The International Crimes Tribunal (ICT) will begin hearing on framing charges against BNP leader Salahuddin Quader Chowdhury on Jan 15.
The tribunal, which is dealing with crimes against humanity involving the Liberation War, rejected six pleas of Salahuddin on Monday and set the date.
The BNP leader's six petitions, filed on Dec 5, included appeals that the tribunal abide by the international covenants where Bangladesh is a state party, recognition of Evidence Act 1872 and Code of Criminal Procedure 1898, and allowing 11 months to prepare his defence as the prosecution has had that much time.
Tribunal chairman Nizamul Huq said in his order that the tribunal had given Chowdhury’s petition for allowing the Evidence Act and the Code of Criminal Procedure in the procedure, but noted that the tribunal was established with a specific purpose and goal.
He said the war crimes tribunal was established for the detention, prosecution and punishment for crimes against humanity, genocide and other such international crimes.
The International Crimes Tribunal Act of 1973 clearly states that those laws will not be applicable in the proceedings of this case and as such the petition merits no consideration. It was rejected.
Huq said that the matter of allowing foreign counsel at the tribunal rested entirely upon the Bangladesh Bar Council, which prohibited them from appearing in front of any court of the country.
If the bar council allows foreign council, the tribunal ‘may allow’ foreign lawyers, said Huq stressing on the ‘may’.
However, there was no bar on foreign consultants as advisors outside the court ‘not within the premises of this court’, said Huq. He dismissed the petition.
Regarding live telecast of the proceedings and allowing electronic media in the court room, the tribunal chief said there were no such instances in the world although ‘[live telecast] sounds very nice’.
Sometimes court proceedings are telecast but they are recorded versions, said Huq. He also said that the tribunal may consider broadcast of certain parts of the trial later on, but at this point of time, the application ‘having no merit stands rejected’.
Salauddin Quader had asked for 11 months to prepare his defence since the prosecution had also been given that much time in another petition.
The tribunal responded saying that it firmly that both parties should have enough time to prepare for their cases. But it was absurd for one party to demand the same amount of time simply because the other side has taken that much.
Besides, Huq said, “The onus of proof lies with the prosecution. And it is natural for them to take a longer time than the defence.â€
He said that considering individual cases and the tribunal was competent to deal with petitions for more time beyond the minimum time of 21 days for defence.
“In one case that is currently ongoing the defence has been allowed about three months for the preparation.â€
Huq rejected the petition.
As regards the petition to define crimes against humanity, Huq said the crimes were in fact defined in the act. Besides, he noted, there was also the possibility of taking assistance from other judgements from abroad. This petition was also rejected.
As for the petition to abide by the international covenants that Bangladesh is a party to, the tribunal said it was a matter relevant for the government and not the tribunal. He said the tribunal would only follow its laws and nothing more. And the petition was rejected.
On Oct 4, the prosecution submitted its investigation report against Salahuddin for his alleged crimes against humanity during the 1971 war.
A case was filed against the BNP MP on July 26, 2010.
The investigation agency had appealed to the Tribunal on Dec 15 last year to detain him. Within a day of filing the appeal, he had been arrested on the charge of killing one during a general strike when a car was torched.
He was subsequently shown arrested for crimes against humanity on Dec 19 last year.
Apart from Salahuddin, Jamaat-e-Islami chief Matiur Rahman Nizami, secretary-general Ali Ahsan Mohammad Mojaheed, assistant secretaries-general Mohammad Kamaruzzaman and Abdul Quader Molla, executive council member Delwar Hossian Sayedee and former member of BNP founder Ziaur Rahman's cabinet Abdul Alim were arrested on charges of crimes against humanity.
However, Alim was later freed on conditional bail.
The tribunal, which is dealing with crimes against humanity involving the Liberation War, rejected six pleas of Salahuddin on Monday and set the date.
The BNP leader's six petitions, filed on Dec 5, included appeals that the tribunal abide by the international covenants where Bangladesh is a state party, recognition of Evidence Act 1872 and Code of Criminal Procedure 1898, and allowing 11 months to prepare his defence as the prosecution has had that much time.
Tribunal chairman Nizamul Huq said in his order that the tribunal had given Chowdhury’s petition for allowing the Evidence Act and the Code of Criminal Procedure in the procedure, but noted that the tribunal was established with a specific purpose and goal.
He said the war crimes tribunal was established for the detention, prosecution and punishment for crimes against humanity, genocide and other such international crimes.
The International Crimes Tribunal Act of 1973 clearly states that those laws will not be applicable in the proceedings of this case and as such the petition merits no consideration. It was rejected.
Huq said that the matter of allowing foreign counsel at the tribunal rested entirely upon the Bangladesh Bar Council, which prohibited them from appearing in front of any court of the country.
If the bar council allows foreign council, the tribunal ‘may allow’ foreign lawyers, said Huq stressing on the ‘may’.
However, there was no bar on foreign consultants as advisors outside the court ‘not within the premises of this court’, said Huq. He dismissed the petition.
Regarding live telecast of the proceedings and allowing electronic media in the court room, the tribunal chief said there were no such instances in the world although ‘[live telecast] sounds very nice’.
Sometimes court proceedings are telecast but they are recorded versions, said Huq. He also said that the tribunal may consider broadcast of certain parts of the trial later on, but at this point of time, the application ‘having no merit stands rejected’.
Salauddin Quader had asked for 11 months to prepare his defence since the prosecution had also been given that much time in another petition.
The tribunal responded saying that it firmly that both parties should have enough time to prepare for their cases. But it was absurd for one party to demand the same amount of time simply because the other side has taken that much.
Besides, Huq said, “The onus of proof lies with the prosecution. And it is natural for them to take a longer time than the defence.â€
He said that considering individual cases and the tribunal was competent to deal with petitions for more time beyond the minimum time of 21 days for defence.
“In one case that is currently ongoing the defence has been allowed about three months for the preparation.â€
Huq rejected the petition.
As regards the petition to define crimes against humanity, Huq said the crimes were in fact defined in the act. Besides, he noted, there was also the possibility of taking assistance from other judgements from abroad. This petition was also rejected.
As for the petition to abide by the international covenants that Bangladesh is a party to, the tribunal said it was a matter relevant for the government and not the tribunal. He said the tribunal would only follow its laws and nothing more. And the petition was rejected.
On Oct 4, the prosecution submitted its investigation report against Salahuddin for his alleged crimes against humanity during the 1971 war.
A case was filed against the BNP MP on July 26, 2010.
The investigation agency had appealed to the Tribunal on Dec 15 last year to detain him. Within a day of filing the appeal, he had been arrested on the charge of killing one during a general strike when a car was torched.
He was subsequently shown arrested for crimes against humanity on Dec 19 last year.
Apart from Salahuddin, Jamaat-e-Islami chief Matiur Rahman Nizami, secretary-general Ali Ahsan Mohammad Mojaheed, assistant secretaries-general Mohammad Kamaruzzaman and Abdul Quader Molla, executive council member Delwar Hossian Sayedee and former member of BNP founder Ziaur Rahman's cabinet Abdul Alim were arrested on charges of crimes against humanity.
However, Alim was later freed on conditional bail.
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