Tag Archives: International crimes courts

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 →

21 April 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following matters:

  1. Contempt Proceedings vs. Selim Uddin and Others Jamaat Leaders
  2. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Cross examination of Investigating Officer, Accused Present

Proceedings before Tribunal 2 began with contempt proceedings against Jamaat leaders Selim Uddin, Hamidur Rahman, Azad MP and Rafiqul Islam.  Selim Uddin was arrested on 8 March 2013 under an arrest warrant issued by the Tribunal on 6 March. Today the Tribunal passed an order against the parties, stating that the submitted written explanation for the allegedly contemptuous behavior was not satisfactory. Therefore proceedings under Section 11(4) of the ICT Act are issued against the accused. Defense counsel Tajul Islam, who had earlier been appointed as counsel to the four Jammat leaders, was not present in the court during the session. The Tribunal scheduled the next hearing on the matter for 9 May 2013, and stated that any further submissions, explanations or observations must be filed before that date.

The Tribunal then resumed hearing the cross-examination of Prosecution witness 17, Investigation Officer Abdur Razzaq . The Defense continued to highlight the various procedural flaws in the investigation process and the underlying deficiencies in the investigation’s findings.

Chief Prosecutor vs. Mujahid
Cross-Examination of Investigation Officer
The Defense resumed its questioning and asked whether the witness went to Chorfasion as part of his investigation. The witness replied that he did not visit the area. He asserted that another Investigation Officer, Nur Hossain, investigated the case against Abul Kalam Azad. He acknowledged that some of the witnesses in that case are also witnesses in the case against Mujahid. The Investigation Officer stated that he interviewed them separately.

The witness stated that he began his investigation in Dhaka on 5 December 2010. He first visited the Daily Jugantor office, which is the office of witness Mahbub Kamal, in the Notre Dame College area. The witness stated that the area is called Arambag. The Defense objected and said it is not called Arambag and suggested that the Investigating Officer does not actually know the location.  The witness said he did not go anywhere else as part of the investigation.  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 →