Tag Archives: 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.

26 May 2013: ICT-1 Daily Summary – Mir Qasem Ali Cognizance of Charges, Nizami PW 9, CHowdhury, PW 41,

Today due to a nation-wide hartal our researchers were unable to attend proceedings. The following summary has been compiled from media sources and conversations with the Defense and the Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mir Qasem Ali
  2. Chief Prosecutor vs Motiur Rahman Nizami
  3. Chief Prosecutor vs Salauddin Qader Chowdhury  

On 26 May 2013, the Tribunal took Cognizance of the charges against Mir Qasem Ali and fixed June 27 for hearing arguments for and against framing the order.

In the Nizami case, the Tribunal heard the examination-in-chief of Prosecution witness 9, Aynul Haque. Thereafter, the Tribunal adjourned the proceedings of the case until tomorrow, 27 May 2013.

In the Chowdhury case, the Tribunal heard the examination-in-chief of Prosecution witness 41, Investigation Officer Md Nurul Islam. The Tribunal then adjourned the proceedings of the case until 28 May 2013.

Chief Prosecutor vs Motiur Rahman Nizami
Md Aynul Haque, Prosecution witness 9, testified in support of charge no 2. The charge alleges that Nizami conspired to commit crimes under section 3(2)(g) of the Act, resulting in murders, rapes and deportation of victims as Crimes Against Humanity. He is  charged under section 3(2)(a) and 3(2)(g) read with Section 4(1), providing for accomplice liability and section 4(2), providing for command responsibility.  Continue reading →

24 April 2013: ICT-2 Daily Summary – Qasem Ali, Contempt Proceedings, Chowdhury Prosecution Witnesses 29 and 30.

Today due to a nation-wide hartal our researchers were unable to attend proceedings. Our coverage is compiled from media sources and conversations with the Defense and Prosecution.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Mir Quasem Ali : Investigative Report
  2. Contempt Proceedings against The Economist
  3. Chief Prosecutior vs Salauddin Quader Chowdhury: Prosecution Witnesses 29 and 30

The Prosecution  submitted its progress report regarding the investigation into Mir Qasem Ali. They requested an additional two-weeks to prepare the Formal Charge. The Tribunal scheduled the submission for 9 May 2013.

In  the ongoing contempt proceedings against the Economist, Barrister Mustafizur Rahman Khan sought two weeks additional time on behalf of the Defendants. The Tribunal fixed 14 May for hearing the reply of the South Asian Bureau Chief and Chief Editor.

Today the Prosecution also conducted its examination-in-chief of Prosecution witness 29, Shubol , and  Prosecution witness 30, Md Nazim Uddin. Thereafter, Defense counsel Ahsanul Huq Hena began the cross-examination of Prosecution witness 29. The Tribunal adjourned the case until 25 April 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury: Prosecution Witness 29 and 30
Prosecution Witness 29
Today the Prosecution called witness 29, Shubol. The witness testified in support of Charge 2 which alleges that Salauddin was involved in the murder of Poncha Bala Sharma, Shunil Sharma, Joti Lal Sharma, Dulal Sharma and Dr Makhon Lal Sharma and in the injury of Joyonta Kumar Sharma. It is alleged that these acts of murder and injury were committed with the intent to destroy the members of the Hindu religious group in whole or in part ,which was considered Genocide under section 3(2)(c)(i) and 3(2)(c)(ii). Continue reading →

3 – 4 March 2013: ICT 1 and 2 Daily Summary – Brief Summaries Due to Hartal

A three day hartal has been called in Bangladesh. For safety reasons our researchers are unable to attend proceedings on hartal days. We have compiled the following brief summary from media coverage and communication with the Defense and Prosecution.

TRIBUNAL 1 SUMMARY

3 March 2013
Investigation of Mir Quasem Ali

On March 3, 2013 Prosecutor Sultan Mahmud Simon submitted the progress report of the Investigation of Mir Quasem Ali and sought two months time to submit the formal charge. The Tribunal fixed April 24 for the submission of the formal charge.

Quasem Ali was brought to the ICT but was not produced before the Tribunal during the hearing.

Chief Prosecutor vs. Gholam Azam
The Defense sought adjournment on behalf of Gholam Azam. Prosecutor Zead-al-Malum opposed the petition. The Tribunal rejected the Defense petition and asked the Prosecution to continue their Closing Arguments. Thereafter the Prosecution submitted their the Closing Arguments for the 9th day.

4 March 2013:
Chief Prosecutor vs. Salauddin Quader Chowdhury
March 4 was fixed for recording the testimony of Prosecution witness 21; however, Prosecutor Zead-al-Malum submitted that the Prosecution could not produce the witness today. Thereafter the Tribunal adjourned the proceedings of the Salauddin Quader Chowdhury’s case until 12 March 2013.

Salauddin Quader Chowdhury was brought to the ICT but was not produced before the Tribunal.

 Contempt Proceedings against the Economist
On December 6, 2012 Tribunal 1 issued a notice asking them the Economist to show cause why contempt charges should not be brought against South Asian bureau chief Adam Roberts and the chief editor of the London based weekly. The Tribunal accused them of interfering with the ongoing trial and violating the privacy of a judge in conjunction with the alleged Skype controversy. The Economist was initially asked to reply within three weeks. On 3 February 2013 the Tribunal fixed 4 March 2013 for the submission of the Economist’s reply. On 4 March 2013 Barrister Mustafizur Rahman submitted that he has not yet received the written reply from his clients and sought two weeks additional time to submit the reply. The Tribunal accepted his prayer and fixed 25 March 2013 for the next hearing.

Chief Prosecutor vs. Gholam Azam
The Prosecution placed their arguments on legal points in the Gholam Azam case and completed their Closing Arguments. Thereafter, the Tribunal asked the Defense to begin their closing arguments, but no senior defence counsel was present at the Tribunal. A junior Defense counsel sought one week adjournment for preparation, however, the Tribunal fixed 7 March 2013 for Defence closing arguments.

TRIBUNAL 2 SUMMARY
[We are compiling a summary of events in Tribunal for this week and will post information once it is complete]

Weekly Digest Issue No. 2 January 27-31

This week’s proceedings were dominated by the completion of Closing Arguments in the Sayedee case, heard by Tribunal 1. The Defense presented legal arguments regarding delay in prosecution, malafide intent, the elements of the crimes, and the value of out-of-court statements admitted into evidence under Section 19(2) of the ICT Act. The Prosecution submitted its reply and requested the death penalty against the Accused. The case is now under review and awaiting the Tribunal’s judgment.

Tribunal 2 had a light week, primarily dealing with administrative and evidentiary applications. They additionally heard arguments in pending contempt proceedings.

Read the full report here: Weekly Digest Issue No. 2 – Jan 27-31