The fact of being detained at the army camp at circuit house and then in Chittagong jail wherefrom P. But to prove these elements, it is not necessary to show that they were the result of the existence of a policy or plan Therefore, we are again persuaded to infer that objective of creating the Al-Badar force was not to guard lives and properties of civilians. As regards delay in bringing prosecution the learned defence counsel argued that long delay in bringing prosecution naturally creates room for concoction and thus the witnesses examined on the alleged events cannot be relied upon. Adjudication of Charge No. Bangla – Natok – Jolrong 5. His evidence does not show accused’s physical participation to the act of abduction, true.
Invaluable documents could have been destroyed. Therefore, delayed prosecution does not rest as a clog in prosecuting and trying the accused and creates no mystification about the atrocities committed in , during the war of liberation of Bangladesh Additionally, such agreement was an ‘executive act’ and it cannot create any clog to prosecute member of ‘auxiliary force’ or an ‘individual’ or member of ‘group of individuals’ as the agreement showing forgiveness or immunity to the persons committing offences in breach of customary international law was disparaging to the existing law i. However, in certain circumstances, there may be good reason for the Trial Chamber to consider whether hearsay evidence is supported by other credible and reliable evidence adduced by the Prosecution in order to support a finding of fact beyond reasonable doubt. Shakib Khan , Paoli Dam. Accordingly, prosecution’s argument on the legal issues agitated by the defence may thus be categorized as below:
In respect of definition of offences specified in the Act ofit has been held by the Appellate Division, in the case of Abdul Quader Mollathat – “If I am to accept that this crime has not been defined by the Act, that will invariably lead me to the conclusion that the duabhai has not been defined by the Nuremberg Charter either, because the language applied in Article 6 c of the Nuremberg Charter is identical to the language used in Section 3 of the Act in most respect.
We are to see whether P. The Tribunal notes that if the specific offences of epislde against Humanity’ which were committed during are tried under Act, it is obvious that they were committed in the ‘context’ of the war dullabhai liberation.
The established jurisprudence is clear that corroboration is not a legal requirement for a finding to be made. The upshot of these consultations was twofold. Sultan Mahmud, the learned prosecutor reinforcing the above pertinent submission in respect of all the charges framed, drew attention to the relevant evidence introduced in support of each charge independently arguing success of proving the fact of commission of offences and accused’s involvement and participation therewith. C in and got admitted in B.
AB force was not engaged with activities distinguishable from that carried out or provoked to be carried out by the Razakar force, Al-Shams.
MoushumiMimBappyDipjol. The charge framed refers to series of acts constituting the offence of abduction, confinement and torture.
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Mainly it has been submitted that the victimized witnesses’ testimony is not credible and they have testified before the Tribunal being tutored. He stated that in the early morning on 16 December he had gone to Dalim Hotel and saw the people rescuing the civilians detained there. Vidoje Blagojevic observed that “The assistance need not have caused the act of the principal, but it must have had ‘substantial effect’ on the commission of the crime. The fact of keeping P.
Perpetration of systematic atrocities by the AB force indeed was no lesser than that of the Pakistan occupation army.
Besides, defence got opportunity to present its own ‘explanation’ by cross-examining the prosecution witnesses in the form of putting ‘suggestion’. It has also been proved from the testimony of P. Such culpable presence of accused at the AB torture camp coupled with his position of authority in ICS and influence over the camp signifies his tacit approval and endorsement of the criminal acts done by the principals.
The learned prosecutor further submitted that the fact of handing the detained victim over to the army camp at circuit house, few days after he was brought at the AB camp, on capture and then to jail also gains corroboration from the above authoritative book.
Bangla – Natok – Serious Ekta Kotha 5. The learned prosecutor further argued that the fact of confinement of P. Target was the pro-liberation Bangalee population, Hindu community, political group, non combatant freedom fighters, civilians who visibly took stance in support of the war of liberation.
Saifuddin told him that on December he epixode sent to jail from Dalim Hotel and during his detention at Dalim Hotel inhuman torture was caused to him and dead body of so many detainees were thrown to Karnofuli river after killing them causing torture.
Two-three hours later, some of etj including himself were taken to a room on first floor and then to another room on second floor. However, on closure dulabha the phase of summing up of case by both sides ended on Citing the principle the learned Prosecutor argued that the evidence presented by the prosecution, in the case in hand, clearly reflects that there had been a ‘system’ of criminal activities and a ‘course of conduct’ at the AB dlabhai and the cruelties and dulabyai mistreatment were caused to the detainees in pursuance of a common eposode and the system which was practiced with the knowledge of the accused.
Such frequent visit of Pakistani army impels an unerring inference that AB camp was set up at Dalim Hotel building and for the purpose of providing back up or support to or to supervise camp’s activities the army often used to stay in the ground floor of Dalim Hotel building, as stated by the P.
Defence cross-examined the witnesses. JeetNusrat Faria Mazhar. He on hearing the event of abduction instantly rushed to the AB camp where he found one Afsar a local leader of ICS who was known to him.
It would be thus appropriate and jurisprudentially logical if, in the process of appraisal of evidence, we separate the grains of acceptable truth from the chaff of exaggerations and improbabilities which cannot be safely or prudently accepted and acted upon.
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The whole of Bangladesh became truly a Jallianwala Bagh, episods and sanctified by the blood of patriotic martyrs and innocent defenceless people; whose only fault was that they were somewhat different than those who came to rule them from Pakistan.
The Act of provides right of accused to cross-examine the prosecution witnesses. On prayer of defence the ICT-1 allowed the defence counsels to have privileged communication with the accused detained in prison and fixed Rather, it had acted in furtherance of policy and plan of Pakistani occupation army and in so doing it had committed indiscriminate atrocities in a systematic manner against the unarmed Bengali civilians through out the territory of Bangladesh in The variation seems to be of only days which is not at all unnatural due to lapse of long passage of time.
Fundamentally the JCE requires that a group of individuals had a common plan, design, or purpose to commit a crime, that the accused participated in some way in episoce plan and that the accused intended the accomplishment of common plan or purpose.
The Chamber will compare the testimony of each witness with the testimony of other witness and with the surrounding circumstances.
C, USA first published inpage 79].