Tag Archives: Tribunal 2

5 August 2013: ICT-2 Daily Summary – Qaisar Bail Application Granted

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Syed Mohammad Qaisar

Today Tribunal 2 granted bail to Mr Syed Mohammad Qaisar. This is only the second time either of the two Tribunals have granted bail to a suspect. Defendant Abdul Alim is also free on bail. All other suspects have been denied bail.

On 22 July 2013 the Tribunal had heard Qaisar’s bail application and instructed the jail authorities to submit a report on the availability of adequate health care facilities for the 73 year old war crimes suspect. Today the Tribunal announced that having reviewed the report it had reached the conclusion that the health of the detained suspect is such that he should be enlarged on bail, subject to strict adherence on his part to conditions imposed by the Tribunal. The following conditions apply to his bail:

  1. The suspect shall not communicate with any political leaders
  2. He shall refrain from making any comments to the media
  3. There shall be no form of intimidation of the potential witnesses of war crimes
  4. The suspect shall stay in his Banani residence and shall not go anywhere without prior permission of the tribunal
  5. He must cooperate with the investigation agencies
  6. A bail bond of Taka 1 Lac ( Taka 100,000) shall be submitted immediately on his behalf

The Tribunal warned that bail would be revoked if there was any violation of any of the conditions.

22 August 2013: ICT-2 Daily Summary – Khan & Mueen Uddin PW 16, Alim Cross-Examination of PW 35

Today the Tribunal heard matters in the following cases:

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

In the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, who are being jointly tried in absentia, the Tribunal heard the testimony of Prosecution witness 16. Both the examination-in-chief and cross-examination were completed today. The testimony of Prosecution witness 16 supports Charge 6, which alleges that they were responsible for the abduction and killing of Professor Gias Uddin Ahmed, among other intellectuals.

In the case against Abdul Alim the Defenst resumed its cross-examination of the Investigation Officer, Prosecution witness 35. The Defense’s questioning focused on the investigation procedure followed by the Officer and the authenticity of various documents submitted into evidence.  Continue reading

21 August 2013: ICT-2 Daily Summary – Ashrafuzzaman Khan & Chowdhury Mueen Uddin PW 15

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Ashrafuzzaman Khan & Chowdhury Mueen Uddin

Tribunal 2 heard the testimony of Prosecution witness 15 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. The testimony of the witness is relevant to Charge 6 of the case which alleges that the Defendants led a group of armed Al-Badr men in abducting Professor Gias Uddin Ahemed, Professor dr. Serajul Haque Khan, Dr. Md. Mortuja, Dr. Abul Khayer, Dr. Foyzul Mohiuddin, Professor Rashidul Hassan, Professor Anwar Pasha, and Professor Dr. Santosh Bhattacharrjee from their residences on Dhaka University campus. These victims are among the targets of the ‘intellectual killings’ that occurred just before the surrender of the Pakistani Army. The Defendants are charged with abduction as a crime against humanity, or in the alternative, with extermination as a crime against humanity, or in the alternative murder as a crime against humanity. Both modes of joint criminal enterprise and superior command responsibility are alleged as modes of liability. Continue reading

1 August 2013: ICT-2 Daily Summary – AKM Yusuf Charge Framing Order

Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. AKM Yusuf

The Tribunal formally read out its Charge Framing Order against the accused A.K.M Yusuf.

Background of the accused
AKM Yusuf, who is now 87 years old, was an active member of Jamiate-Talabee-e-Arabia during his student life and joined Jamaat-e-Islami in 1952. In 1957 he became the Chief of Jamaat’s Khulna Division, prior to becoming elected as a Member of National Assembly in 1962. He was then nominated as the Provincial Joint Secretary of Jamaat-e-Islami in 1969 and acted as the Deputy Amir of then East Pakistan Jamaat-e-Islam in the year 1971.

It is alleged that Yusuf was the Chairman of the Peace Committee of greater Khulna and formed Razakar forces in the sub-division, police station, and local union level in greater Khulna district. He was previously prosecuted and convicted under the Collaborators Order of 1972, soon after Bangladesh’s victory over Pakistani forces. However he was released following an amnesty issued by the government.

