Tag Archives: International Crimes Tribunal

2 June 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Selim Uddin  and others                                                     
  2. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid: Defense  Closing Arguments

Tribunal-2 heard contempt proceedings against Selim Uddin and his fellow Jamaat-e-Islam leaders Hamidur Rahman Azad MP and Rafiqul Islam Khan. Selim Uddin, through his lawyer Tajul Islam, provided an unconditional apology to the Tribunal for his derogatory remarks and did not attempt to justify them. Defense counsel Tajul Islam submitted that Selim Uddin did not intend to disrespect the Tribunal. After hearing the apology the Tribunal fixed 9 June 2013 for passing their final order. The two other contemnors Rafiqul and Hamidur again failed to appear before the Tribunal or to submit any explanation of their comments through legal counsel.

After lunch, Defense counsel Abdur Razzaq resumed his Closing Arguments on behalf of Ali Ahsan Mujahid. The Defense discussed the various legal aspects of case along with some of the evidentiary matters regarding the alleged leadership position held by the Accused within Al-Badr, which is a key factual matter in the charges against him. The Defense additionally addressed the following:

  1. Probative value of the documentary evidences.
  2. Defective charges and the lack of specific allegation therein.
  3. Section 4(2) of the 1973 Act and imposing liability for superior / command responsibility. Continue reading →

30 May 2013: ICT-2 Daily Summary – Mujahid Defense Closing Arguments

30 May 2013: ICT-2 Daily Summary

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

Today Defense counsel Abdur Razzak began his portion of the Closing Arguments in the case of Mujahid. Although he had previously been designated to cover only the legal aspects of the case, he also discussed evidentiary and factual issues as well, particularly issues pertaining to documentary evidence.

The Defense also informed the Tribunal that because the senior Defense team is also appearing before the Appellate Division in conjunction with the Qader Molla case appeal, they would need the Tribunal to accommodate the Defense’s schedule (in particular Mr. Razzak’s schedule). He said that he would only be able to present arguments in the Mujahid case in the afternoon. The Tribunal agreed to accommodate the Defense counsel as far as possible.

Closing Arguments
The Defense noted that the book “Al-Badr” is the primary documentary evidence relied upon by the Prosecution to establish that Mujahid held a leadership position in the Al-Badr forces during the 1971 war period.

The counsel stated that the book refers to the speech of the ’Nezam’ (Head/leader) of Al-Badr, given the night before Pakistan surrendered on 16th December 1971. The counsel submitted that this is the worst possible form of hearsay evidence as there is no reference as to who recalled and reported the meeting, who gave the description of the meeting, when and where such an interview was taken and how the contents of the speech of the ‘Nezam’ could be authenticated. The Defense submitted that without knowing this information, the evidence cannot be relied upon in reaching any conclusion regarding Mujahid’s position within the Al-Badr forces or his alleged guilt. Because the book amounts to anonymous hearsay it cannot be relied upon. Continue reading →

29 May 2013: ICT-1 Daily Summary – Hartal Coverage, Chowdhury Applications and PW 41

 Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Our coverage is gathered from media sources and conversations with both the Defense and the Prosecution.

In the Salauddin Qader Chowdhury case the Tribunal issued its order on the three applications filed by the Prosecution and the two applications filed by the Defense on 28 May 2013. Today the Tribunal passed an order accepting four of the proposed eight out-of-court Prosecution witness statements submitted by the Prosecution under Section 19(2) of the ICT Act 1973. Among these four witnesses three are dead and one has been determined to have left for India. The Tribunal rejected the Prosecution’s petition to submit additional documents. They accepted the petition to correct the mistake made in the Charge Framing Order. The Tribunal rejected both the Defense’s applications.

Today the Tribunal heard the examination-in-chief of the Prosecution witness 41, the Investigation Officer Md Nurul Islam. Thereafter, the Defense sought additional time for preparation. The Tribunal adjourned the case until Monday, 3 June 2013.

27 May 2013: ICT-2 Daily Summary – Contempt, Ashrafuzzaman Khan and Moinuddin Order, Mujahid Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings vs. Prosecution Witness 2, Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan
  3. Chief Prosecutor vs. Chowdhury Moinuddin
  4. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid

The day’s proceedings began with the Defense notifying the court that Prosecution witness 2 in the Mujahid case had allegedly assaulted Defense counsel member Munshi Ahsan Kabir near his chambers in Paltan, Dhaka. On 26 May 2013, Mr. Kabir was on his way to the chamber to attend a meeting of the Defense team. As he was descending from his rikshaw he encountred the witness, Jalal, who verbally assaulted him, calling him ‘son of Rajakar’ and using other insults and curses. The Defense claimed that Jalal then kicked Mr. Kabir in his lower abdomen by the prosecution witness, causing him to collapse on the ground. Jalal fled the scene. Mr. Kabir was then taken to the hospital by local people. The Defense urged the Tribunal to take action against the attacker of the and expressed the hope that all would agree, including the Prosecution. The Tribunal fixed 28 May 2013 for a hearing of the Defense’s contempt petition regarding the attack.

The Tribunal nex passed an order allowing the trials of Md Ashrafuzaman Khan, alias Nayeb Ali, and Moinuddin Chowdhury to be held in absentia under Section 10A of the ICT Act and Rule 32 of the Rules of Procedure of Tribunal-2. The judges observed that the two accused have not appeared before the court despite publication of notices in two widely circulated national dailies. The Tribunal stated that the two are considered to have absconded in an effort to avoid trial and that therefore their trials will commence in their absence. Mr Abdus Shukur Khan and Salma Hye Tuni, both learned advocates of the Supreme Court of Bangladesh have been selected as State-appointed-counsels to defend the accused, and will receive remuneration as approved by the Tribunal.

Finally, the in the case of Mujahid the Defense resumed Closing Arguments, addressing factual and evidentiary issues pertaining to Charges 2 to 6. The Defense noted that Charge 7 would be addressed on the following day and that Defense counsel Abdur Razzak would subsequently discuss relevant legal issues in the case.  Continue reading →

27 May 2013: ICT-1 Daily Summary – Nizami PW 9, Mubarak Hossain PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mubarak Hossain

In the case against Motiur Rahman Nizami , Defense counsel Mizanul Islam conducted cross-examination of Prosecution witness 9, Aynul Haque, who testified in support of Charge 2. Thereafter, the Tribunal adjourned the proceedings of the case until 2 June 2013.

In the case against Mubarak Hossain case, the Tribunal heard the examination-in-chief of Prosecution witness 2, Khodaza Begum. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow 28 May 2013. Continue reading →