Tag Archives: Mujahid

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

2 April 2013: ICT-2 Daily Summary – Hartal, Mujahid Prosecution Witness, Kamaruzzaman Closing Arguments

Today due to security concerns relating to the hartal our researchers were unable to attend proceedings. The following summary is compiled from media sources and conversations with the Defense and Prosecution.

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ali Ahsan Mohammed Mujahid
  2. Chief Prosecutor vs. Mohammed Kamaruzzaman

Due to the hartal Tribunal 2 convened only for a brief session of an hour and a half.  The examination-in-chief of the Investigation Officer in the Mujahid case was completed. The witness affirmed his prior testimony regarding his investigation findings that the accused acted as the President of Faridpur District Islami Chatra Shangha (ICS) during the pre-liberation and Liberation War periods. The witness also stated that the Accused later became the President of Islami Chatra Shangha’s Dhaka Unit, subsequently becoming Secretary and then President of East Pakistan ICS. The witness also submitted further documentary evidence before the Tribunal. The witness is scheduled to be cross-examined by the Defense on 7 April 2013.  

Kamaruzzaman’s case was also listed in the day’s daily cause list. The learned Senior Advocate for the defense Barrister Abdur Razzaq previously informed the tribunal that he would present the Defense’s Closing Arguments, and had therefore requested accommodation of his schedule as he his also representing Gholam Azam in Tribunal 1. Today Razzaq was not present due to the Hartal. Although the Tribunal adjourned the proceedings for the day due to his absence, it was stressed that the Tribunal would terminate the Defense’s arguments if counsel continues to be absent. In such an event, the Tribunal stated the Defense would only be entitled to submit written arguments. Unlike Tribunal 1, no cost sanction for non-attendance has been imposed on the senior counsel by Tribunal 2. 

Weekly Digest Issue 7: 3-7 March

This week’s Weekly Digest follows Tribunal 1’s progress in the Gholam Azam case where the Defense continued its Closing Arguments. Additionally, the report contains a summary of witness testimony in the Salauddin Qader Chowdhury case. The Tribunal also formally took cognizance of the charges against Mubarak Hossain and ordered that he be detained in jail this week.

Turning to Tribunal 2, the report details developments in the Mujahid, Kamaruzzaman, and Alim cases and additionally addressed several ongoing contempt proceedings. In the Mujahid case the Tribunal disposed of three Defense applications and heard the direct examination of Prosecution witnesses 14, 15 and 16. In Kamaruzzaman the Tribunal heard testimony from Defense witnesses 1, 2 and 3. In the case of Abdul Alim they heard testimony from Prosecution witness 12. Finally the court dealt with ongoing contempt proceedings against Jamaat leaders, the Daily Shongram, and MK Anwar.

Please read the full report here: Weekly Digest, Issue 7 – March 3-7

Weekly Digest Issue 6: February 24-28

We apologize that we are slightly behind in our weekly digests of the proceedings. Due to limited staff and unforeseen obstacles, including hartals, we have had some delays in our coverage. Our daily summaries are up to date and we hope to have our weekly digests up to date shortly as well. Thank you for your patience.

Please find below our Weekly Digest Issue 6, covering the week of February 24-28. This week was dominated by the announcement of the verdict in Chief Prosecutor vs. Delwar Hossain Sayedee on 28 February 2013, in which Sayedee was found guilty of 8 charges and sentenced to death. For a detailed report on the Judgment against Sayedee please see our Special Issue Report, available here.

In addition to issuing the Sayedee Judgment, Tribunal 1 also continued to hear the Prosecution’s Closing Arguments in the Gholam Azam case, and the Prosecution submitted Formal Charges against Mubarak Hossain. Tribunal 2 heard proceedings in the Kamaruzzaman, Abdul Alim and Mujahid cases, as well as contempt proceedings.

The Weekly Digest is accessible here: Weekly Digest, Issue 6 – Feb 24-28

 

20 March 2013: ICT-2 Daily Summary – Adjournement in Kamaruzzaman and Mujahid, Alim Cross-Examination of PW 13

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Kamaruzzaman – Extension of Time for Production of DW
  2. Chief Prosecuor vs. Mujahid: Adjournment
  3. Chief Prosecutor vs Abdul Alim: Cross-Examination of PW 13

The case against Mujahid was listed for the hearing of the Defense review application and for the examination of the prosecution witness. However, the Defense counsel requested adjournment of court due to the death of one attorney’s mother. The Prosecution did not object to the same and the court adjourned the matter till Sunday, 24 March 2013.

In the Kamaruzzman case the Defense also sought additional time as the Defense witness could not be presented before the court. The Defense counsel said that they could not produce the witness because travel into Dhaka from Sherpur was not possible due to the hartals. The Tribunal adjourned the matter for one day and ordered that the witness be produced on 21 March 2013. At this point, the Tribunal expressed its dissatisfaction for the repeated requests for additional time from the D, particularly with regard to the timely production of Defense witnesses. The Defense argued often granted the Prosecution similar adjournments, and had even given 24 days of additional time for the production of PW-12. Thus they argued that there is an imbalance between the court’s attitudes toward the two parties and that the Defense were being prejudiced. The Tribunal rejected this argument and stated that because the onus to establish an independent case lies with the Prosecution and not the Defense, the Tribunal granted the Prosecution additional time. They said the Defense cannot be allowed to delay the proceeding by referring to such examples.

Finally, in the case Abdul Alim, the defense cross-examined PW-13. Prosecution witness 13 is the nephew of PW 2 Laily Begum and is the grand child of martyr Doctor Abul Kashem, who according to the Prosecution’s case was killed on 25July 1971 in Kuthibari at the instruction of Abdul Alim. The witness was examined by the prosecution on Sunday, 17 March 2013.

Continue reading