Showing posts with label Delwar Hossain Sayedee. Show all posts
Showing posts with label Delwar Hossain Sayedee. Show all posts

Sunday, March 10, 2013

Court room Drama of Defence and the Baffled Armatures on Blogs



On Tuesday, November 6, 2012, the defence of war crimes accused Jamaat-e-Islami leader Delawar Hossain Sayedee boycotted International Crimes Tribunal-1 as the prosecution began arguments in the case. The day was fixed for the start of the prosecution's arguments in the case. Before that, the defence in the morning alleged before the tribunal "plainclothes police abducted" their witness from the road near the High Court shrine. According to news report, the defence demanded direction from the tribunal in this regard. Interestingly, while the tribunal wanted to take a little break to enquire about the allegation, the defence did not want to give any time for and in everyone’s dismay boycotted the courtroom around 1:15pm and did not return after lunch break.

This was another show staged by the defence. The local sources informed that Mr. Shukharanjan Bali was from the very beginning an element of drama that Jamat-e-Islam Bangladesh managed through some form of miracle. Being Hindu by religion and a key witness regarding one of the charges brought against Sayedee (a prominent leader of Jamat-e-Islami), Mr. Shukharanjan Bali was a trophy that defence wanted to present at any cost. In Bangladesh, it is in general not at all common for any Hindu to affiliate with Jamat-e-Islami- more so in case of any form of testimony concerning genocide and atrocities conducted during the War of Independence. Jamat-e-Islami does not allow anyone but Muslims to be its members (this is a violation of the registration law of the country under the present Election Council law) and the party does not find any fault in its position during 1971 when it functioned as auxiliary forces of invading Pakistani military.
Nevertheless, on the blogs- many “experts” conducted analysis on the issue. Although, these discussions died out soon as - no concrete evidence in favor of the alleged abduction could be found and no reliable witness could be produced by the defence. The defence lawyers and journalists with close political affiliations with Jamat-e-Islami Bangladesh were the only witnesses.
On the blog, few photos from CC camera were posted (while claims were made that the images of the CC camera remained unexplored) -which showed no evidence regarding the validity of the alleged abduction. The photos were circulated to establish a visual confusion – as in many occasion people do not read the fine prints below the photographs. Let us have a look at few of these photos:


1. White vehicle coming parked outside one of the tribunal
gates. The journalist Golam Azam is said to be the person
in the foreground. At this point, Bali is said to have already
been put in the car.



2. Close up of vehicle. Man on outside is claimed to be from
 detective branch. The unclear figure in the car is said to
be that of Bali who was wearing a white shirt on the day.
The face on the other side of the car, outside, is said to be
that of Advocate Sohag



3. Police vehicle leaving the tribunal with Bali inside. The man in the foreground of the picture
is said to be that of  the journalist Shahidul Islam 

It can be seen that none of these images can be treated as visual proof. One of the “self-designated monitor”, of ICT Bangladesh, used quotes of one of his source in his post and then changed it by saying, “The original post said that Tajul Islam had said that the witness stayed at the house of Masud Sayedee, the son of Delwar Hossain Sayedee. Whist that was what Islam had said to me, this is apparently not what happened. In fact he stayed at the house of a relative.” These reflect how unprofessional these web-posts are even though they are broadly circulated.

