Tag Archives: war crimes

21 November 2013: ICT-1 Daily Summary – Zahid Hossain Khokon, PW-1, PW-2, and PW-3

Today the Tribunal heard matters in the following case:

  1. Chief Prosecutor vs. Zahid Hossain Khokon

In the case against Zahid Hossain Khokon, the Tribunal recorded testimony from Abul Kashem, Prosecution Witness 1, Kanai Lal Mondol, Prosecution Witness 2, and Iqram Mollah, Prosecution Witness 3. The state-appointed Defense Counsel subsequently cross-examined the witnesses. Thereafter, the Tribunal adjourned the proceedings of the case until 26 November 2013.  Continue reading

29 August 2013: ICT-1 Daily Summary – Qasem Ali Pre-Trial, Azharul Islam Pre-Trial, Nizami PW 18

Today the Tribunal heard matters in the following cases:

  1. Pre-trial Proceedings against Mir Qasem Ali
  2. Pre-trial Proceedings against Azharul Islam
  3. Chief Prosecutor vs. Motiur Rahman Nizami

In the case of Mir Qasem Ali the Tribunal was scheduled to issue its order on the Charge Framing of the case. However, the Defense previously requested additional time so that senior Defense counsel Abdur Razzak could attend. The Defense previously submitted a petition requesting that the order be scheduled for after 8 September so that senior Defense counsel Abdur Razzaq could be present to argue for the discharge of the case. The Prosecution opposed the application saying that law does not permit such a long adjournment. The Tribunal then passed an order scheduling its Charge Framing Order for 5 September 2013. In the meantime they stated that if Defense counsel Abdur Razzaq wished to appear before the Tribunal it would allow him to submit arguments in favor of discharging the case.

In the case of ATM Azharul Islam the Prosecution began their arguments on the framing of charges. The Prosecution read out the historical background of the case, claiming that in 1971 ATM Azharul Islam was a student of HSC at Karmicle College, the Rangpur unit President of Islami Chhatra Shangho, and the Al-Badr Commander of Rangpur district unit. The Prosecution has proposed 6 charges against ATM Azharul. After hearing these opening arguments the Tribunal adjourned the proceedings of the case until 3 September as the Defense submitted an application for adjournment at the beginning of today’s session.

In the case of Motiur Rahman Nizami the Tribunal recorded the testimony of Prosecution witness 18, Zahurul Haque. They then adjourned the proceedings of the case until 1 September 2013.  Continue reading

19 August 2013: ICT-1 Daily Summary – Investigation of Abdus Sobhan, Nizami PW 16

Today the Tribunal heard matters in the following cases:

  1. Investigation of Abdus Sobhan
  2. Chief Prosecutor vs. Motiur Rahman Nizami

Today in the pre-trial proceedings against Abdus Sobhan the Tribunal was scheduled to receive either a progress report of the investigation of the Prosecution’s proposed Formal Charge against the suspect. The Prosecution submitted a progress report. They also filed an application requesting permission to interrogate the suspect in the safe home. The Tribunal set 22 August 2013 for arguments on this application.

In the case of Motiur Rahman Nizami, the Tribunal recorded the testimony of Md Jane Alam, alias Janu, Prosecution witness 16. He testified in support of Charge no 7. The Defense conducted its cross-examination. The Tribunal then adjourned the proceedings of the case until 25 August 2013.  Continue reading

27 August 2013: ICT-2 Daily Summary – Alim DW 1, Khan & Mueen Uddin PW 18

Today the Tribunal heard matters in the following cases:

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

Today in the Alim case Tribunal 2 recorded the testimony of Defense witness 1. Defense counsel Ahsanul Haque Hena conducted the examination-in-chief in the morning session while Prosecutor Rana Das Gupta conducted cross-examination of the defense witness during the second half of the day.

Additionally, the Tribunal recorded the testimony of Prosecution witness 18 in the case against Ashrafuzzaman Khan and Chowdhury Mueen Uddin, both of whom are being tried in absentia. Both the examination-in-chief and cross-examination were completed. The testimony of Prosecution witness 18 supports Charge 6, regarding the abduction and murder of Dr Abul Khayer and other intellectuals.

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26 August 2013: ICT-2 Daily Summary – AKM Yusuf Order On Defense Application

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. AKM Yusuf

Today Tribunal 2 rejected a review application filed by the Defense on behalf of AKM Yusuf seeking review of the Charge Framing Order.  Only two members of the bench were present, Justice Mozibur Rahman Miah and Justice Md Shahinur Islam. Jointly they issued an order summarily rejecting the petition by reason of the Defense’s delay in submitting the application. The Tribunal did not accept the Defense’s argument that the delay in filing the application was due to a delay in obtaining a certified copy of the original Charge Framing Order. No other cases were listed in the court ‘s daily cause list and Chairman of Tribunal 2, Justice Obaidul Hassan, is currently on leave. The Tribunal then adjourned for the day.

25 August 2013: ICT -1 Daily Summary: Nizami PW 17

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

Today the Tribunal recorded the testimony of Jamal Uddin, Prosecution witness 17, in the case against Motiur Rahman Nizami. Jamal Uddin testified in support of Charges 2, 4 and 6. The Defense Counsel began its cross-examination of the witness but did not complete it before the close of the day’s session.

Prosecution witness 17, Jamal Uddin, testified in support of charges 2, 4 and 6. Charge 2 alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act 1973, resulting in murder, rape and deportation of victims as Crimes Against Humanity. He is accused of being liable as a party to a joint criminal enterprise under section 4(1), and due to his superior responsibility under section 4(2) of the Act. Under Charge 4 the Prosecution alleges that Motiur Rahman Nizami conspired to commit crimes under section 3(2)(g) of the ICT Act and was complicit in murder, rape, looting and destruction of properties as crimes against humanity in the village Karamja, He is therefore charged under section 3(2)(a), 3(2)(h), and 3(2)(g). The charges cite both section  4(1) and 4(2) as the relevant modes of liability. Charge 6 alleges that Motiur Rahman Nizami raided the homes of Dr. Abdul Awal and others in Dhulaura. Having detained a number of persons it is alleged that Nizami was involved in first handing over at least 30 persons to the Pakistani army to be killed and later killing an additionally 22 persons who initially escaped. He is charged under section 3(2)(a), with liability specified under sections 4(1) and 4(2).

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25 August 2013: ICT-2 Daily Summary – Khan & Mueen Uddin PW 17

Today the Tribunal heard matters in the following cases:

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

Today Tribunal 2 recorded the testimony of Prosecution witness 17 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 the background identification of Ashrafuzzaman Khan.  Continue reading