Tuesday, July 24, 2012

8 Jul 2012: Quasem interview request

After hearing the defense arguments on time limits, the tribunal then considered an application seeking permission to question Mir Quasem Ali. He had earlier been detained and sought bail

Sultan Mahmud Simon [Prosecutor]: My Lord, we would like to submit an application for the prayer for interrogation of the accused petitioner for three days. He stated that- the accused has been arrested after the issuance of arrest warrant from the Tribunal and that he has also threatened the witnesses of this case. So at this stage, he has prayed on behalf of the Prosecution for a permission of 3 days interrogation at the safe home.

Tajul Islam: My Lord, I have two applications. The first one is about the interrogation in the safe home, there is a report in their hand stating that it is necessary to interrogate the accused, but we didn’t receive a copy. And the other matter relevant to the issue of threats-I would like to say something.

Justice Nizamul Huq: Threatening is not your issue to deal with. They have prayed for three days interrogation, please be stuck on the matter.

Tajul Islam: If there is an issue of interrogation, certainly there should be some requirement. But there are no reasonable grounds of justification in their favor. So without any proper cause we don’t find any ground to leave the Petitioner in their hand.

He said that if there was to be an interrogation, it must take place in the presence of counsel and should comply with the directions of the High Court Division in the case of BLAST vs Bangladesh

Justice Nizamul Huq passed order (summary)
The Prosecution has submitted an application stating the development of the Investigation about the accused petitioner Mir Kashem Ali. The accused petitioner has been produced before the Tribunal by the Prison authority. The Prosecution has served an application for interrogation. Prosecutor Mr. Sultan Mahmud submitted that the accused was arrested after the issuance of warrant. The investigation is going on and the development report has been submitted today. He has also submitted that- for the proper investigation, the accused would be interrogated. He has also stated that- only for this reason the application has been filed, and if not allowed they will be prejudiced. Whereas the petition has been opposed by the defence, Tajul Islam on behalf of the defence has stated that- there is no justification behind this prayer of the Prosecution so it is ought to have been rejected.

We have heard both the Prosecution and the Defence; it is a fact that we have allowed interrogation in all the cases prayed by the Prosecution. Though it had been prayed for 3 days interrogation but here in this case we are allowing 1 day interrogation.

We are of the views that by the submission of the Prosecution petition, they have established the fact that the accused needs to be interrogated. So we hereby allow the petition. We hereby direct the Prosecution to inform Mr. Tajul Islam two days before the interrogation. During the interrogation the presence of a doctor and a counsel is required.

The Prosecution has to submit further progressive report or the formal charge by 12th August, 2012.
Prosecutor Ziad Al-Malum said don’t worry we will file formal charge on that day.

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