Tag Archives: Nizami

20 May 2013: ICT-1 Daily Summary – Nizami PW 8, Mubarak Hossain PW 1

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Chief Prosecutor vs. Mobarak Hossain

In the Motiur Rahman Nizami case the Tribunal heard the examination-in-chief and cross-examination of Khalilur Rahman, Prosecution witness 8. Thereafter, Tribunal adjourned the proceedings until tomorrow, 21 May 2013.

In the Mobarak Hossain case the Tribunal heard the examination-in-chief of Darul Islam, Prosecution witness- 1. The Tribunal then adjourned until tomorrow.

Chief Prosecutor vs. Nizami
Prosecution Witness 8
Khalilur Rahman, Prosecution witness 8, testified in support of Charge 6. Under the Charge it is alleged that on 27 November 1971 Nizami and members of the Razakars and Pakistani military raided the house of Dr Abdul Awal and other adjacent houses in Dhulaura village. The charge further alleges that after the Pakistani army left, Nizami and his accomplices caught 22 survivors who they killed at the bank of the Ishamoti River. Nizami is charged for his involvement in murder as a Crime Against Humanity under Section 3(2)(a) of the ICT Act and section 4(1) and 4(2) of the ICT Act 1973.

Examination-in-Chief
Khalilur Rahman testified that in the middle of June he left for India to receive training as a freedom fight. He testified that he returned to Sujanagar, of Pabna, Bangladesh and stayed there 2 or 3 days. After that, at 12 or 12:30 on 27 November 1971, the witness said he took shelter at the house of Dr Abdul Awal located in Dhulaura village in the jurisdiction of Sathia police station. Khalilur testified that at about 3:30 am he heard the sounds of Army boots. He opened the window and saw Nizami, other Razakars and members of the Pakistani occupation force coming towards their house (where they took shelter). He testified that then he opened a North-facing door and went outside. He testified that then he began hearing the sounds of shooting people moving. He heard someone yelling at people to put their ‘hands up.’ Continue reading →

12 May 2013: ICT-1 Daily Summary – Hartal, Nizami PW 7, AKM Yusuf Cognizance of Charges

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Motiur Rahman Nizami 
  2. Chief Prosecution vs AKM Yusuf

In the Nizami case the Tribunal heard the examination-in-chief of Prosecution Witness 7, Pardip Kumar Dev, who testified in support of charge 4. This charge alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act 1973 and was complicit in murders, rapes, looting and destruction of properties committed in the village Karamja,  The charge alleges both accomplice liability under Section 4(1) and Command Responsibility liability under Section4(2) of the ICT Act 1973.

Pardip testified that during the killing he saw Sukur, Afzal, Asad, and Moslem Gong at the site of the  incident. He stated he could not recall whether he was interviewed previously by the Investigating Officer. After asking a few question during which the witness did not implicate the Accused, Prosecutor Mir Iqbal requested permission to declar Pradip Kumar Dey as a hostile witness. The Tribunal granted the request and allowed the Prosecutor to continue as though cross-examining the witness. The Prosecution then suggested that the witness was interviewed by the Investigation Officer on  6 November 2011 and that he accused Motiur Rahman Nizami and Rofiqun Nabi of being involved in the killing. The witness answered that he does not remember the interview. The Prosecution then suggested that he saw Nizami at the site of the alleged killing but is now denying the fact because of financial coercion from the Defense. The witness denied the suggestion. Subsequently the Defense declined to cross-examine the witness.

Today the Tribunal additionally  took cognizance of the Formal Charges submitted against AKM Yusuf and issued a warrant for the suspect’s arrest .They requested that law enforcement  produce AKM Yusuf by 26 May 2013.

AKM Yusuf was produced before the Tribunal in the afternoon and the Tribunal sent him  to the jail to be detained until trial. The decision to send him to jail was made in-chambers.

5 May 2013: ICT-1 Daily Summary – Nizami Defense Petitions

Today the Tribunal heard matters in the following matters;

1. Chief Prosecutor vs. Motiur Rahman Nizami

The Tribunal heard arguments from the Defense regarding two petitions filed on 2 May 2013. The first requested medical treatment for Motiur Rahman Nizami and the second sought admission of additional documents as exhibits.

