Today the Tribunal heard matters in the following cases:
- Chief Prosecutor vs. Salauddin Qader Chowdhury: Request for Adjournment
- Chief Prosecutor vs, Gholam Azam: Prosecution’s Reply to Defense Closing Arguments, Defense Rebuttal
Because today was fixed for the Prosecution’s reply in the Gholam Azam case, Ahsanul Huq Hena, Defense counsel for Salauddin Quader Chowdhury, requested adjournment of the Chowdhury case until 21 April 2013. The Tribunal adjourned the proceedings for the day and scheduled the case to be heard tomorrow, 18 April 2013.
Today in the Gholam Azam case the Tribunal heard the Prosecution’s reply to the Defense’s Closing Arguments. Prosecutors Sultan Mahmud Simon, Turin Afroz and Haider Ali submitted arguments. After the completion of Prosecution’s submissions the Defense was given 25 minutes for their rebuttal. After hearing both sides the Tribunal officially took the case under consideration awaiting verdict.
Prosecutor Sultan Mahmud Simon began by arguing that counsel for the Accused had presented only one theory of defense, being that Gholam Azam had supported Pakistan during the Liberation War with the purpose of maintaining the unity of Pakistan. Simon questioned whether such support could be considered lawful after Bangladesh’s declaration of independence on 26 March 1971. The Prosecution submitted that the Tribunal must consider the entirety of the case against Gholam Azam in light of the historical events of 1971. He submitted that Prosecution proved each element of the alleged crimes through sufficient oral and documentary evidence. The Prosecution also asserted that paragraph 6 of the Formal Charge discussed the Doctrine of Superior Responsibility. Prosecutor Simon read out sections 9, 10, 16 and 19 of the ICT Act of 1973 and talked about judicial notice.
The Tribunal Chairman asked whether the Prosecution had exhibited the documents (including some reports published in international media regarding the atrocities committed in Bangladesh in 1971) referred to in the Formal Dharge. The Prosecution replied that seven books had been submitted and that the Tribunal had been asked to take them under judicial notice. The Defense dissented and claimed that the Prosecution did not exhibit the documents that the Tribunal is specifically requesting.
The Prosecution argued that Gholam Azam supported Pakistan despite being aware of the atrocities committed by the Pakistani army on 25 March 1971. Prosecutor Simon referred to ‘Jibone Ja Dekhalm’ (Exhibit-H) and also submitted that the atrocities committed by the Pakistani occupation forces were known internationally at the time. The Prosecution claimed that the Defense failed to produce a single document showing that Gholam Azam criticized the atrocities committed by the Pakistani occupation forces. Prosecutor Simon claimed that this proves Gholam Azam’s involvement in and support for the atrocities. Continue reading