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Summarized and contextualized by DistantNews.
At a glance
- A judge on Bangladesh's International Crimes Tribunal stated the court's hands are tied by law regarding recalling a witness.
- The defense objected to the prosecution recalling a witness against former minister Qamrul Islam, citing lack of advance notice.
- The tribunal allowed the witness recall but limited questioning to his prior testimony.
A judge on Bangladesh's International Crimes Tribunal expressed frustration over legal constraints, stating, "Our hands are tied by law," when the defense objected to the prosecution recalling a witness. The case involves former minister Qamrul Islam and Rashed Khan Menon, accused of killing 23 people during the July Uprising.
The prosecution sought to question witness Sakib Ahmed Tulon again after his cross-examination by Qamrul's lawyers. Defense counsel Sultan Mahmud argued that the law, the International Crimes (Tribunals) Act of 1973, was made by the government, not the defense. The prosecution contended that the law did not require them to provide advance notice of their intent to recall the witness.
When the law says so, what can we do? Your client made the International Crimes (Tribunals) Act, 1973. Our hands are tied by law.
Tribunal member Justice Md Shofiul Alam Mahmood ultimately allowed the witness to be recalled, but stipulated that the questioning must be confined to matters already covered in his earlier testimony. During cross-examination, Tulon had acknowledged that Qamrul was not involved in the Rampura killings, but later identified Qamrul and Menon as responsible for the deaths when questioned by the prosecution.
We did not make this law. It was made by the government of that time.
Originally published by Daily Star. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.