Tag Archives: Mir Qasem Ali

25 July 2013: ICT-1 Daily Summary – ATM Azharul Islam Cognizance of Charges, Mir Qasem Ali Defense Applications

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against ATM Azharul Islam
  2. Pre-trial Proceedings against Mir Qasem Ali

Today in pre-trial proceedings against suspect ATM Azharul Islam the Prosecution submitted the Formal Charge before the Tribunal. The Tribunal passed an order taking cognizance of the Formal Charge and numbered the case as ICT BD Case No 5 of 2013. The Tribunal also directed the Prosecution to supply the Defense with all of the documents on which the Prosecution intends to rely, as well as the full list of proposed witnesses by the end of the day. They scheduled 18 August for hearing arguments regarding framing of the charges.

The Tribunal also heard an application filed by Alim’s Defense counsel requesting medically appropriate transportation of the suspect to and from the Tribunal. The Defense submitted that the ATM Azharul Islam suffers from back pain but is transported by prison van. The Prosecution objected saying that if such accommodation was made available to all it would create difficulties for the jail authorities due to the shortage of health friendly vehicles. The Tribunal passed an order directing the jail authority to provide ATM Azharul Islam health friendly vehicle if such vehicle is available to the prison authority.

In the pre-trial proceedings against suspect Mir Qasem Ali the Tribunal heard a Defense application seeking adjournment. The Defense submitted that they need privileged communication with their client Mir Qasem Ali. The Defense also requested legible copies of some Prosecution documents. The Tribunal rejected the request for adjournment but scheduled 28 July and 1 August from 10 am to 1 pm for privileged communication between the Defense and their client. They also directed the Prosecution to supply legible copies of the concerned documents if possible. They then heard the Prosecution’s submissions regarding the proposed charges against Ali.

The Prosecution submitted that until 6 November 1971, Mir Qasem Ali was the secretary of the Islami Chhatra Shangho Chittagong division. Between 6 November and 16 December 1971 they claimed that the Accused was also the general secretary of the Provincial Committee of the Islami Chhatra Shangho. They alleged that Mir Qasem was ‘Al-Badr high command.’ Most of the crimes allegedly committed under the leadership of Qasem Ali of took place at Dalim Hotel. The Prosecution briefly read out the 14 charges proposed against Mir Qasem Ali and stated that they had submitted the investigation report, a book titled ‘Muktijudder Potovumi’ vol- 1 and 2, witness statements, map of the place of occurrence, photos, and CDs in support of the charges. The charges are proposed under sections 3(2)(a), 3(2)(g), and 3(2)(h), indicating allegations of crimes against humanity; attempt, abetment or conspiracy; and complicity. The proposed charges are also framed indicating sections 4(1) and 4(2) as the relevant modes of liability, encompassing joint criminal liability and command responsibility respectively. Among the 14 charges proposed, charges 11 and 12 are for murder while the rest are for confinement, abduction, torture and other inhumane acts.

16 May 2013: ICT-1 Daily Summary – Mubarak Hossain Opening Statements and Mir Qasem Ali Formal Charge

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Mobarak Hossain
  2. Investigation of Mir Qasem Ali

In the Mobarak Hossain case the Prosecution submitted its opening statement. Prosecutor Zahid Imam read out a prepared statement describing Mobarak as the traitor of Akhaura. He described the role played by Jamaat-e-Islami, Islami Chattra Shangho (student wing of Jamaat-e-Islami), Peace Committee, Razakars, Al-Badr and Al-Shams from 25 March to 16 December 1971. The Prosecution alleged that Mobarak was the Razakar commander of Shohilpur, Brahmanbaria in 1971 and that he assisted the Pakistani army in the commission of atrocities.  The Tribunal fixed 20 May for hearing the testimony of Prosecution witness 1 and asked the Defense to submit all the documents, if any, they intend to rely on by 20 May 2013.

In the investigation of Mir Qasem Ali the Prosecution submitted the Formal Charge to the registrar with all relevant documents. The Tribunal fixed 26 May for its decision on whether to take cognizance of the charges.

Administrative Matters
Today the Tribunal warned the lawyer of Mubarak Hossain and Salauddin Qader Chowdhury for misleading the court. On 15 May, Defense Counsel Ahsanul Huq Hena informed the Tribunal that on 19 and 21 May, Salauddin was required to go to Chittagong in order to appear in cases pending there on those days. However the Tribunal stated that it had found out that Salauddin had a case only on 22 May.