Tag Archives: persecution

13 June 2013: ICT-2 Daily Summary – Alim PW 24

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the Alim case the Prosecution called Prosecution witness 24, Bhagirath Chandra Barman, to testify. After the completion of the examination-in-chief the Tribunal scheduled his cross-examiantion for 16 June 2013. Barman testified as an eye-witness.

Examination-in-Chief
He is a relative of multiple victims. He provided his personal his details. He then stated that Alim was the chairman of Jaipurhat Peace Committee, which he claimed was an auxiliary force to the Pakistani Army. He stated that Alim was assisted by the Pakistani Army and the local Peace Committee members in committing the killings.

The witness stated that on a Monday, approximately in the second week of the Bengali month of Boishakh,1971, the Pakistani Armi entered the village of Kadipur accompanied by local Peace Committee members. Upon seeing them arrive the witness claimed he ran towards his home and then attempted to escape towards the north along with his family members. However, before they could manage to escape, members of the Peace Committee and the Pakistani Army surrounded them.  The witness stated that around 50 to 55 people of the local community were gathered near the bank of a pond located to the east of the witness’s house. The pond is locally known as “Dom Pukur.” The witness stated that the Peace Committee members then segregated the men from the women and took them to the slant of the pond. Continue reading

16 May 2013: ICT-2 Daily Summary – Mujahid Prosecution Closing Arguments

The Prosecution presented their key legal arguments in the case against Mujahid. Prosecutor Afroz addressed a range of legal issues in conjunction Charges 1, 2, 4, 6 and 7. A written outline of the arguments was provided as reference for the Tribunal. The Defense counsel objected because the cover photograph of the outline showed numerous skulls. The Defense argued that such a picture is unnecessary, inappropriate and prejudicial. The Prosecution disagreed, claiming that there is nothing in the law or rules of procedure prohibiting such photographs. The judges agreed with the Prosecutor’s submission, adding that such a photograph will neither be detrimental nor advantageous to the case against the accused and will have no impact on the judicial process.

Prosecutor’s Arguments:
The Prosecution presented arguments on the following issues:

  1.  Legal argument on the absence of victims’ dead body.
  2. Legal argument on ‘extermination ‘ in contrast to ‘murder’.
  3. The doctrine of superior responsibility and how it has been established by the evidence admitted.
  4. Evaluation of documentary evidences and further evaluation of the charges.

The Actus Reus of Murder and Necessity of Victim’s Body as Evidence (relevant to Charges 1 and 5)
The Prosecution began by emphasizing that the bodies of the victims in Charges 1 and 5 were recovered. She argued that the actus reus, of murder requires that the Prosecution prove that the killing itself occurred. Where the body is not found or recovered the killing remains unproved, resulting in the failure of the Prosecution’s case. In this case, Prosecutor Afroz argued that the Defense cannot claim that the actus reus in Charges 1 and 5 has not been proven by reason of failure to find the body of the victims. Continue reading

16 April 2013: ICT-1 Daily Summary – Nizami Examination-in-Chief of PW 4, Abdus Sobhan Submission of Investigation Progress Report

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami
  2. Investigation of Moulana Abdus Sobhan

In the Nizami case the Prosecuttion and Defense respectively conducted the examination-in-chief and cross-examination of Prosecution witness 4, Habibur Rahman Habib. The case was then l adjourned until 18 April 2013.

In the ongoing Investigation of Moulana Abdus Sobhan the Prosecution a progress report.

Chief Prosecutor vs. Nizami – Prosecution witness 4
Today the Tribunal heard testimony from Prosecution witness 4, the former freedom fighter Habibur Rahman Habib.

Prosecution’s Examination-in-Chief
Habibur Rahman Habib first testified about his personal details, including his profession, family, and education. He stated that in 1971 he was Zilla Muktijuddha Commander, the Pabna district commander of freedom fighters. The witness claimed that until 10 April 1971 Pabna had been free from Pakistani occupation. On 11 April 11 the Pakistani forces took control of Pabna. The witness stated that he, his elder brother Shahidullah and as many as 300 or 400 students fled to India. In India he took shelter at Kachuadanga Camp in Shikarpur. Later he went to Deradun with a 45 member team where they received 45 days of training. Then they left Deradun to return to Pabna.

Habib testified that while in India he learned that Moulana Kasimuddin, the headmaster of the Pabna Zilla School, had been killed. The witness stated that he had been close friends with Shibli, the son of Moulana Kasimuddin. The night of 19 August 1971 Habib said he went to meet Shibli to convey his sympathies and Shibli told him the story of his father’s murder.

Habib testified that Shibli told him that on 4 June 1971 his father, Moulana Kasimuddin, told the family members that he would not be safe in his house because Motiur Rahman Nizami had made a list of people to be killed and Kasimuddin’s name appeared on the list. Kasimuddin attempted to hide himself and boarded a bus from Tematha. However some Jamaat leaders identified him on the way and handed him over to the Pakistani Army. Habib testified that Kasimuddin was then taken to the Nurpur army camp. Shibli told Habib that his father was physically and mentally tortured at the camp. Shibli told him that his mother, brother and sisters went to Nurpur camp and begged for the life of Kasimuddin. Shibli also said that his family members begged Nizami for mercy and asked him to free Kasimuddin. Shibli told Habib that in reply Nizami told Kasimuddin’s wife “Tell your husband to give training to the freedom fighters.” Habib testified that Kasimuddin had given training to students with dummy rifles during the Oshohojog Movement at Pabna Zila School. Continue reading