Tag Archives: malafide intent

22 August 2013: ICT-2 Daily Summary – Khan & Mueen Uddin PW 16, Alim Cross-Examination of PW 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

In the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, who are being jointly tried in absentia, the Tribunal heard the testimony of Prosecution witness 16. Both the examination-in-chief and cross-examination were completed today. The testimony of Prosecution witness 16 supports Charge 6, which alleges that they were responsible for the abduction and killing of Professor Gias Uddin Ahmed, among other intellectuals.

In the case against Abdul Alim the Defenst resumed its cross-examination of the Investigation Officer, Prosecution witness 35. The Defense’s questioning focused on the investigation procedure followed by the Officer and the authenticity of various documents submitted into evidence.  Continue reading

23 June 2013: ICT-1 Daily Summary – Chowdhury Testifies as DW 1

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

Today the Tribunal heard the fifth day of testimony from Defendant Salauddin Qader Chowdhury, testifying as Defense witness 1. The witness testified that political persecution is an occupational hazard for politicians in Bangladesh, more so for politicians with a populist image and holders of elective office. He testified that during the Caretaker Government’s rule following the military coup of January 2011 (popularly known as 1/11), many politicians were persecuted through theof  filing spurious charges aimed at debarring them from elections or holding elective office. Chowdhury stated that the current persecution of populist leaders is only a continuation of similar objective pursued by the 1/11 “bandits,” i.e. to debar populist politicians from contesting elections.  Continue reading

Weekly Digest Issue No. 2 January 27-31

This week’s proceedings were dominated by the completion of Closing Arguments in the Sayedee case, heard by Tribunal 1. The Defense presented legal arguments regarding delay in prosecution, malafide intent, the elements of the crimes, and the value of out-of-court statements admitted into evidence under Section 19(2) of the ICT Act. The Prosecution submitted its reply and requested the death penalty against the Accused. The case is now under review and awaiting the Tribunal’s judgment.

Tribunal 2 had a light week, primarily dealing with administrative and evidentiary applications. They additionally heard arguments in pending contempt proceedings.

Read the full report here: Weekly Digest Issue No. 2 – Jan 27-31 

29 Jan 2013: ICT-1 – Sayedee Prosecution’s Final Reply

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Professor Gholam Azam: Defense request for adjournment (Accused not Present)
  2. Chief Prosecutor vs. Mir Qasem Ali: Announcement of date for submission of formal charges or progress report
  3. Chief Prosecutor vs. Delwar Hossain Sayedee: Prosecution’s Reply to Defense Closing Arguments (Accused Present)
  4. Chief Prosecutor vs. Salauddin Qader Chowdhury: Rejection of review applications and hearing of application to allow Chowdhury to attend Parliament

Today the Defense Counsel for Gholam Azam sought adjournment for the day. The request was allowed and the case was adjourned for the day.

In the case against Mir Qasem Ali, which is still in the investigation stage, the Tribunal fixed March 3, 2013 for the submission of either the Formal Charge or a Progress Report of the investigation.

In the Sayedee case the Prosecution finished its reply to the Defense’s closing arguments and requested the death penalty. Thereafter, Tribunal officially closed the case, announcing that the case would be under consideration until verdict was issued. The Tribunal will give notice to both the Prosecution and Defense as to when the Judgment will be ready.

In the Chowdhury case the Tribunal rejected the Defense’s application, filed January 24, requesting contempt proceedings to be issued against the Daily Jugantor, its editor and publisher Salma Islam, and staff reporter Swapan Dash Gupta.  The Tribunal also summarily rejected two review applications filed by the Defense requesting review of two orders. They reasoned that the applications for review were not filed within 7 days of the orders, dated 3 December 2012 and 14 January 2013 respectively, and were therefore barred. The Defense also filed an application requesting that Chowdhury be allowed to attend a session of Parliament. The Tribunal heard the application and fixed January 30, 2013 for passing its order.

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