Tag Archives: war crimes tribunal

21 May 2013: ICT-2 Daily Summary – Abdul Alim PW 21

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – PW 21
  2. Contempt Proceedings Against Selim Uddin and Others

Today the Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness in the case of Abdul Alim. After the Prosecution completed their questioning the Defense requested adjournment for the day, seeking time to prepare his cross-examination. The Tribunal agreed and scheduled the cross-examination for the following day.

The Tribunal also adjourned the contempt proceedings against Jamaat-e-Islam leaders Selim Uddin, Hamidur Rahman Azad and Rafiqul Islam Khan after hearing a petition for additional time. It may be mentioned that the contempt proceedings were initiated by the Tribunal against the Jamaat-trio in February, following comments regarding the Tribunal made at a public engagement the day before the verdict in Qader Molla was issued. Selim Uddin is the only one of the three who has been produced before the court after being arrested. He has filed a separate written explanation through his lawyer. The other two have not been detained by the police, despite the Tribunal having issued an arrest warrant for them.

Chief Prosecutor vs. Abdul Alim
Mr Abdul Hamid Sakidar provided circumstantial evidence as Prosecution witness 21 in the case against Abdul Alim. During examination-in-chief by the Prosecution the witness testified that he was a resident of Sakidarpara during the war in 1971 and that he was 15 or 16 years old at the time. He testified that Abdul Alim was one of the key persons in the formation of the Peace Committee in the Jaipurhat area and acted as its chairman. Sakidar asserted that the Pakistan army killed many people and also burned villages in his area during the war. He stated that local collaborators were also part of these raids.

The witness claimed stated that Alim, along with Muslim League members and Jamaat activists, occupied the Shaon Lal Bazla Godighar (office) in his area. He stated that the Razakar forces were later trained in this godighar and that the Pakistani Army also located its camp there. The witness incriminated the accused by stating that the Pakistani army and the Razakars used to kill people at the instruction of Alim. Sakidar stated that eleven people from his locality were apprehended by the Pakistani Army and the Razakars, and that they were then taken to the north side of Baroghati Pond near Sakidarpara. These eleven people, whose faces were painted black, were then shot to death at Mr Alim’s instruction. Six of the dead bodies were buried under a mango tree thereby and five others were buried under a lychee tree at the south end of the pond.

The witness claimed stated that about after 4 to 5 months after Bangladesh declared its victory over Pakistan about 150 skeletons were recovered from that very pond.

The witness then positively identified the accused in the courtroom.

20 May 2013: ICT-2 Daily Summary – Abdul Alim PW 20

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Abdul Alim – Prosecution witness 20

Today the Prosecution called Prosecution witness 20 to give testimony in the case of Abdul Alim. His examination-in-chief was conducted by Mr Rana Das Gupta. The defense counsel Mr Ahsanul Huq Hena summarily concluded the cross-examination by asking one question.

Prosecution Witness 20: Mr Sardar Md Abdul Hafiz
Examination-in-Chief
The witness is 55 years old and is the brother of a former freedom fighter who has been missing since the war. The witness provided circumstantial evidence. He stated he was was 13 or 14 years of age in 1971. The Prosecution asked the witness about the elections of 1970. He testified that Dr Mofiz Chowdhury, Mr Abbas Ali Khan and Mr Abdul Alim participated in the election of 1970 and that  Chowdhury was elected as the Awami League candidate. He stated he does not remember the party that Alim had represented in the aforesaid parliamentary election.

The witness testified that two of his brothers, Sardar Md Abdul Wazed and Sardar Abdul Awal both joined the War of Liberation in 1971 as freedom fighters. He asserted that because of his brothers’ participation in the independence movement the Pakistani Army and local “Biharis” often raided their house. On 25 April 1971 he stated that two of his brothers, Sardar Abdul Majid and Sardar Abul Bashar, were shot and taken to his cousin Md Shamsul Alam Bashar’s house for shelter. On 26 April at around 9 am., the witness said he heard massive gunfire and arson taking place about one and a half miles away. Upon hearing the gunshots, the witness, his brothers and cousin went on to hide inside the house. Later at around 5 pm, they came out after the shooting had stopped.

The witness also testified that during the first week of September in 1971 he was in classes at Ramdeo Bazla High School when they began to hear shooting. The school head master Mr Moajjem Hossain told everyone to flee. The witness said that on his way back home he saw two trucks surrounded by Pakistani Army. He said that 11 young men were being held on those trucks and that their faces had been inked. After coming home, the witness’ mother asked him to check if his two brothers were in the truck. The witness went back to check but did not see them. The Pakistani Army then got in the trucks and rushed out of Faridpur by crossing its eastern boundary. The witness stated he did not know anything else that occurred. He stated that after the liberation war one of his brothers came home while the others never returned.

The witness claimed that he previously provided his full testimony to the Investigation Officer.

Cross-Examination
The Defense counsel only asked whether the Investigation Officer read out to the witness his recorded statement. The witness said that it had not been recorded.

Weekly Digest 10: March 24-28

We apologize for the delay in publishing this week’s digest.

The Tribunal was in recess on 26 March 2013 in honor of Bangladesh’s independence day. Additionally, opposition parties declared hartals on the 27th and 28th of March. Therefore our coverage of those days is gathered from media sources as well as discussions with the Defense and Prosecution. Our researchers are unable to attend proceedings on hartal days due to security concerns.

