Tag Archives: Tribunal 2

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

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