Tag Archives: international criminal courts

7 April 2013: ICT-1 Daily Summary, Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Defense Closing Arguments

Today the Defense continued their Closing Arguments, addressing Charge 3 for incitement and Charge 4 for complicity.

After the lunch break Senior Defense Counsel Abdur Razzak requested an additional working day in order to complete the Defense’s summing up. By mentioning “working day,” the Defense implied a non-hartal day. This week hartals have been called for Monday through Thursday.  The Defense does not attend the Tribunal during hartal days.

Charge 3:
Incitement to Commit Genocide
The Defense addressed each count of incitement contained within Charge 3. First, the Defense argued that none of Gholam Azam’s statements were designed to instigate or prompt others to attack or destroy members of any national, religious, ethnic or racial group. Considering the context of censorship surrounding news reports, the testimony of both Prosecution and Defense witnesses and submitted Exhibits, it is clear that none of  Gholam Azam’s statements, when interpreted according to their plain and ordinary meaning, were directed against members of the Hindu community, the Bengali civilian population or supporters of the Awami League. Secondly, the Defense argued that the Charge Framing Order does not adequately specify how Gholam Azam prompted, provoked or instigated criminal action, nor has the Prosecution brought any evidence on record to show that an identified perpetrator was so instigated, prompted or provoked. Thirdly, the Prosecution has made no attempt to establish that Gholam Azam had the required intention to destroy Hindus, members of the Awami League or the Bengali civilian population. Similarly, the Prosecution failed to prove that through his statements Gholam Azam intended to create genocidal intent amongst members his audience. Therefore the Defense stated that the Prosecution did not prove essential elements of the alleged crime.

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4 April 2013: ICT-1 Daily Summary – Gholam Azam Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Defense Closing Arguments

Today Defense counsel Imran Siddiq continued presenting the Defense’s Closing Arguments. He added some additional arguments regarding the impact of censorship on the reliability of documentary evidence and then addressed Charge 3 which is for Incitement to commit crimes under section 3(2) of the ICT act of 1973.

Censorship
The Defense added some points to the arguments they submitted regarding censorship on 3 April. Imran submitted that a conviction cannot be solely based on newspaper reports where the newspaper reports have not been collaborated. The Defense submitted that it is evident from Exhibit-EK that the Chief Martial Law Administrator imposed restrictions on newspapers through the Martial Law Regulation no 77, prohibiting printing or publishing any news which is calculated to prejudicially affect the integrity or solidarity of Pakistan. The Defense argued that Prosecution Exhibit 3, a news report published in the daily Shangram 19 June 1971, shows that Gholam Azam called for the withdrawal of censorship restrictions. Imran also noted that Defense witness 1 testified that during 1971 the Martial Law Authority imposed censorship on mass media by official notification. The Defense pointed to pages 62 and 84 of the book Muktijuddho: Bibhinno Dristikon Theke, by Sadruddin, stated that due to censorship news received from East Pakistan was very limited and unreliable. The Defense further noted that the book Ami Mujib Bolsi, by Krtittibas Ojha, states that censorship was imposed on newspapers, radio and television were not allowed to publish without prior permission regarding the contents from the relevant authority. Continue reading →

3 April 2013: ICT-2 Daily Summary – Kamaruzzaman Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman – Defense Closing Arguments

The Defense began its presentation of Closing Arguments in the Kamaruzzaman case. Counsel addressed details pertaining to Charge 1 and the allegations of Kamaruzzaman’s involvement in the torture and killing of Bodiuzzaman. The Defense identified and outlined the substantial contradictions between the testimonies of Prosecution witnesses 4 and 6, both of whom provided hearsay evidence. Additionally the Defense highlighted inconsistencies between each witness’ courtroom testimony and their previous statements to the Investigation Officer. The Defense argued that in order for hearsay evidence to be viewed as credible and reliable it should be consistent and supported by circumstantial evidence. The contradictions and inconsistencies in the Prosecution’s case for Charge 1 give rise to substantial doubt as to the guilt of the Accused.

Abdur Razzaq, the senior Defense counsel for the Accused, also addressed legal questions arising from the Prosecution’s case including admissibility and probative value of hearsay evidence in the absence of corroborative evidence, whether the statement of one hearsay witness can satisfactorily corroborate another, and whether corroboration is required. In the course of their submissions the Defense referred to and analysed judicial precedents from the ICTY and the ICTR and rebutted arguments made by Prosecutor Tureen Afroz on 31 March 2013. The Defense also referred to the text Archbold: International Criminal Courts Practice, Procedure and Evidence and some domestic cases.

The Defense stated that their final arguments would take a total of four days. They requested that the court accommodate their proposed timeline.

Charge 1
Evidentiary and Factual Arguments
The first Charge against Kamaruzzaman pertains to the killing of Badiuzzaman. The charge is supported only by the testimony of Prosecution witnesses 4, Fakir Abdul Mannan, and 6, Dr Md Hasanuzzaman, both of whom are hearsay witnesses.  The Defense argued that there are fundamental discrepancies between the two witnesses’ testimonies and the findings of the Investigation Officer. The Defense stated that these discrepancies and inconsistencies go to the very root of the Prosecution’s case. The testimony of these witnesses has been used to establish the Prosecution’s allegations about the purpose of Badiuzzaman’s visit to Ahammed Member’s House at Badiu where he was abducted, the presence of Pakistan Army at the time of abduction, Ahammed Member’s position during the Liberation War, the mode of Badiuzzaman’s arrest, and the identification of Kamaruzzaman.

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