Tuesday, July 24, 2012

8 Jul 2012: Defence protest at cross exam time limits

The tribunal started with Abdur Razak, for the defense, seeking the recall of the order given the previous day on the time limitation on depositions. He said that under section-11(3) of the ICT Act the order has been passed to avoid unnecessary delay and the tribunal could if it found any irrelevant question towards the witness during the examinations, then  stop the cross examination. He said that if the tribunal frames any rule like this then Defense will be highly prejudiced as they will not be able to discredit the witness.

Justice Nizamul Huq: Mr. Razzak you have travelled many countries and observed many foreign trials and this law is available everywhere and this process has been applied.

Razzak: it is very uncommon in our jurisdiction as well as in many international Tribunals. There are many International Tribunals where it took at least 3-4 years to complete the Trial. [Then he has referred to three cases from Sierra Leon and former Yugoslavia which took almost 3 to 4 years to complete the trial.]

Abdur Razzak: Mr. Gholam Azam’s case involves the matter of common responsibility.

Justice Nizamul Huq: The order is not about this particular case. It will apply over all the cases.

Abdur Razzak: If there was an aim to maintain the international standard, in that case the public opinion would not have been getting that much importance. Some people are stating that the trial would have been completed within this or that time frame.

Justice Nizamul Huq: Mr. Razzak, please look at our order, you misunderstood that. There will not be any prejudicial matter, if there is any we will consider that.

Abdur Razzak: As the necessities of the questions are different in individual incident, so it might happen that the question would be needed to be asked for the second time. So, please do not fix any time My Lord.

Justice Nizamul Huq: No we have to set the time.

Abdur Razzak: We would be prejudiced My Lord. And another case is frequently being referred here and there, i.e. Nuremberg Trial Case. But it is totally a different case.

Justice Nizamul Huq: Yes it is International Crimes Tribunal.

Abdur Razzak: Please don’t fix the time.

Justice Nizamul Huq: We are sorry Mr. Razzak.

Abdur Razzak: For how long we will hear this sorry?

Justice Nizamul Huq: We are really sorry. Okay call up the list.

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