Tag Archives: Qader Molla

10 December 2013: ICT-2 Daily Summary – Hartal Coverage of Abdul Quader Molla, Supreme Court Sentence Received and Warrant of Execution Issued; AKM Yusuf, Examination of PW-17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla
  2. Chief Prosecutor vs. AKM Yusuf

Due to ongoing unrest and blockades, our researcher was unable to be physically present in court this day.  Accordingly, our coverage was compiled from direct communication with the Tribunal and the Parties to the proceedings.

Today the ICT received the case record of Chief Prosecutor vs. Abdul Quader Molla from the Appellate Division of the Supreme Court, along with the Appellate Division’s full Judgment and Order, dated 17 November 2013, in the appeal against conviction (Criminal Appeal Nos. 24-25 of 2013) from Abdul Quader Molla. In its Judgment, the Supreme Court, which is the highest court of appeal, converted the sentence from imprisonment for life, conferred by ICT-2, to “sentence of death.”

The Tribunal also recorded testimony today from PW-17 in the case against AKM Yusuf.

Judgment of the Appellate Division of the Supreme Court of Bangladesh

Following the Judgment and sentencing passed on 5 February 2012 by ICT-2 against Abdul Quader Molla, the State filed Criminal Appeal No. 24 of 2013 seeking enhancement of the sentence from life imprisonment, and appealing against an order of acquittal that had been issued in respect of Charge 4. The Defense filed Criminal Appeal No. 25 of 2013 appealing against conviction of Quader Molla.

The Appellate Division unanimously found in favor of the State’s Appeal, and elected by a 4 to 1 majority to change the sentence from imprisonment for life to death. The Appellate Court further set aside the order of acquittal on Charge 4, instead finding the Accused guilty of the charge, and sentencing him to life imprisonment on that count.

The Appellate Division unanimously dismissed the Defense appeal against conviction on Charge 6, and held by a 4 to 1 majority that the conviction and sentence passed in respect of Charges 1, 2, 3 and 5 should be maintained.

A full copy of the judgment of the Appellate Division of the Supreme Court can be accessed here: Abdul Quader Molla-SC Appellate Division Judgment

Warrant of Execution of Passed

Upon receiving the Appellate Division’s full judgment, ICT-2 instructed the Registrar of the Tribunal to immediately issue a Warrant of Execution on the death sentence. It ordered the Registrar to ensure quick transmission of the Warrant of Execution to the prison authority, directing the Registrar to return the warrant to the Tribunal with an endorsement certifying that the sentence has been executed. The Court also ordered that the Judgment and Order of the Appellate Division be transmitted to the Dhaka District Magistrate and the Secretary of Ministry of Home Affairs for information and necessary compliance with the law.

A copy of the “Warrant of Execution”, issued by ICT-2 can be accessed here: Death warrant of Abdul Quader Molla

Switching cases, ICT-2 moved on to recording the examination-in-chief of PW-17 in the case against AKM Yusuf, after the cross-examination of PW-16 was closed because senior defense counsel was absent, once again. Continue reading

Weekly Digest: Issue 3 – February 3-7 2013

This week was dominated by the second Judgment of the ICT, issued by Tribunal 2 in the case of Chief Prosecutor vs. Abdul Qader Molla. The Judgment was issued on February 5th. The Accused was found guilty of 5 of 6 charges, all counts of crimes against humanity. Closing arguments in the case were completed on January 17, 2012. The Judgment was issued less than three weeks after the close of the case. Qader Molla was sentenced to life imprisonment. This report contains detailed analysis of the verdict and the factual and legal conclusions contained within it.

Tribunal 1 heard matters in the Gholam Azam, Nizami, and Chowdhury cases as well as a request from The Economist for additional time to respond to contempt proceedings related to its publication of the alleged Skype and email conversations between the former Chairman and expatriate Bangladeshi lawyer, Ahmed Ziauddin. In addition to issuing the Qader Molla Judgment, Tribunal 2 also dealt with ongoing contempt proceedings against Home Minister Mohiuddin Khan Alamgir and BNP leader MK Anwar, and issued an Order to Jamaat to explain comments made by its Central Executive member and Assistant Secretary General of Dhaka or face contempt.

Read the full weekly report here: Weekly Digest, Issue 3 – Feb 3-7

17 Feb 2013: ICT-2 Daily Summary – Contempt Proceedings vs. Ziauddin, Qader Molla Application for Review

Today the Tribunal heard the following matters:

  1. Chief Prosecutor vs. Abdul Alim: Request to adjourn due to illness of the Prosecutor (Accused Not Present)
  2. Contempt Proceedings vs. Dr Ahmed Ziauddin: (Accused Not Present)
  3. Chief Prosecutor vs. Qader Molla – Application for Review, Request for Certified Copies of Order for Appeal (Accused Not Present)

Today the the Prosecution in the Alim case requested adjournment for the day because the lead prosecutor is ill and in the hospital. The court then addressed contempt proceedings against Ahmed Ziauddin, the expatriate Bangladeshi lawyer alleged to have been involved in the skype and email conversations with former Tribunal 1 Chairman, Nizamul Hoque. The Tribunal also summarily rejected Qader Molla’s application for review of the 5 February 2013 Judgment. Thereafter they heard a request from Qader Molla’s Defense counsel for certified copies of orders from the court for purposes of preparing his appeal. Continue reading

Weekly Digest, Issue No. 1 – January 20-24, 2013

This is the first issue of the Weekly Digest, a summary of proceedings at the International Crimes Tribunal that will be published on a weekly basis. These reports are designed to provide an overview of events in a digestible manner, suitable to those who want to stay abreast of the proceedings but do not have the time to follow the Daily Summaries.

