Tag Archives: trial in absentia

31 July 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 8, Alim adjournment

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

Today the  Tribunal recorded the testimony of PW-8 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. The testimony of Prosecution witness 8 supports Charge 3.  After hearing the witness’ testimony the Tribunal adjourned for the day as the Defense counsel for Alim submitted an application for additional time. The reason for the application was senior Defense counsel Ahsanul Haque Hena’s illness. He was present but had lost his voice and so was unable to conduct proceedings. The Tribunal adjourned the case until 4 August. Continue reading →

29 July 2013: ICT-2 Daily Summary – contempt proceedings, Ahsrafuzzaman Khan and Mueen Uddin PW 5 and 6.

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Prosecution Witness Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin

The Tribunal revisited the contempt proceedings against Jahir Uddin Jalal, who is accused of attacking a member of the Defense outside of the High Court. The Tribunal previously passed an order on the matter cautioning against his behavior without concluding that he in fact had attacked the Defense counsel. Jalal contested the order and stated that his lawyer had been acting without his consent in approving of such an order. The Tribunal therefore recalled the order and is rehearing the matter.  Jalal’s newly appointed counsel, Mr Kamrul Islam Siddiqui, made submissions on his behalf. Mr Abdur Razzak appeared on behalf of the petitioner, Defense counsel member Munshi Ahsan Kabir. The Tribunal heard both parties and then passed an order asking the Chief Metropolitan Magistrate to carry out an enquiry into the alleged incident.

Next the Tribunal turned the Ashrafuzzaman Khan and Chowdhury Mueen Uddin case, in which they recorded the cross-examination of Prosecution witness 5 and the examination of Prosecution witness 6.

Continue reading →

24 July 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order, Khan and Mueen Uddin PW 5, Alim PW

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against AKM Yusuf
  2. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  3. Chief Prosecutor vs. Abdul Alim 

Today Tribunal began by hearing a bail application on behalf of AKM Yusuf. The Defense presented arguments both regarding the necessity of bail, and the insufficiency of the charges proposed against AKM Yusuf by the Prosecution. They argued that the suspect should be discharged as the allegations against him are malafide and inspired by political motivations. The Tribunal also heard the Prosecution’s response. They  scheduled 1 August for issuing their order regarding bail and the potential framing of charges against the suspect. They instructed the jail authorities to submit a report on the availability of their medical facilities and their ability to meet the needs of the suspect while in custody.

The Tribunal then turned to the case of Ashrafuzzaman Khan and Chowdhury Mueen Uddin in which the Prosecution  called Prosecution witness 5 to testify in support of Charge 6. As the trials are being conducted in absentia,  state appointed Defense counsel Shukur Khan and Tuny will be allowed to conduct the cross examination at a later date on behalf of Ashrafuzzaman Khan and Chowdhury Mueen Uddin respectively.

In the Alim case the Tribunal rejected an application from the Defense requesting additional time due to the illness of senior Defense counsel Ahsanul Huq Hena. A junior Defense attorney stated that Hena is physically unwell and is undergoing treatment at the United Hospital. The Tribunal was critical of the delayed application and stated that it would briefly begin the examination of the Investigation Officer and would continue  it the following day. Thus the tribunal very briefly started recording the examination of the Io, but then fixed 25 July 2013 as the date for recording his entire testimony. Continue reading →

23 July 2013: ICT-2 Daily Summary – Contempt Proceedings, Ashrafuzzaman Khan and Mueen Uddin PWs 3 and 4.

23 July 2013: ICT-2 Daily Summary – Contempt Proceedings against Prosecution Witness, Ashrafuzzaman Khan and Chowdhury Mueen Uddin Cross Examination of PW 3

Today the Tribunal heard matters in the following cases:

  1. Contempt Proceedings against Jahir Uddin Jalal
  2. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Jahir Uddin Jalal, a Prosecution witness against whom contempt charges were brought after he allegedly physically assaulted a Defense attorney outside of the High Court, filed an application to recall the order passed by Tribunal on 21 July. The Tribunal’s order disposed of the the charge by cautioning the witness not to engage in similar behavior in the future, without concluding that the incident was definitively committed by him. Jalal opposed the order, alleging that he did not instruct his lawyer Monsur Rashid to propose such a disposal of the matter and that the lawyer had acted without his instruction. Jalal’s newly appointed counsel requested that the order be recalled. The Tribunal accepted the application and recalled the order, scheduling a rehearing of the matter for 29 July.

In the Khan and Mueen Uddin case the Tribunal heard the cross-examination of Prosecution witness 3 as well as the testimony of Prosecution witness 4. The case is scheduled to continue tomorrow, 24 July, with the testimony of Prosecution witness 5. Continue reading →

4 August 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 9, Alim cross-examination of Investigation Officer

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan and Chowdhury Mueen Uddin
  2. Chief Prosecutor vs. Abdul Alim

Tribunal 2 recorded the testimony of Prosecution witness 9 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. Both the examination-in-chief and cross-examination were completed on this day. The testimony of Prosecution witness 9 supports Charge 11 against the accused, pertaining to the killing of physician Dr Alim Chowdhury.

The court also made some progress in the case against Abdul Alim as it continued to record the cross-examination of ZM Altafur Rahman, the Investigation Officer for the case. So far, the Defense counsel has directed their line of questioning at highlighting inconsistencies in the investigation procedures followed by the Investigation Officer. The Tribunal adjourned Alim’s case until 5th August, 2013. Continue reading →