None of these posts and analyses stopped to question- why would the police choose to “abduct” the defence witness from within the premise of the Tribunal? or Why is there not a single witness beyond the defence lawyers and pro-Jamat journalist? More importantly - why the witness at the first place choose to cooperate with Jamat-e-Islam (a political party which is notorious for its anti Hindu campaign not just during 1971- it continues the same culture of spreading hate and carrying out rampage against the religious minorities in Bangladesh till date)?? Let us close the case by informing on Jamat-e-Islami Bangladesh and its relation with people like Mr. Shukharanjan Bali. Recently the cloud of confusion over Jamat’s democratic practices was cleared at least for Amnesty. Recently at the outburst of violent campaign of Jamat-e-Islami Bangladesh, the Amnesty report provided context to the violence against the Hindus in the backdrop of Bangladesh's war crimes trials. “The Hindu community in Bangladesh is at extreme risk, in particular at such a tense time in the country. It is shocking that they appear to be targeted simply for their religion. The authorities must ensure that they receive the protection they need,” said Abbas Faiz, Amnesty’s Bangladesh Researcher. Victims told Amnesty that the attackers were taking part in rallies organised by Islamist party Jamaat-e-Islami (JI) and its student group Islami Chhatra Shibir.

Conclusion:

1.  The blog-based journalists and web-based news media have reflected unprofessional attitude (by using unreliable sources and making strong comments without any support of evidence) regarding ICT Bangladesh. This raises a caution- as the world media and global human rights organizations are often depended upon these forms of reporting- a reality and reliability check should be made before citing any such reports.

2.    The approach of using visuals in blog-reporting can confuse unsuspecting readers who often tend to ignore the fine prints below the photos (sometimes these images are left without any title). 

3.    Jamat-e-Islami Bangladesh is keeping no stone unturned in its attempt to discredit the charges brought against its leaders on the count of crimes against humanity- this may involve dramatic events. Wise heads must prevail to question reliability of any such event as Jamat is only depending on forceful presentation of its case- not on accuracy or legality of their means.

The baffled armatures on the blogs are not the only campaigners who are spreading confusions over the ICT Bangladesh process. There are obviously pro-Jamat-motivated web campaigners who are also undermining the trial to free the imprisoned leaders of their alleged Islamic outfit of communal, undemocratic and violent war criminals.

Monday, March 4, 2013

ICT Bangladesh Functions within Global Precedents



One of the blogs presents the following summary of the facts and concerns regarding limiting the number of defense-witness in the trail of Sayedee:

  1. In July 2011, the prosecution gave the tribunal 138 names of witnesses it wished would testify before the tribunal to substantiate 20 counts (involving 35 separate offenses) involving crimes against humanity/genocide. 
  2. The defense in December 2011 then gave a list of 48 names of witness it wished to call to the tribunal. This is one third of the prosecution number and was at the time accepted by the tribunal. 
  3. When the trial started, the prosecution was only able to summon a total of 28 witnesses - 20 of which were witnesses of fact - to the tribunal. The tribunal accepted as evidence a further 16 written statements from witnesses of fact. Substantive statements of 36 people were admitted as evidence.

Now let us consider if this is a new practice introduced by Bangladesh or is it a new issue of appeal by the defense lawyers in response to ICT’s ruling regarding its number of witness. Let us consider a case from Africa. A report reads as follows:

In Kenya Ali's Lawyers Challenged ICC Witnesses Limit. Lawyers of three post-election violence suspects have moved to the International Criminal Court at The Hague to challenge a decision by the pre-trial chamber judge to limit the number of witness they should call at the confirmation hearing to two each.

Conclusions:

  1. It is not unprecedented that the ICT in Bangladesh restricted the number of defense-witness.
  2. It is not unusual that the defense has reservation on such a move made by ICT.
  3. It is however always a biased position of so called “neutral” observers when they take on such an issue.
  4. ICT Bangladesh makes headway in ensuring effective utilization of limited resources to deliver justice within the existing global precedents.

A Tale of New Judge and Old Trial



Saydee Trial: Bangladesh pushed a side uncertainty over appointments of Judges   

On 17th December 2012, the tribunal 1, decided to continue the case of Delwar Hossain Sayedee with a new Judge.