Tribunal 1:
Proceedings in Tribunal 1 continued to center on the Defense’s Closing Arguments in the Gholam Azam case this week, with counsel completing their submissions regarding factual issues and Charge 5. Senior Defense counsel Abdur Razzaq is scheduled to present arguments on legal issues and Charges 1-4 next week. In the Salauddin Qader Chowdhury case the Defense cross-examined Prosecution witnesses 22 and 23. Additionally, The Tribunal heard Chowdhury’s Defense application for police escort to the Tribunal on hartal days.

Tribunal 2:
Tribunal 2 dealt with two cases this week. In the Kamaruzzaman case, Defense witness 5 completed providing testimony, and the Prosecution began Closing Arguments. The Tribunal also heard testimony from Prosecution witness 17, the Investigating Officer, in the Mujahid case.

Please read the full report here: Weekly Digest, Issue 10 – March 24-28

9 April 2013: ICT-1 Daily Summary – Cross-Examination of Prosecution Witnesses 25 and 26

Due to a nation-wide hartal our researchers were unable to attend proceedings today. The following summary is compiled from media sources and Prosecution and Defense.

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The senior Defense Counsel for Chowdhury completed the cross-examination of Prosecution witness 25, Abu Taher Chowdhury, and Prosecution witness 26, Md Solaiman. See here for coverage of their examination-in-chief. Once the cross-examination was completed the Tribunal adjourned the case until 17 April 2013.

Cross-Examination of Prosecution Witness 25
The Defense questioned Abu Taher Chowdhury about personal details such as his schooling, national ID card, and memory of the location of the homes of UP Chairman Shamsu and Motaleb Chowdhury.  He was also asked about the victim, Saleh Uddin. He stated that in 1971 Saleh Uddin was a student of Chittagong University, but he did not know what year of studies the victim had completed at that time. The witness also could not say whether Saleh Uddin was a resident student at Alaol Hall of the Chittagong University or not.

The Defense asked Abu Taher about the political situation in 1971. He testified that he did not know whether the Muslim League was divided into three parts in 1971: the Kaiyum Muslim League, Council Muslim League and Convention Muslim League. He claimed that Shamsu Miah, Badsha Saudagar and Nurul Huda Qaderi Maizha Miah  were supporters of the Muslim League but did not know whether they supported the Kaiyum Muslim League in particular. The witness could not say whether Sultan Miah was the head of the Kaiyum Muslim League at that time. Continue reading →

8 April 2013: ICT-1 Daily Summary – Chowdhury Examination-in-Chief of PW 25 and 26

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Salauddin Qader Chowdhury

The Tribunal heard the Prosecution’s examination-in-chief of Prosecution witness 25, Abu Taher Chowdhury and Prosecution witness 26, Md Solaiman. After recording their testimony the Tribunal adjourned proceedings in the case until tomorrow, 9 April 2013.

Chief Prosecutor vs. Salauddin Qader Chowdhury
Examination-in-Chief of Prosecution Witness 25
The Tribunal first heard testimony from Prosecution witness 25, Abu Taher Chowdhury, a former freedom fighter. He testified that one morning at the end of July 1971 he learned that Saleh Uddin, house tutor of Abdul Motaleb Chowdhury, had been taken by Shamsu, a UP chairman of the nearby village, the Pakistani army and others. The witness stated that as a freedom fighter he tried to find out Saleh Uddin’s whereabouts and learned that Saleh Uddin had been taken to Fazlul Qader Chowdhury’s home at Goods Hill. Abu Taher also testified that he had planned to rescue Saleh Uddin, but that the plan was not practically possible. Therefore he went to the leaders of the Muslim League in his village, Badsha Miah Saudagar and Nurul Huda Qaderi, and asked them to help rescue Saleh Uddin. He testified that in the next day Badsha Miah Saudagar and Nurul Huda Qaderi went to Goods Hill at about 10 or 11 am and were able to bring him back. The witness testified that after Saleh Uddin returned he told them that Salauddin Qader Chowdhury and others beat him because he would not reveal the whereabouts of freedom fighters. Abu Taher testified that Saleh Uddin removed his Panjabi (long loose shirt) to show the injuries he had sustained. The witness stated that he was interviewed by the Investigating Officer on 1 July 2011. He identified Salauddin Qader Chowdhury in the dock.

Examination-in-Chief of Prosecution Witness 26
Prosecution witness 26, Md Solaiman, testified that Saleh Uddin had been staying at the house of Abdul Motaleb Chowdhury as a house tutor. Solaiman stated that at the end of July 1971 he learned that Saleh Uddin had been taken to Goods Hill by Shamsu, the Pakistani Army, and some Razakars. He testified that Harun, a student of Saleh Uddin, found out about his teacher’s abduction and went to Goods Hill along with Badsha Miah Saudagar and Shamsul Huda Maizha Miah. The witness said they were able to bring back Saleh Uddin from Goods Hill. Solaiman testified that after Saleh Uddin’s return, Solaiman and others went to visit Saleh Uddin and that he stated in front of everyone present that he had been persecuted based on the decision of Fazlul Qader Chowdhury and Salauddin Qader Chowdhury. Solaiman testified that he had been interviewed by the Investigating Officer on 1 July 2011. He identified Salauddin Qader Chowdhury in the dock.