We extend our appreciation for the laudable and professional presentation made on part of the learned prosecutors and the learned defence counsels. Accordingly, prosecution’s argument on the legal issues agitated by the defence may thus be categorized as below: Requirement of production of body as proof to death does not apply in prosecuting crimes enumerated under the Act of His presence coupled with influence and authority makes him liable for the criminal acts committed in furtherance of common purpose. Sections 11 3 and 13 of the Act of require the Tribunal for ensuring expeditious proceedings. On closure of prosecution witnesses, presentation of defence witnesses thus commenced on Defence has failed to prove that at the relevant time the accused was not in Chittagong with certainty.
The ‘publisher’s note’ of the book also reflects that Mohiuddin Chowdhury, the author was a leader of a political party [Jamaat-e-Islami] and Peace Committee, Noakhali. We are to see whether P. The book articulates that – “To face the situation Razakar Force, consisting of Pro-Pakistani elements was formed. On an application under Rule 9 1 of the Rules of Procedure initiated by the Chief Prosecutor seeking arrest, for the purpose of effective and proper investigation the ICT-1 issued warrant of arrest pursuant to which accused Mir Quasem Ali was arrested and produced before the ICT-1 and then he was sent to prison. However, eventually considering the defence case attributed from the trend of cross-examination of prosecution witnesses the Tribunal [ICT-2], in exercise of power given in section 22 of the Act and Rule 46A of the ROP, permitted the defence to produce and examine 03 witnesses preferably from their list. Mir Quasem Ali [born in ] has been arraigned of internationally recognized crimes i. It in no way adversely affects the merit of the case.
The act of confinement and torture indisputably is the outcome of act of abduction. It is to be noted that any agreement and treaty amongst states in derogation of this principle stands void as per the provisions of international treaty law convention epiode Article 53 of the Vienna Convention on the Law of the Treaties, ].
Prosecution also relied upon the book titled [Non-readable text in Bengali due to erroneous character conversion in pdf file fpisode provided by the ICT] [ Material Exhibit-VI: Purpose of detaining them was to extract information about freedom fighters and their locations as they termed them as ‘miscreants’.
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It is now settled. This view finds support from the principle enunciated in the case of Muvunyi which is as below: Objective of such proposal initiated by the then JEI chief to whom the accused Mir Quasem Ali was one of loyalists by virtue of his position in the ICS was indubitably to make the dukabhai and ghastly criminal actions of Al-Badar, Razakar and other forces toughened to combat the pro-liberation Bengali civilians’miscreants’ [freedom fighters and their local adherents].
In the case of Muhammad Kamaruzzaman, on the basis of sourced information and document this Tribunal recorded its dullabhai that under the government management Al-Badar and Razakars were provided with training and allocated fire arms. Further version of P.
Again, on receipt of the case record, this Tribunal [ICT-2] fixed Accordingly, defence produced and examined three 03 witnesses in support of plea of alibi and affirmative defence and also proved and exhibited some documents. The accused was not known as ‘Bangalee Khan’ and the evidence presented in this regard by the prosecution is rather contradictory.
On capture the victim was first taken to the AB camp at Salma Manjil where he was caused to torture under confinement and then on Therefore, for rendering effective justice, victims’ right to remedy for the violation of recognised human rights also deserves to be kept in mind too with ensuring rights of accused.
The mere fact that the perpetrator of an offence is a politician does not mean his trial is to be treated as one for political purpose. On prayer of defence the ICT-1 allowed the defence counsels to have privileged communication with the accused detained in prison and fixed Causing permanent physical injury or harm is not the only element necessary to constitute the offence of ‘torture’. It has also been proved from the testimony of P.
It is now settled that ‘policy’ and ‘plan’ are not the elements to constitute the offence of crimes against humanity.
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Some times it happens that due to the nature of international crimes, their chaotic circumstances, and post-conflict instability, these crimes usually may not be well-documented by post- conflict authorities. However, the defence counsel added that unusual delay of long four decades in bringing prosecution against the accused is politically motivated and it also has creates a reasonable room of making concoction and fabrication on part of prosecution witnesses. Mizanul IslamAdvocate Mr.
He was a student of Chittagong Government College dulabhi passed H. C in and got admitted in B.
In the case of Abdul Quader Molla the Appellate Division rendered its episose, in this regard, as below: The witness may not be always able to recall every detail with precision. Therefore, it would be expedient to focus first on formation and objective, role and activities of AB force in within the territory of Bangladesh. In order to prove accused’s ‘participation’ it is not required to show that he physically participated to the commission of the crimes.
Such culpable presence of accused at the AB torture camp coupled with his position of authority in ICS and influence over the camp signifies his tacit approval and endorsement of the criminal acts done by the principals. Therefore, the dulabhaj analysis based on above sources and authoritative information inevitably allow us to infer that the AB force was formed of ICS workers under the active guidance of JEI and had acted in furtherance of common policy and plan.
At this stage a guerilla group including himself was sent to Chittagong and thus they arrived in Chittagong few days prior to the month of Ramadan and formed two guerilla groups by coordinating leaders of other groups at the ‘Bangla ghar’ of Jabbar’s house at the south-west corner of Chittagong Collegiate School for the purpose of carrying out ‘operations’. It also proves accused’s effective control and substantial influence over the camp too.
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Summing up of cases a. Judgment 17 January para- 26] It depends on the circumstances of the case. B-2, Vishal Encalve, Opp.
The charges framed against the accused arose from some particular events during the War of Liberation in allegedly occurred in Chittagong town and the accused Mir Quasem Ali is arraigned to have participated to the accomplishment of alleged crimes in different manner, by his act and conduct and also in exercise of his alleged ‘command position’ over the AB.
In this regard the Tribunal notes that for holding liability it is to be seen whether the accused abetted and facilitated the commission of the actual crime and how. In the ensuing negotiations, Bhutto came out firmly against war crimes trials.
This Tribunal [ICT-2] on receipt of the case record on 2. He stated that about one month subsequent to declaration of independence on 26 March he had gone to India crossing border and arrived at ‘Harina’ camp where he received training under officers’ group no.
The Tribunal Tribunal-1since his detention, has entertained a number of applications and the same were disposed of in accordance with law and on hearing both sides.
He and Seraj had attempted to escape but the armed attackers caught them and brought to Dalim Hotel. Apart from above submission, the learned defence counsel also advanced counter argument episodee two law points.
Accused was part of the common purpose and design of carrying out criminal activities at the AB camp as the evidence of victimized detainees demonstrates that he[accused] controlled and organised the course of events of ‘system cruelties’ knowingly and consciously.
This context strengthens the purpose of the act of forcible taking of P. Omar-ul- Islam Chowdhury on 08 November ] The court that convicted Eichmann also rejected the same contention on the same ground that murder, rape etc. He on hearing the event of abduction instantly rushed to the AB camp where he found one Afsar a local leader of ICS who was known to him.