Sunday, February 17, 2013

7 Oct 2012: Mollah 11th prosecution witness

Mollah's defense team submitted an application seeking a two week adjournment before the cross examination of the investigation officer. The application is below.
1. That on 28.12.2011, this Hon’ble Tribunal was pleased to take cognizance of offences under section 3(2) of the International Crimes (Tribunal) Act 1973 (‘the Act’) and direct the Prosecution to submit hard copies of the Prosecution Documents and the Formal Charge to the Hon’ble Tribunal by 1st January 2012 in compliance with Rule 18 (1) of the Rules of Procedure. Furthermore, the Tribunal ordered the Defence to collect copies of the Prosecution Formal Charge Documents from the Registrar on 2nd January 2012 in accordance with Rule 18 (4).

2. That on 28.05.2012 by the order no. 11 this Hon’ble tribunal framed charges against the accused petitioner.

3. That on 24.09.2012 “an application under section 9(4) of ICT Act-1973 for permission to submit additional document of two books” was filed by the prosecution.

4. That on 26.09.2012 this Hon’ble tribunal passed an order permitting the prosecution to submit two books as additional documents, which containing about 479 pages.

5. That on 03.07.2012 this Hon’ble tribunal recorded the deposition of P.W.-1, subsequently on 26.09.2012 cross examination of P.W.-10 finished. Thereafter 01.10.2012 was fixed for recording the deposition of Investigation Officer as P.W.-11.

6. On the same day defenc filed an application for the certified copy of the deposition of P.W.-10, but as yet the certified copy has not been served to the defence from the office of the register.

7. That on 01.10.2012 from the prosecution adjournment prayed and learned prosecutor asked that anyone between Mrs. Monwara Begom and Abdur Razzaq Khan P.P.M will be produced into the witness box as P.W.-11.

8. That it is stated that 07.10.12 is fixed for examination of Investigation officer. But yet the learned prosecutor did not disclose any specific name of the Investigation officer. As such it is very difficult for the defense to be prepared for cross examinations of I.O.

9. That it is humbly submitted that prosecution already examined 10 witnesses and defense crossed them. Before making cross examination of I.O. defense needs more time to evaluate all the depositions of prosecution witnesses, to evaluate all documents submitted by the prosecution, to compare the examination in chief of witnesses with statements submitted before Investigation officer.

10. That it is humbly submitted that on 01.10.2010 Honorable Tribunal verbally told that defense would not allowed any time before cross-examination of Investigation officer after completion of Investigation Officer’s examination-in –chief. If so happen it will be very hardship for the defense and petitioner will be highly prejudiced.

11. That Article 14 (3) (b) of the International Covenant for Civil and Political Rights (“ICCPR”) provides for the right of an accused to have: “adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing”.

12. That the Human Rights Committee (“HRC”) has on numerous occasion held that: “the right of an accused person to have adequate time and facilities for the preparation of his defence is an important element of the guarantee of a fair trial and an emanation of the principle of equality of arms (emphasis added)”.[1] That this is a universal right to which Bangladesh must adhere to as State Party to the ICCPR.

13. That in its General Comment No. 13, the HRC has held that the right to adequate facilities under Article 14 (3) (b) ICCPR includes “access to documents and other evidence which the accused requires to prepare his case”.

14. That for the abovementioned reasons, the Accused-Petitioner prays that this Hon’ble Tribunal kindly passes an order in the interests of justice adjourning the date of cross examination of Investigation Officer for 2 weeks.
The tribunal responded by saying that first they will take the examination in chief of the investigation officer and then decide how long adjournment to give them.

The examination in chief of one of the investigation officers started (the previous witness's evidence can be found here)
Prosecution: Your name and address please?

Witness: Monwara Begum. Police Headquarters,road-GA/30-2010 ICT/266/1(22). Occupation: Investigating officer of ICT

On 14/2/2011, I Joined this job on the basis of 02/02/2011 order. I have taken the statement with expert witness including victims and afflicted on the basis of requisition of IO Mr. Abdur Razzak Khan PPM of International Criminal Tribunal.

On 13th August,2011 victim Momena Begum, Father’s name-Martyr Hazrat Ali Loskor, mother’s name-Martyr Amina Begum,husband-Habibur Rahman,Boradi section-12 block-d,Shohidbag lane-24,Mirpur.P.S.-Pollobi DMP I have taken her statement. In 1971, during holy freedom fight the Momena Begum’s address was Mirpur section-12 block- d, lane-5,House no.21,Dhaka .

On 26th March in 1971, a little time before the evening her father, pregnant mother, 3 sisters and 2 years little brother had been killed. In addition to this, she and her sister had been raped curelly. After that, her sister had been killed. I have taken her statement and such statement has been recorded at Mirpur section 10 in the name of place is Jollad khana.
I have submitted such recorded statement to I.O. by SCD (supplementary case diary)

Prosecution: Now you are examined by the defense council and you should give answer properly.
Chairman (Justice A.T.M Fazle Kabir): Asked to defense council that, do you want to cross to Witness?

Defence: Me Lord, I am not prepared regarding this. That is why I don’t want to cross.

Proseuction: Me Lord, my humble submission is that, she will be outside the country for 2 weeks for the purpose of a seminar. She is just a formal witness. Learned defense council does not need more time for cross examine. They have enough preparation. Me Lord, it is most humbly prayed that kind enough to grant the cross examine to witness.

Chairman: Defense can you?

Defence: I cannot as because l don’t have enough preparation.

Chairman: you may just start.

The cross examination started
Defence.: which date did you get the requisition?

Witness: 15/2/2011 from I.O.
Chairman (Justice A.T.M Fazle Kabir): Asked defense council that, when you want the next date?

Defence: we need time for total preparation.

Tribunal: Tomorrow will be held for the examination in chief and cross-examiantion will be held on 15th October 2012.

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