A Junior Defense counsel submitted that Motiur Rahman Nizami suffers from diabetes and arthritis which have recently increased due to his journey from Dhaka to Chittagong (he is also accused of another case filed in Chittagong). Therefore he requested access to physiotherapy. The Tribunal granted the petition and requested the jail authorities to provide him treatment in Hospital when necessary.

The Defense then submitted arguments in support of their request to exhibit additional documents showing media interviews given by Prosecution witness 6, Shahjahan Ali. Prosecutor Mir Iqbal Hossain opposed the petition and submitted that section 9(5) of the ICT Act 1973, allowing for the admission of such documents, is only applicable at the time of commencement of trial not in this stage of proceedings. Thereafter, Tribunal rejected the petition.

Weekly Digest Issue 11: March 31- April 4

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

This week Tribunal 1 dealt with the Motiur Rahman Nizami, Salauddin Qader Chowdhury, and Gholam Azam cases. In the case against Nizami the Defence cross-examined Prosecution witness 3, Rustom Ali Mollah. In the case against Salauddin Qader Chowdhury the Tribunal heard both the examination-in-chief and cross-examination of Prosecution witness 24, Babul Chakraborty. Gholam Azam’s Defence counsel continued their Defence Closing Arguments, addressing the conspiracy allegations under Charge 1, as well as legal arguments on incitement. Proceedings were delayed by hartals and the absence of Defense counsel.

In Tribunal 2, the Court heard the Prosecution’s Closing Arguments in the Kamaruzzaman case, during which they addressed evidentiary issues including hearsay, and legal arguments about the standard of complicity and under the doctrine of Superior Responsibility. Due to the hartal on 2 April, ICT 2 convened only briefly to allow the Prosecution to complete their examination-in-chief of the Investigation Officer in the Mujahid case. On 3rd April the Defence began its presentation of Closing Arguments in the Kamaruzzaman case, addressing factual issues in Charges 1-3 and responding to the legal issues raised by the Prosecution during their Closing Arguments.

The full report of this week’s proceedings can be read here: Weekly Digest, Issue 11 – March 31- April 4

30 April 2013: ICT-1 Daily Summary – Chowdhury PW 31, Nizami PW 6

Today the Tribunal heard matters in the following cases:

Chief Prosecutor vs Salauddin Qader Chowdhury: Examination-in-Chief and Cross-Examination of Prosecution Witness 31, Accused Present

Chief Prosecutor vs Motiur Rahman Nizami: Examination-in-Chief and Cross-Examination of Prosecution Witness 6, Accused Present

Today the Tribunal heard the cross-examination of Prosecution witness 31, Shujit Mohazon, in the case of Salauddin Qader Chowdhury. Shujit testified in support of Charge 6, which alleges Genocide and deportation as a Crime Against Humanity. The case was then adjourned until 2 May 2013. In the Nizami case the Prosecution conducted the examination-in-chief of Prosecution Witness 6, Shahajahan Ali. The witness testified in support of Charge 6, which alleges murder as a Crime Against Humanity. The Defense began their cross-examination but did not complete their questioning before the end of the day. The Tribunal adjourned the case until 2 May 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Shujit Mohazon testified as Prosecution witness 31 in support of Charge 6. Chowdhury is accused of  committing offense of Genocide under section 3(2)(c )(i), 3(2)(3 )(ii) and deportation as Crimes Against Humanity under section 3(2)(a) of the ICT Act.

Cross-Examination
The Defense began by asking Shujit Mohazon about his profession. Shujit stated that he he is a shopkeeper and received his trade license from the Union Council. The Defense suggested that the Mohazon name is known as being involved with determining interest rates in Chitagong. The witness said he did not know anything about such business.

The Defense then asked the witness about Bozlur Rahman road. Shughit that the road was visible from his house but that he did not see any army vehicles on the road on the day of the incident on that day.

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