Tag Archives: Tribunal 1

25 July 2013: ICT-2 Daily Summary – Alim Prosecution Witness 35

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim

In the case against Abdul Alim. the Prosecution called the Investigation Officer, Mr ZM Altafur Rahman, as Prosecution witness 35. The Investigation Officer testified about his findings and stated that the accused played a central role in committing atrocities as the Chairman of Jaipurhat Peace Committee, which acted as an auxiliary force of the Pakistani Army.  He referred to documentary evidence collected during the investigation as being incriminating of Alim. These documents include several books that have been exhibited in addition to documents and newspapers seized by the Investigation Officer and enumerated on the Seizure List. Cross-examination was scheduled for a later date.

Demeanor of the Court
A junior member of the Defense informed the Tribunal that senior counsel Ahsanul Huq Hena, who has been cross-examining the witnesses, is ill. The Defense requested a long adjournment until Hena is able to fully recover. The Tribunal was critical of the request and noted that this sort of delay, on a regular basis, is tantamount to obstruction of justice. The Tribunal noted that there have been frequent requests for adjournment based on  either the illness of a Defense counsel or that of the Accused. They stated that such requests will not be entertained and that the Defense must complete the cross-examination between 29 July to 1 August 2013. The Judges stressed that the trial will continue at its pace without such delays, save in exceptional instances.

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.

24 July 2013: ICT-1 Daily Summary – Nizami PW 15, Chowdhury Defense Application and DW 4

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Motiur Rahman Nizami

In the Nizami case the Tribunal heard the examination-in-chief and cross-examination of Prosecution witness 15, Aminul Islam Dablu.

In the Chowdhury case the Tribunal had scheduled today as the deadline for producing Defense witnesses 4 and 5, Salman F Rahman and Shamim Hasnain. However, the Defense filed an application stating that they were facing difficulties in producing the witnesses and requested that the Tribunal allow another Defense witness, Abdul Momen Chowdhury, to testify in place of Salman F Rahman. The Prosecution opposed the application, noting Abdul Momen Chowdhury’s name did not appear in the original list of 1153 witnesses submitted by the Defense. They argued that section 9(5) of the ICT Act states that if the Defense intends to rely upon witnesses, the list of witnesses must be submitted before the Tribunal and the Prosecution at the commencement of the trial. The Prosecution additionally submitted that there is no scope under the ICT Act of 1973 or the Rules of Procedure to allow alternative witness. After hearing both the sides, the Tribunal verbally granted the Defense’s application and asked the Defense if they would be able to produce the witness by 12 pm. The Defense agreed and the witness testified and was cross-examined by the Prosecution. After concluding the cross-examination, the Defense requested that the Tribunal allow them to produce Shamim Hasnain (on of the 5 DWs) on 28 July. However, the Tribunal passed an order and stated that the examination-in-chief of Defense witnesses has been concluded. They noted that they provided two additional opportunities for the Defense to produce the witness and that they did not now find any new ground for reconsideration. The Tribunal finally scheduled 28 July for the beginning of the Prosecution’s Closing Arguments and 31 July for the beginning of the Defense Closing Arguments.  Continue reading →

22 July 2013: ICT-1 Daily Summary – Mobarak Hossain Adjournment, Nizami Cross-Examination of PW 14

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Moboarak Hossain
  2. Chief Prosecutor vs. Motiur Rahman Nizami

In the  Mobarak Hossain case the Tribunal was scheduled to hear the cross-examination of Prosecution Witness 6, Abdul Malek, who testified in support of charge 5. However, Hossain’s Defense counsel was absent when the item was called before the bench. After waiting half an hour the Tribunal stated that the Defense’s absence was unsatifisfactory. They passed an order scheduling the 28 July for the examination-in-chief of Prosecution Witness 7, instead of fixing a date for the cross-examination of Prosecution Witness 6, Abdul Malek.

In the Motiur Rahman Nizami case, the Defense completed the cross-examination of Prosecution witness 14, Abdus Salim Latif, who testified in support of charges 7 and 9. Thereafter, Tribunal adjourned the case until 24 July 2013. Continue reading →

21 July 2013 ICT-1 Daily Summary – Chowdhury DW 3 cross-examination; Nizami PW 14

Today the Tribunal hear matter in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury
  2. Chief Prosecutor vs. Mobarak Hossain
  3. Chief Prosecutor vs. Motiur Rahman Nizami

In the Salauddin Qader Chowdhury case, the Prosecution completed cross-examining Defense Witness 3, Qayyum Reza Chowdhury. The Tribunal also heard an application filed by Defense requesting the admission of 55 additional documents. Having heard both sides the Tribunal passed an order. The  Defense then verbally requested adjournment and Tribunal  set 23 July for examination-in-chief of Defense Witness 4.

In the Moborak Hossain case today was fixed for the cross-examination of Prosecution Witness 6, Abdul Malek, who is to testify in support of charge 5. However, the Tribunal adjourned the proceedings of the case until tomorrow, 22 July 2013.

In the Motiur Rahman Nizami case, the Tribunal heard the examination-in-chief of Prosecution witness 14, Abdus Salim Latif, who testified in support of charges 7 and 9. The Tribunal then adjourned the case until tomorrow, 22 July 2013. Continue reading →