Tag Archives: Kamaruzzaman

Weekly Digest 10: March 24-28

We apologize for the delay in publishing this week’s digest.

The Tribunal was in recess on 26 March 2013 in honor of Bangladesh’s independence day. Additionally, opposition parties declared hartals on the 27th and 28th of March. Therefore our coverage of those days is gathered from media sources as well as discussions with the Defense and Prosecution. Our researchers are unable to attend proceedings on hartal days due to security concerns.

Tribunal 1:
Proceedings in Tribunal 1 continued to center on the Defense’s Closing Arguments in the Gholam Azam case this week, with counsel completing their submissions regarding factual issues and Charge 5. Senior Defense counsel Abdur Razzaq is scheduled to present arguments on legal issues and Charges 1-4 next week. In the Salauddin Qader Chowdhury case the Defense cross-examined Prosecution witnesses 22 and 23. Additionally, The Tribunal heard Chowdhury’s Defense application for police escort to the Tribunal on hartal days.

Tribunal 2:
Tribunal 2 dealt with two cases this week. In the Kamaruzzaman case, Defense witness 5 completed providing testimony, and the Prosecution began Closing Arguments. The Tribunal also heard testimony from Prosecution witness 17, the Investigating Officer, in the Mujahid case.

Please read the full report here: Weekly Digest, Issue 10 – March 24-28

16 April 2013: ICT-2 Daily Summary – Kamaruzzaman Prosecution Reply to Defense Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammad Kamaruzzaman – Prosecution Reply – Closing Arguments

Our summary of the Prosecution’s reply to the Defense’s Closing Arguments in the Kamaruzzaman case is forthcoming. We are consulting Prosecution documents to make sure that our coverage is detailed and accurate. Please check back here for the full length post which we will publish shortly.

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

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Muhammed Kamaruzzaman: Final Defense Closing Arguments

The Defense for Muhammad Kamaruzzaman presented the last of their Closing Arguments for the case. Defense counsel Ehsan Siddique began the submission on behalf of the Accused, Kamaruzzaman. Senior Defense counsel Abdur Razzaq appeared and informed the Tribunal that he would resume his portion of the submission after the lunch break. The Defense highlighted five weaknesses of the Prosecution’s case: 

  •  Evidentiary weakness of Charges 2, 3, 4, 5, 6 and 7.
  • Contradictory witness testimony 
  • Inconsistencies between courtroom witness testimony and original statements to the Investigating Officer
  • Credibility issues
  • Failure to Fulfill Requirements of Doctrine of Command Responsibility

Defense counsel Ehsan began his submission with arguments on further legal points involved in Charge-2. He then addressed inconsistencies and contradictions in the witness testimony and documentary evidence submitted in support of Charges-3, 5, 6, and 7.

After lunch, Abdur Razzaq made some final closing remarks regarding Charge 2 before turning to Charge 4.  He identified and outlined the substantial contradictions between the testimonies of the relevant witnesses. The Defense argued that the Prosecution has primarily relied on oral evidence and did not produce a lot of documentary evidence. Razzaq stated that given numerous inconsistencies and contradictions, the testimony of the Prosecution witnesses leaves too much doubt for a conviction to be justified. The Defense claimed that Kamaruzzaman has been targeted solely because of his political affiliations.

Charge-2:
Definition of “Other Inhumane Acts” as Crimes Against Humanity
Defense counsel Ehsan Siddique claimed that the charge of complicity in Charge-2 has not been proven beyond reasonable doubt. He submitted that the term “other inhumane acts” is not a catch-all category and cannot be used to include any type of action not otherwise enumerated within the statute. He cited to the ICTR Trial Chamber’s decision in The Prosecutor v Clement Kayishema and Obed Ruzindana, para 583, states that the category should not be utilized by the Prosecution as an all-encompassing, “catch-all” term.

Continue reading →

11 April 2013: ICT-2 Daily Summary – Kamaruzzaman Adjournment

Due to an ongoing nation-wide hartal our researchers were unable to attend proceedings today. The following brief summary 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. Muhammed Kamaruzzaman

Today the Tribunal adjourned the Kamaruzzaman case for the fourth consecutive day due to the absence of the senior Defense counsel. The Defense stated that the senior counsel were unable to attend due to personal difficulties resulting from the hartal.  The Chairman of the Tribunal reiterated that the Defense has been granted the right to use law enforcement if necessary on Hartal days. The judges stated that absence amounts to obstruction of the judicial process. Furthermore, the Tribunal noted that given the present political situation, hartals are becoming more frequent. Therefore the Tribunal cannot continue to adjourn proceedings and would close the Defense’s case if they fail to attend on upcoming hartal days. 

10 April 2013: ICT-2 Daily Summary – Alim Examination-in-Chief of Prosecution Witness 15, Kamaruzzaman Adjournment

Due to a nation-wide hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and conversations with the Defense and the Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim
  2. Chief Prosecutor vs. Muhammed Kamaruzzaman

Examination in Chief of Alim Prosecution Witness 15
In the Alim case the Prosecution called Prosecution witness 15, Mozammel Hossain. The witness is allegedly the survivor of an assault mission in Jaipurhat. The witness testified that at least 22 Awami League supporters were killed during the and assault conducted by the Pakistani Army during the 1971 Liberation War. Hossain stated that the Pakistani Army acted based on a list of targets provided by the Accused, Abdul Alim, who happened to be a veteran Muslim League leader and Peace Committee member at that time.  The witness claimed that the alleged list contained his name. He said that the attack was directed against local Awami League supporters at the time. Hossain alleged that such supporters were first taken from their village mosque to the nearby village of Birala where they were lined up. People whose names did not appear on the list were released while the rest were taken to Chakpahananda village. There they were tortured and killed. The witness was one of the survivors.  While describing the atrocities the witness showed the court scars from his injuries.

Kamaruzzaman Adjournment due to Absence of Defense During Hartal
Kamaruzzaman’s case was also listed in the daily cause list. Mr Abdur Razzaq, the senior Defense counsel for the accused was again absent due to the ongoing hartal. A junior counsel appearing on behalf of the Accused informed the Tribunal that the senior counsel is unable to attend proceedings on hartal days.  The case was therefore adjourned.