Tag Archives: witness testimony

27 August 2013: ICT-1 Daily Summary – Nizami Prosecution Application for Additional Witnesses

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Motiur Rahman Nizami

Today Tribunal the Tribunal heard an application filed by the Prosecution in the Nizami case requesting additional witnesses be admitted under section 9(4) of the ICT Act 1973. The Prosecution argued that under section 19(1) of the ICT Act 1973 the Tribunal is not bound by technical rules of evidence and so there is no bar to allowing additional witnesses at this stage of the proceedings. They further argued that during the investigation material witnesses were found and requested that they be allowed to testify in the interest of justice.

The Defense opposed the Prosecution’s  application. They noted that the Prosecution specifically mentioned that the Investigation Officer was conducting further investigation for the purpose of collecting additional witnesses. Citing Rule 11 of the Rules of Procedure, the Defense submitted that the investigation cannot continue for such an uncertain period of time. They asserted that the Prosecution applied for these additional witnesses because their case was insufficent. The Defense argued that the Prosecution did not even explain why they had failed to bring the witnesses from the previous list, a list containing more than 100 witnesses. They deemed the application to be demonstrative of malafide intent and submitted that if Tribunal allowed the additional witnesses at this stage of the trial it would hamper the Defense’s ability to prepare and thereby prejudice the Accused. They requested the Tribunal to reject the application.

After hearing both the sides Tribunal passed an order allowing five additional witnesses. The Prosecution then requested permission to call one of these witnesses to testify as he was present at the Tribunal. The Defense objected and the Tribunal questioned how the Prosecution had seen fit to bring the witness to the Tribunal when they could not have known how the Tribunal would rule on its application. The Defense requested an additional 10 days to prepare for the additional witnesses. The Prosecution opposed the prayer and submitted that there is no scope under law for giving such time. The Tribunal scheduled 29 August for recording the examination-in-chief of Prosecution witness 18 and 1 September for cross-examination.

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-1 Daily Summary – Nizami Cross-Examination of PW 17, Mobarak Hossain PW 8

Today in the Nizami case the Defense concluded it cross-examination of Jamal Uddin, Prosecution witness 17. Jamal Uddin testified in support of charges 2, 4 and 6. 

In the Mobarak Hossain case the Tribunal recorded the examination-in-chief and cross-examination of Prosecution witness 8, Abdus Samad, who testified in support of Charge 2. The Tribunal then adjourned the proceedings of the case until 4 September 2013.

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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