System for appointing judges ‘undermining international courts’ was the title of an article of Afua Hirsch a legal affairs correspondent published on The Guardian on Wednesday 8 September 2010. It informed that politicized voting and a lack of transparency has led to unqualified judges taking key positions, study claims. A "toxic" system for appointing the world's most senior judges is fundamentally undermining the legitimacy of international courts, the study claimed. Unqualified judges, in some cases with no expertise on international law and in one case no legal qualifications, have been appointed to key positions because of highly politicised voting systems and a lack of transparency, the Guardian has learned. "There are a number of judges who really shouldn't be there," said William Pace from the Coalition for the International Criminal Court, which lobbies for reform of the ICC. Experts point in particular to the case of a Japanese judge who did not have a law degree or any legal qualifications, and was appointed to the ICC after Japan provided financial support. Fumiko Saiga, who had been overseeing ICC proceedings relating to war crimes in the Democratic Republic of the Congo, died suddenly of a heart attack last year aged 65. There had been claims that she was unqualified for the post. Nation states, who nominate judges from their own and other countries to stand for positions in international courts, have been accused of "vote trading", a practice where states lend their support to nominees from other countries based on political considerations, rather than judicial expertise. Within such a situation, "Human Rights Watch urges states parties to put aside narrow interests and vote only for the most highly qualified judges." There are more than 30 international courts and tribunals covering approximately 200 nations, many of which have faced similar criticisms. Although some degree of political interference is regarded as inevitable in courts governed by international relations, today's findings argue that the process should be more in line with the appointment of judges within countries. "At national level, the trend is for more professionalised, depoliticised systems, where we know a lot about the background, characteristics of judges who are chosen and put forward," said Malleson. "Most people assume there is an equally complex rigorous vetting process for international courts, but that is not the case."

Thus the so called international standards of ICC is a myth and nations are now urged by nation states to deal with War Crimes with its own legal expertise and therefore within its own legal sub culture keeping the international goals on justice in mind. In this regard it is important to note that it is common practice in Bangladesh for a trial to continue when a judge is replaced, falls ill, or is unable to continue for other reasons.
Let us consider the Case of Cambodia’s attempt to the trial of the War Crimes with the aid of UN. One report of BBC (26 June 2011), informed that the head of a victims' association, Theary Seng, called on Mr Blunk to resign, along with the UN-appointed administrator of the tribunal. "We had expected and trusted the UN personnel in the court to raise the quality of justice to international standards. But what's happening is deceit - it's deceit with UN complicity, with UN insignia on it," she told the BBC. The head of a victims' association, Theary Seng, has called on UN figures to resign. The US-based Open Society Justice Initiative, which has been monitoring the tribunal through its office in Phnom Penh, sounded further alarms. Its most recent report said: "The court's actions suggest that the outcome of a case has been pre-determined, and that judges have refused to gather evidence or investigate facts."

Conclusion:
 
Therefore, Bangladesh’s attempt to bring the War Criminals accused of Crimes against Humanity – should not be expected to be without hick-ups. Nevertheless, the global experiences urges us to bare with ICT Tribunals and the judges (new or old) as efforts are made to ensure justice for the crimes committed during 1971.

Chronicles and Comments on ICT Bangladesh


These are posts on chronicles and comments on the ongoing process of International Crimes Tribunal of Bangladesh.

