s suggestion that Shiraj practiced in Bera as a doctor. Continue reading →

25 April 2013: ICT-1 Daily Summary – Nizami PW 5, Chowdhury, PW 30

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Motiur Rahman Nizami: Prosecution Witness 5, Accused Present
  2.  Chief Prosecutor vs Salauddin Qader Chowdhury – Prosecution Witness  30, Accused Present

Today in the Nizami case the Prosecution conducted its examination-in-chief of Prosecution witness 5, Nazim Uddin Khattab. The Defense began their cross-examination, which continued until the lunch break. The Tribunal then adjourned the case until 28 April 2013.

In the Chowdhdury case Defense conducted the cross-examination of Prosecution witness 30, Md Nazim Uddin. The witness testified in support of Charge 4 which alleges that Nizami conspired to commit crimes under section 3(2)(g) of the Act and was complicit in murders, rapes, looting and destruction of properties as Crimes Against Humanity  under section 3(2)(h), section 3(2)(g) and 3(2)(a) read with section 4(1) and section 4(2) of the ICT Act 1973.

Chief Prosecutor vs. Nizami: Prosecution witness 5
Examination-in-Chief
Nazim Uddin Khattab testified that on the morning of 25 April 1971 he saw Motiur Rahman Nizami with Rafikun Nabi Bablu, Asad, Afzal, Moslem, Shukur and Siraj doctor attending a meeting at the Union Board Office. He said that after half an hour the meeting concluded and everyone exited the meeting room. Rofikun Nobi Bablu began yelling and verbally insulting the witness and others who were with him. Bablu was angry at them for voting in favor of Boat (the symbol of the Awami League) in 1970 and for supporting the Awami League. The witness further testified that Nizami told them that if they left the village they would assume that they were joining the freedom fighters and their family members would be killed. If they stayed in the village he said no one would be harmed.

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