Procedural History & the Charge Framing Order
The Chief Prosecutor submitted the Formal Charge against AKM Yusuf on 28 April 2013, relying on the Investigation Report of the Investigation Agency. Tribunal 1 took cognizance of the offences on 12 May 2013 after finding a prima facie case against him and issued a warrant for his arrest. The Accused was arrested on 14 May 2013 and has been in custody since then. The case was transferred to Tribunal 2. Upon hearing the proposed charges read out by Prosecutor Mr Rishikesh Saha on 14 July 2013 and the Defense’s response on 24 July 2013, the Tribunal fixed today to issue the Charge Framing Order. The Chairman of Tribunal 2 read out the Charge Framing on behalf of the bench. The Judges stated that a previous sentence under the Collaborators Order of 1972 and the amnesty granted for convictions of such offences does not bar the Accused’s trial for the commission of Crimes Against Humanity or Genocide. They framed 13 Charges against AKM Yusuf, alleging actual commission, complicity and superior responsibility for Crimes Against Humanity and Genocide.

The full Charge Framing Order can be read here: AKM Yusuf Charge Framing Order

  • Charge-1: Abetting and substantially contributing to Persecution as a Crime Against Humanity for looting and burning 400 shops and houses at Morleganj. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-2: Abetting and substantially contributing to Genocide, or in the alternative Persecution as a Crime Against Humanity for the torture and killing of 50-60 civilians in the Hindu community of Ranjitpur village. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-3: Abetting and substantially contributing to Genocide, or in the alternative,  Persecution as a Crime Against Humanity at Morelganj Bazar locality. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-4: Abetting and substantially contributing to Genocide, or in the alternative, Persecution as a Crime Against Humanity for ordering Razakars to kill 600-700 Hindu civilians in Dakra village of Rampal, Bagherhat. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-5: Abetting and substantially contributing to Genocide, or in the alternative, Persecution as a Crime Against Humanity at Chulkuthi Bazar. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-6:  Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of civilians at Vasha Bazar under Kachua Police Station. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-7: Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of 40 Hindu civilians at Shakarikathi Bazar under Kachua Police Station. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-8: Abetting and substantially encouraging Razakars to commit Genocide, or in the alternative, Murder as a Crime Against Humanity for the abduction, detention, torture and killing of 40 Hindu civilians at Shakarikathi Bazar. Charged under Section 3(2)(c)(i)(h) and Section 3(2)(a)(g)of the ICT Act.
  • Charge-9: Abetting and substantially contributing to Murder as a Crime Against Humanity for the killing of Abu Bakar Siddique at Barukhali Razakar camp. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-10: Abetting and substantially contributing to Murder as a Crime Against Humanity for the murder of three unarmed freedom fighters at Raenda Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-11: Abetting and substantially contributing to Murder as a Crime Against Humanity of two unarmed freedom fighters at Tafalbari Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-12: Abetting the Murder of Dr Majid as a Crime Against Humanity at Morelganj Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.
  • Charge-13: Participating in and abetting the Murder of Abdus Salam as a Crime Against Humanity at Raenda Bazar. Charged under Section 3(2)(a)(g) of the ICT Act.

All the above counts contain charges under both Section 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1972, with exception to Charge-1 that contains charge under Section 4(1) only.

The Tribunal also rejected AKM Yusuf’s bail application, requiring him to be in jail custody during the trial. The trial is scheduled to commence on 5 September 2013 when the Prosecution will place its opening statement.

The full Charge Framing Order can be read here: AKM Yusuf Charge Framing Order

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

19 August 2013: ICT-2 Daily Summary – Khan and Mueen Uddin PW 13

Today the Tribunal heard matters in the following cases:

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

In the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin Tribunal 2 recorded the testimony of Prosecution witness 13, Professor Panna Kaesar, alias Saifun Nahar Chowdhury. Both the examination-in-chief and cross-examination were completed. The witness’ testimony supports Charge 9, pertaining to the killing of journalist Shahidullah Kaesar.

In the case against Abdul Alim, the Tribunal rejected a time petition moved by senior defense counsel Mr Ahsanul Haque Hena. However, the case was subsequently adjourned for the day since Ashrafuzzaman and Mueen Uddin’s case took longer than anticipated.

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