Delwar Hossain Sayedee

What happened when on the Trial of Delwar Hossain Sayedee?
Defense witness

23 Oct 2012        17th defense witness
22 Oct 2012        Defense seeks time to call witnesses
22 Oct 2012        Defense applications and order re summons of Bali and other matters
21 Oct 2012        16th defense witness (Abul Hakim Fakir)
21 Oct 2012        15th defense witness Abdus Salam Howlader (day 2)
21 Oct 2012        13th witness cross examination
18 Oct 2012        Warning on Sayedee defense lawyers
18 Oct 2012        13th witness cross exam (day 2)
17 Oct 2012        15th defense witness (day 1)
17 Oct 2012        14th defense witness (Emran Hossain)
17 Oct 2012        13th witness cross exam (day 1)
17 Oct 2012        Defense lawyers claim pressure on witness
16 Oct 2012        13th defense witness, examination in chief (day 3)
15 Oct 2012        13th defense witness, examination in chief, (day 2)
14 Oct 2012        13th defense witness, examination in chief, (day 1)
10 Oct 2012        12th defense witness
9 Oct 2012          11th defense witness
9 Oct 2012          10th defense witness
8 Oct 2012          Evidence admissibility application
7 Oct 2012          9th defense witness
7 Oct 2012          Order on defense to bring witnesses to trial
4 Oct 2012          8th defense witness
3 Oct 2012          7th defense witness (day 2)
2 Oct 2012          7th defense witness (day 1)
26 Sep 2012        Defense witness lawyer claims
24 Sep 2012        6th defense witness
19 Set 2012         3rd defense witness, cross exam
16 Sep 2012        5th defense witness
12 Sep 2012        4th defense witness
10 Sep 2012        3rd defense witness
9 Sep 2012          Defense application for retrial due to replacement of judge
6 Sep 2012          2nd defense witness, cross exam
6 Sep 2012          Defense application for review of decision limiting defense to 20 witnesses
5 Sep 2012          2nd defense witness
2 Sep 2012          1st defense witness
23 Aug 2012      Sayedee trial adjournment rejected
14 Aug 2012       Tribunal order to restrict defense witnesses to 20 in number

Prosecution witness

13 Aug 2012      Final day of cross examination of 28th witness
8 Aug 2012        Application and order relating to admission of statement of a dead witness 
2 Aug 2012        Tribunal order on cross examination of investigation officer (28th witness)
29 Jul 2012        Defense applications relating to witnesses
19 Jul 2012        Defense bail application
10 Jul 2012        Defense application for books and special diet
2 Jul 2012          Defense seeks copy of investigation report
24 Jun 2012       Tribunal rejects bail
21 Jun 2012       Defense bail application
20 Jun 2012       Defense adjournment application
18 Jun 2012       Defense hospital application
17 Jun 2012       Accused heart-attack adjournment
13 Jun 2012       Recall of prosecution witnesses (1 & 6) 
3 Jun 2012         Approval to recall few prosecution witnesses following defense application
29 May 2012     Defense application seeking recall of certain prosecution witnesses
25 Apr 2012      (Day 1) cross examination of 28th prosecution witness
25 Apr 2012      Defense lawyers claim on proceedings
24 Apr 2012      28th prosecution witness, investigation officer (day 9)
23 Apr 2012      Defense obtain adjournment due to Hartal (general strike)
19 Apr 2012      28th prosecution witness, investigation officer (day 8)
18 Apr 2012      28th prosecution witness (day 7)
17 Apr 2012      28th prosecution witness (day 6)
12 Apr 2012      28th prosecution witness (day 5)
11 Apr 2012      28th prosecution witness (day 4)
10 Apr 2012      28th prosecution witness (day 3)
9 Apr 2012        28th prosecution witness (day 2)
8 Apr 2012        28th prosecution witness ( day 1)
8 Apr 2012        Defenses seeks adjournment prior to hearing investigation officer evidence
27 Mar 2012      Defense seeks investigation report
18 Mar 2012      Prosecution discusses calling of investigation officer as final witness
7 Mar 2012        Prosecution witness delay

Prosecution witnesses:

