Tag Archives: Tribunal 1

26 Feb 2013: ICT 1 Daily Summary – Gholam Azam Prosecution Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Disposition on Defense Applications, Prosecution Closing Arguments

Defense Applications
On 17 February 2013 Tajul Islam, Defense Counsel of Gholam Azam filed three applications. One application was for permission to either call General Sir Jack Deverell and Professor William Schabas as expert witnesses, depose these witnesses via video link, or to submit their expert reports into evidence pursuant to Rule 46A of the International Rules of Procedure 2010. Defense also filed another application for bail. On 20 February 2013 Tribunal heard these two applications along with another application filed by the Defense requesting permission inspect the record of orders. Today (26 February 2013) passed order regarding these three applications.

Regarding the application for two foreign witnesses Tribunal passed an order rejecting the application and stated that Tribunal already expressed its views at the time of recording of evidence. Tribunal further stated that the recording of evidence has already been completed and the case is now at the stage of Closing Arguments. The court did allow the Defense to submit the expert witness reports though it was unclear whether they would be accepted as exhibits or simply for reference by the Judges.

The Tribunal rejected the bail application, which was filed on medical grounds, stating that Gholam Azam has received adequate medical attention and that the nature of the charges against him and the stage of the trial do not allow for him to be set free on bail. The Tribunal further directed the authorities at Bangabandhu Sheikh Mujib Medical University to take all necessary steps to provide him proper treatment.

Regarding the inspection of record of orders Tribunal stated that a Defense Counsel will be allowed to inspect the record for an hour in front of two bench officers.

Closing Arguments
Thereafter, Tribunal heard the closing arguments of Prosecution side for 7th consecutive day. Prosecutor Sultan Mahmud Simon submitted arguments in support of Charge No 4 (complicity) incidents 13 through 23 counts. The Tribunal then adjourned the proceedings until February 27, 2013.  Continue reading →

25 Feb 2013: ICT-1 Daily Summary – Gholam Azam Closing Arguments

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Gholam Azam: Prosecution Closing Arguments (Accused Not Present)
  2. Chief Prosecutor vs. Mubarak Hossain (Accused Not Present)

In the Gholam Azam case the Tribunal heard the Prosecution’s closing arguments for the 6th consecutive day. Prosecutor Sultan Mahmud Simon submitted arguments in support of Charge 3 (incitement) from counts 26 to 28 and Charge 4 (complicity) for counts 1 through 13. Thereafter, Tribunal adjourned the proceedings until February 26, 2013.

The Prosecution submitted the Formal Charges against Mubarak Hossain but the matter was not argued or presented in open court. Continue reading →

Weekly Digest: Issue 4 – February 10-14, 2013

This week’s digest details the ongoing progress of the Gholam Azam, Nizami, and Chowdhury cases in Tribunal 1. The Tribunal also heard matters regarding the ongoing investigations against Abdus Shobhan and Mubarak Hossain. In the Gholam Azam case the Prosecution completed its cross-examination of Defense witness 1 and the Tribunal scheduled February 17th for Closing Arguments, despite requests from the Defense for more time to produce additional witnesses. In the Chowdhury case the cross-examination of Prosecution witness 17 took place in-camera, and direct and cross-examination of Prosecution witnesses 19 and 20 was completed. The Nizami case experienced delays, as Defense counsel were unable to reach the Tribunal due to ongoing violence in the Palton neighborhood of Dhaka (where their offices are located).

Tribunal 2 heard the cross-examination of the Investigating Officer in the Kamaruzzaman case, who appeared in Court as Prosecution witness 18. In the  Mujahid case The Defense also cross-examined Prosecution witness 1. In the Abdul Alim the Defense cross-examined prosecution witness 10. The Tribunal additionally granted additional time to Home Minister Mohiuddin Khan Alamgir to respond to contempt proceedings against him.

Read the full report here: Weekly Digest, Issue 4 – Feb 10-14

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

20 Feb 2013: ICT-1 Daily Summary – Gholam Azam Closing Arguments, Nizami Cross-Examination of PW 2

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs Gholam Azam: Applications, Closing Arguments (Accused Not Present)
  2. Chief Prosecutor vs Motiur Rahman Nizami (Accused Present)

In the Gholam Azam case the Defense submitted three applications. In the first they requested permission for the appearance of foreign expert witnesses General Sir Jack Deverell and Professor William Schabas, either in person or via video link. Alternatively the Defense requested that the Tribunal accept their expert reports into evidence under Rule 46(A) of the Rules of Procedure for the ICT. The Defense additionally filed another application for bail, stating that Gholam Azam is over 90 years old and is in poor physical condition. They claim that he is not receiving proper treatment in the prison cell of the hospital. Finally, the Defense submitted an application requesting permission to inspect the record of orders. The Defense does not receive all orders passed by the Tribunal automatically and stated that they needed to review the record in order to make sure that they had requested the necessary orders. The Tribunal then heard the Prosecution’s closing arguments for the 4th day. The Prosecution focused on Charges 2, and 3.

In the Nizami case the Tribunal heard an application filed by the Prosecution requesting permission to submit additional documents relating to Charge 16 and other charges. The Defense objected that there is no scope to augment reports after investigation, since Tribunal took cognizance base on complete investigation report. The Defense also stated that they did not receive the investigation reports. Thereafter, Defense Counsel Mizanul Islam cross-examined PW-2, Zahir Uddin Jalal alias Bichchu Jalal. The Tribunal then adjourned the proceeding of Nizami case until March 6, 2013.

Continue reading →