Tag Archives: Verdict

Special Issue Report: Close Examination of the Sayedee Judgment

We are releasing the first of our Special Issue reports, a series which will cover both the legal and factual conclusions of the Tribunal as expressed in case verdicts, and other topically relevant legal issues.

This report examines the Judgment in Chief Prosecutor vs. Delwar Hossain Sayedee, which was issued on 28 February 2013. Through this report We have attempted to distill the major conclusions expressed by the Tribunal into a digestible format. This report does not contain critical analysis of the legal merits of the judgment. The report simply is meant to facilitate broader access to and understanding of the ICT’s proceedings.

Access the full report here: Special Issue No. 1 – Sayedee Verdict

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

Weekly Digest, Issue No. 1 – January 20-24, 2013

This is the first issue of the Weekly Digest, a summary of proceedings at the International Crimes Tribunal that will be published on a weekly basis. These reports are designed to provide an overview of events in a digestible manner, suitable to those who want to stay abreast of the proceedings but do not have the time to follow the Daily Summaries.

This week the Tribunal issued its first verdict, the judgment in the Case of Chief Prosecutor vs. Abul Kalam Azad, alias Bachu. The Defendant was tried in absentia by Tribunal 2, and found guilty of six counts of crimes against humanity and one count of genocide. He was sentenced to death by hanging. Tribunal 1 primarily heard the Defense’s closing arguments in Chief Prosecutor vs. Delwar Hossain Sayedee. The Tribunal additionally addressed applications for the removal of Prosecutor Zead al-Malum among other matters.

Read the full report:

Weekly Digest, Issue 1 – Jan 20-24

Contents of Weekly Digest Issue No. 1
Cases Covered:
Tribunal 1: Sayedee, Nizami, Golam Azam, Chowdhury
Tribunal 2: Kalam Azad, Mujahid, Kamaruzzaman, Qader Molla, Abdul Alim

Applications and Orders:
Tribunal 1: Application for Removal of Prosecutor Zead al-Malum; Application for Contempt Proceedings against Ahmed Ziauddin; Application for Review of Order Denying Retrial; Application for Extension of Bail;

Tribunal 2: Final Judgment; Contempt Proceedings against MK Anwar and Sranjit Sen Gupta; Witness Testimony

Read the full report here:

Weekly Digest, Issue 1 – Jan 20-24

5 Feb 2013: ICT-2 Daily Summary – Qader Molla GUILTY verdict

Today Tribunal 2 issued the second verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Abdul Qader Molla who was tried on 6 counts of Crimes Against Humanity.

The Tribunal found Qader Molla GUILTY on 5 of 6 Charges. He was found NOT GUILTY of Charge 4. The court sentenced Qader Molla to 15 years imprisonment for Charges 1, 2, and 3. They sentenced him to life imprisonment for Charges 5 and 6.

Tribunal’s Summary of Judgment available here: Summary of Molla Judgment
Full Judgment available here: Qader Molla Full Judgement

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4 Feb 2013: ICT-2 Daily Summary – Adjournment and Announcement of Upcoming Verdict in Qader Molla Case

The Tribunal 2 only convened for a very brief morning session, stating that it will not hear the scheduled cases. There was a “hint” that the Tribunal might deliver its second judgment the following day.

The Registrar of the International Crimes Tribunal, Mr AKM Nasiruddin Mahmud,  officially announced on Monday at 1:30 pm that the Tribunal-2 has fixed Tuesday, 5 February 2013 to issue the verdict in the case of Abdul Qader Molla. The closing arguments for the case were concluded last month on 17 January 2013.  Following its maiden judgment in the case of Abul Kalam Azad, alias Bachchu , passed on 21 January 2013, this shall mark the second judgment by this Tribunal. Tribunal 2 is comprised of f Justice Obaidul Hassan as the Chairman, Justice Mozibur Rahman Miah and Judge Md. Shahinur Islam.

It remains to be seen whether the judgment of the Azad case will be treated as judicial precedent to be followed in other ICT verdicts.

Under Section 21(1) of the International Crimes (Tribunal) Act 1973, defendants who are convicted by the Tribunal have the right to appeal before the Appellate Division of the Supreme Court of Bangladesh within 30 days from the date of conviction. The prosecution will have right to appeal against acquittal under Section 21(2) of the ICT.

Abul Kalam Azad Guilty Verdict

Today Tribunal 2 issued the first verdict of the Bangladesh International Crimes Tribunal. The verdict was issued against Abul Kalam Azad, also known by his alias “Bacchu”, who has been tried in absentia.

The Tribunal found Kalam Azad GUILTY on 7 of 8 Charges. He was found NOT GUILTY of Charge 2. Six of the guilty verdicts were for crimes against humanity and one was for genocide. Referencing the gravity of the crimes of genocide and murder as a crime against humanity, the court sentenced Kalam Azad to death by hanging for Charges 3,4,6 and 7. For Charges 1,5,8 the Tribunal stated that Kalam Azad was deserving of imprisonment. However, because of the death sentence issued the Tribunal did not stipulate any further terms of imprisonment.

The pdf can be obtained by clicking here: Kalam Azad Judgment (Summary) 21.01.13

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21 Jan 2013: First Verdict Expected for Abul Kalam Azad “Bachu”

The Registrar of the International Crimes Tribunal, Mr AKM Nasiruddin Mahmud officially announced yesterday after ICT-2’s brief morning session that the Tribunal-2 has fixed Monday, 21.01.2013 to pronounce the verdict in the case of Abul Kalam Azad aka Bacchu Rajakar. This shall mark the maiden judgment in cases involving the trial of accused for their alleged crimes against humanity during the period of Bangladesh’s War of Liberation in 1971.

The Tribunal issued an arrest warrant against Abul Kalam Azad on 3 April 2012. On 2 September 2012, the Prosecution submitted formal charges against this former leader of Islami Chhatra Sangha, the then student wing of Jamaat-e-Islami, accusing him of 10 counts of Crimes against Humanity. Unlike the other senior members of his party now facing trial, Azad’s trial has been carried out in absentia. Azad absconded when allegations of war crimes were leveled against him. Accordingly, on 7 October 2012 the tribunal appointed Abdus Sukur Khan, an advocate of the Supreme Court to act as the state appointed defense counsel.

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