20 Feb 2012      27th prosecution witness
16 Feb 2012      26th prosecution witness
13 Feb 2012      25th prosecution witness
7 Feb 2012        24th prosecution witness
2 Feb 2012       Prosecution seeks adjournment
1 Feb 2012       23rd prosecution witness, cross exam
1 Feb 2012       23rd prosecution witness (day 2)
31 Jan 2012      23rd prosecution witness (day 1)
30 Jan 2012      20th to 22nd prosecution witnesses
29 Jan 2012      17th to 19th prosecution witnesses
26 Jan 2012      16th prosecution witness
25 Jan 2012      15th prosecution witness
22 Jan 2012      Tribunal rejects defense application seeking copy of investigation report
17 Jan 2012      14th prosecution witness
16 Jan 2012      13th prosecution witness
10 Jan 2012      12th prosecution witness
9 Jan 2012        11th prosecution witness
8 Jan 2012        10th prosecution witness
3 Jan 2012         9th prosecution witness
2 Jan 2012        8th prosecution witness, cross exam (day 2)
1 Jan 2012        8th prosecution witness, cross exam (day 1)
1 Jan 2012        8th prosecution witness
1 Jan 2012        7th prosecution witness, cross exam (day 2)
29 Dec 2011     7th prosecution witness, cross exam
29 Dec 2012     7th prosecution witness
28 Dec 2012     6th prosecution witness (day 2)
27 Dec 2012     6th prosecution witness
27 Dec 2012     5th prosecution witness
22 Dec 2012     4th prosecution witness (day 2)
21 Dec 2012     4th prosecution witness
21 Dec 2012     3rd prosecution witness, cross exam (day 2)
20 Dec 2012     3rd prosecution witness, cross exam (day 1)
19 Dec 2012     3rd prosecution witness
19 Dec 2012     2nd prosecution witness, cross exam (day 2)
18 Dec 2012     2nd prosecution witness, cross exam (day 1)
14 Dec 2012     1st prosecution witness, cross exam (day 4)
13 Dec 2012     1st prosecution witness, cross exam (day 3)
12 Dec 2012     Ist prosecution witness, cross exam (day 2)
11 Dec 2012     1st prosecution witness, cross exam
8 Dec 2012       2nd prosecution witness
7 Dec 2012       1st prosecution witness
7 Nov 2012       Tribunal rejects defense application for exculpatory evidence & adjournment
 3 Oct 2011       Indictment
Applications and orders relating to admissibility of 15 prosecution witness statements

9 Oct 2012          Safe house witness order
8 Oct 2012          Safe house witness summons application
19 Jul 2012         Defense application seeking details of the police in the safe witness house
19 Jul 2012         Tribunal rejects defense pledge challenging exhibit’15 witness statements 
19 Jul 2012         Tribunal rejects defense application seeking prosecution of investigation officer and discharge of accused relating to safe custody register
12 Jul 2012        Order denying the defense application seeking a review of the order of allowing witness statements to be admitted though the witness has not given evidence in court
11 Jun 2012       Arguments seeking a review of tribunal order allowing statements of 15 witnesses to be present. - where Defense allege that the investigation and prosecution agencies have committed ‘significant fraud’ on the court (Day6)
7 Jun 2012          Arguments seeking a review of the tribunal order allowing statements of 15 witnesses to be admitted as evidence (Day 5)
3 Jun 2012          Arguments seeking a review of the tribunal order allowing statements of 15 witnesses to be admitted as evidence (Day 4 )
23 May 2012        Arguments seeking a review of the tribunal order allowing statements of witnesses to be admitted as evidence (Day 3)
22 May 2012       Arguments seeking a review of the tribunal order allowing statements of 15 witnesses to be admitted as evidence (Day 2)
22 May 2012       Arguments seeking a review of the tribunal order allowing statements of 15 witnesses to be admitted as evidence (Day 1)
29 Mar 2012       Tribunal order allowing admission of 15 witness statements, following prosecution application
28 Mar 2012       Defense response to prosecution application seeking admission of 15 witness statements

Recusal Application

27 Mar 2012       Prosecution application seeking admission of 15 witness statements Recusal Application
28 Nov 2011      Tribunal decision providing reasons for decision not to recuse the chairman
20 Nov 2011      Defense application seeking reasons for decision by tribunal chairman not to recuse himself
14 Nov 2011      Tribunal order rejecting recusal application
13 Nov 2011       Defense recusal application