This week the Tribunal issued its first verdict, the judgment in the Case of Chief Prosecutor vs. Abul Kalam Azad, alias Bachu. The Defendant was tried in absentia by Tribunal 2, and found guilty of six counts of crimes against humanity and one count of genocide. He was sentenced to death by hanging. Tribunal 1 primarily heard the Defense’s closing arguments in Chief Prosecutor vs. Delwar Hossain Sayedee. The Tribunal additionally addressed applications for the removal of Prosecutor Zead al-Malum among other matters.

Read the full report:

Weekly Digest, Issue 1 – Jan 20-24

Contents of Weekly Digest Issue No. 1
Cases Covered:
Tribunal 1: Sayedee, Nizami, Golam Azam, Chowdhury
Tribunal 2: Kalam Azad, Mujahid, Kamaruzzaman, Qader Molla, Abdul Alim

Applications and Orders:
Tribunal 1: Application for Removal of Prosecutor Zead al-Malum; Application for Contempt Proceedings against Ahmed Ziauddin; Application for Review of Order Denying Retrial; Application for Extension of Bail;

Tribunal 2: Final Judgment; Contempt Proceedings against MK Anwar and Sranjit Sen Gupta; Witness Testimony

Read the full report here:

Weekly Digest, Issue 1 – Jan 20-24

5 Feb 2013: ICT-2 Daily Summary – Qader Molla GUILTY verdict

Today Tribunal 2 issued the second verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Abdul Qader Molla who was tried on 6 counts of Crimes Against Humanity.

The Tribunal found Qader Molla GUILTY on 5 of 6 Charges. He was found NOT GUILTY of Charge 4. The court sentenced Qader Molla to 15 years imprisonment for Charges 1, 2, and 3. They sentenced him to life imprisonment for Charges 5 and 6.

Tribunal’s Summary of Judgment available here: Summary of Molla Judgment
Full Judgment available here: Qader Molla Full Judgement

Continue reading

4 Feb 2013: ICT-2 Daily Summary – Adjournment and Announcement of Upcoming Verdict in Qader Molla Case

The Tribunal 2 only convened for a very brief morning session, stating that it will not hear the scheduled cases. There was a “hint” that the Tribunal might deliver its second judgment the following day.

The Registrar of the International Crimes Tribunal, Mr AKM Nasiruddin Mahmud,  officially announced on Monday at 1:30 pm that the Tribunal-2 has fixed Tuesday, 5 February 2013 to issue the verdict in the case of Abdul Qader Molla. The closing arguments for the case were concluded last month on 17 January 2013.  Following its maiden judgment in the case of Abul Kalam Azad, alias Bachchu , passed on 21 January 2013, this shall mark the second judgment by this Tribunal. Tribunal 2 is comprised of f Justice Obaidul Hassan as the Chairman, Justice Mozibur Rahman Miah and Judge Md. Shahinur Islam.

It remains to be seen whether the judgment of the Azad case will be treated as judicial precedent to be followed in other ICT verdicts.

Under Section 21(1) of the International Crimes (Tribunal) Act 1973, defendants who are convicted by the Tribunal have the right to appeal before the Appellate Division of the Supreme Court of Bangladesh within 30 days from the date of conviction. The prosecution will have right to appeal against acquittal under Section 21(2) of the ICT.

15 Jan 2013: ICT 2 Daily Summary – Qader Molla, Alim, Mujahid

The Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Quader Molla – Defense closing arguments  (Accused Present)
  2. Chief Prosecutor vs. Abdul Alim– Examination of Prosecution Witness (Accused Present)
  3. Chief Prosecutor vs. Ali Ahsan Muhammad Mujahid – Examination of Prosecution Witness (Accused Present)

In the case of Qader Molla the Defense continued its closing arguments, attacking the prosecution’s evidence in support of charges 5 and 6. In particular they attacked the credibility of witnesses who had testified in support of the charges. The Tribunal urged them to complete their arguments and stated that they would only have one hour during tomorrow’s session to do so.

In the case against Mujahid, the Prosecution conducted its examination-in-chief of their 12th witness, who provided testimony in support of Charge 7, pertaining to the killing of the witness’ brothe,r Biren Shaha, along with 8 to 9 others from the Hindu community on 13 May 1971.

Finally, in the case against A.M.Alim, the Prosecution conducted its examination-in-chief of their 9th witness, Jahidul Islam, who testified in support of Charge 6, pertaining to the killing of Abdus Salam and nine others in early May 1971, as the victims were fleeing the conflict on their way to India.

To read in more detail please continue reading here: Continue reading