ICT-2 closes prosecution witness' cross-examination

The war crimes case against Muhammad Kamaruzzaman reached a new stage yesterday when the International Crimes Tribunal-2 closed the cross-examination of the last prosecution witness for repeated failures of Kamaruzzaman's counsels to appear before the court.
The three-member tribunal led by Justice Obaidul Hassan took the stern stance as a senior defence counsel, who used to cross-examine the prosecution witnesses, remained absent for three days, including yesterday, during the cross-examination of this witness.
The tribunal, the second of two set up to deal with war crimes committed during the Liberation War, also asked the defence counsels to start adducing their witness from tomorrow.
After recording the testimonies of the defence witnesses, the tribunal will hear the closing arguments of both the defence and prosecution before delivering the verdict, as per the related law.
On February 11, Abdur Razzaque Khan, the 18th prosecution witness and the case's investigation officer, gave his three-hour-long testimony. In the next four days, he faced nine hours and 50 minutes of cross-examination.
Yesterday was fixed for the fifth day of the cross-examination. Razzaque, three prosecutors and two junior members of Kamaruzzaman's defence were present in the court.
Kamaruzzaman, assistant secretary general of Jamaat-e-Islami, was also brought to the tribunal during a daylong countrywide hartal enforced by eight Islamist parties.
The tribunal then asked about the senior defence counsels, including Kafil Uddin Chowdhury, who usually cross-examined prosecution witnesses.
Tarikul Islam, a junior member of Kamaruzzaman's defence, said they could not appear before the tribunal for the daylong strike and sought adjournment.
The tribunal then said it would close the cross-examination because it had earlier expressed its stance about the absence of defence counsels.
On February 13, a section of defence counsels, including Kafil Uddin, remained absent and the tribunal had to adjourn the case.
On that morning, Jamaat-Shibir men unleashed terror in the capital and the defence lawyers remained absent before the two tribunals citing “security reasons”, leading the courts to defer case proceedings.
On February 18, no senior counsel of Kamaruzzaman, including Kafil Uddin, appeared before the court citing security reasons. Jamaat-e-Islami had enforced a hartal on that day.
Apparently being annoyed by the absence, the tribunal that day warned Kamaruzzaman's counsels that it would close the cross-examination if the defence remained absent during future hartals.
Yesterday, when the tribunal stuck to its stance, Tarikul sought adjournment of at least up to 2:00pm and the tribunal allowed his plea.
After lunch, when the tribunal started its proceeding at 2:25pm, no senior counsel appeared before the court. Even, Tarikul did not appear before it.
Shazzad Ali Chowdhury, another junior member of Kamaruzzaman's defence, sought adjournment, stating that they conveyed the message to the senior members but they could not come.
Then the tribunal said, “Cross-examination is closed.”
Shazzad said if the tribunal allowed time for the defence, none would be prejudice but if the tribunal closed the cross-examination, the defence would be prejudiced.
The tribunal said, “We gave you directives but you did not show respect to it. Is it not the same as disobeying the court? So order is passed.”
On June 4, last year, the tribunal indicted Kamaruzzaman with seven charges, which include murder and torture of unarmed civilians and complicity in other crimes against humanity during the 1971 Liberation War.
According to the indictment order, Kamaruzzaman, as the top leader of Islami Chhatra Sangha, the then student wing of Jamaat, played the key role in the formation of Al Badr force in Mymensingh during the Liberation War.
A total 18 prosecution witnesses, including the investigation officer, testified in the case while the tribunal allowed the defence four persons to testify and defend the Jamaat leader.