Tag Archives: international criminal courts

28 April 2013: ICT-2 Daily Summary – Charge Framing Order to be Issued Against Chowdhury Moinuddin and Ashrafuzzaman Khan

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Chowdhury Moinuddin – Scheduling of Charge Framing Order
  2. Chief Prosecutor vs. Ashrafuzzaman Khan – Scheduling of Charge Framing Order

 Tribunal 2 was briefly in session today. They scheduled Thursday, 2 May 2013, for issuing the Charge Framing Orders against Chowdhury Moinuddin and Ashrafuzzaman Khan. Both are charged with the killing of Bangladeshi intellectuals during the eve of Bangladesh’s victory on 16 December 1971. The Prosecution submitted the proposed Formal Charge to the Tribunal on 25 April 2013. The 16 Charges allege the Accused killed at least 18 intellectuals between 10 December and 15 December 1971, amounting to Genocide and Crimes Against Humanity.

AIJI is in the process of obtaining copies of the Charge Framing Orders and will post them on our website once they are available.

25 April 2013: ICT-2 Daily Summary – Alim Cross-Examination PW 17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Prosecution Witness 17
  2. Submission of Formal Charges against Chowdhury Moinuddin and Ashrafuzzaman Khan

The case against Abdul Alim was the lone case scheduled in Tribunal 2 for today. Defense counsel Ahsanul Huq Hena very briefly cross-examined Mr Abdus Sobhan Sardar who gave testimony against the accused as Prosecution witness 17.

Additionally, the Prosecution submitted Formal Charges and related documents against Mr. Chowdhury Moinuddin and Mr. Ashrafuzzaman Khan. 16 charges have been proposed by the Prosecution against these two new accused, both of whom live outside of Bangladesh.

The Defense suggested did not attempt to discredit the witness’ prior testimony in a targeted manner. They alleged that the Abdul Alim never went to Akkelpur during in 1971. Despite the Defense’s suggestions the witness affirmed his statement that the Razakars said that detainees could be released only with permission from Alim. The witness said that Alim gave a short speech in Akkelpur in Suleman Kabiraz’s Mill ghor. He said that the Accused warned those present that their land was part of Pakistan and that agents from India would not be tolerated.

After this brief examination the court adjourned for the day.

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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24 April 2013: ICT-2 daily Summary – Abdul Alim Prosecution Witness 17

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

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim: Prosecution witness 17, Accused Present

The prosecution called for Mr Abdus Sobhan Sardar to give testimony as PW-17 in the case against Abdul Alim. The witness is a resident of Akkelpur in Jaipurhat and gave evidence mainly in support of Charge 6.

The witness stated that the first week of May 1971 he heard that the Pakistani Army took three people into their custody from amongst fourteen to fifteen people who were hiding in the house of Bhatsha Union Parishad chairman Mr Syed Ali. The group was allegedly fleeing to India because of the war. The remaining people from the group were handed over to the Akkelpur Peace Committee and detained in the waiting room of Akkelpur Railway Station. The witness testified that during the three days of detention there, various Razakars assured the detainees that they would be free to go if Mr. Alim ordered them to be released the same. The prosecution witness testified that he heard this information from locals in the area.

The witness stated that the detainees were later shot by the Pakistani Army near Bakjana station after few members of Razakar forces, including Makbur Kabiraj, Moti Chairman and Boor Bakhth, delivered them to the army. One Mozammel Hossain was the only survivor.

24 April 2013: ICT-2 Daily Summary – Qasem Ali, Contempt Proceedings, Chowdhury Prosecution Witnesses 29 and 30.

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

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mir Quasem Ali : Investigative Report
  2. Contempt Proceedings against The Economist
  3. Chief Prosecutior vs Salauddin Quader Chowdhury: Prosecution Witnesses 29 and 30

The Prosecution  submitted its progress report regarding the investigation into Mir Qasem Ali. They requested an additional two-weeks to prepare the Formal Charge. The Tribunal scheduled the submission for 9 May 2013.

In  the ongoing contempt proceedings against the Economist, Barrister Mustafizur Rahman Khan sought two weeks additional time on behalf of the Defendants. The Tribunal fixed 14 May for hearing the reply of the South Asian Bureau Chief and Chief Editor.

Today the Prosecution also conducted its examination-in-chief of Prosecution witness 29, Shubol , and  Prosecution witness 30, Md Nazim Uddin. Thereafter, Defense counsel Ahsanul Huq Hena began the cross-examination of Prosecution witness 29. The Tribunal adjourned the case until 25 April 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury: Prosecution Witness 29 and 30
Prosecution Witness 29
Today the Prosecution called witness 29, Shubol. The witness testified in support of Charge 2 which alleges that Salauddin was involved in the murder of Poncha Bala Sharma, Shunil Sharma, Joti Lal Sharma, Dulal Sharma and Dr Makhon Lal Sharma and in the injury of Joyonta Kumar Sharma. It is alleged that these acts of murder and injury were committed with the intent to destroy the members of the Hindu religious group in whole or in part ,which was considered Genocide under section 3(2)(c)(i) and 3(2)(c)(ii). Continue reading →