Bergman's observation over outburst by Tajul Islam at ICT

David Bergman, a journalist and researcher, has raised serious concerns over the conduct of Chief Prosecutor Tajul Islam during yesterday’s session at the International Crimes Tribunal-1, highlighting five points that require attention.

Bergman’s five points are as follows:

There is an allegation by the lawyer of former Major Ziaul Ahsan that Nabila Idris, a member of the Commission of Inquiry on Enforced Disappearances, threatened Ziaul by saying, "If you do not answer, your daughter will become an orphan."

This is a serious allegation, and the Tribunal should ask to see the video of the interrogation to determine if this is true or not.

Tajul Islam said to the same lawyer at the hearing: "You stay silent. Do not talk. You can also be an accused. We are getting allegations against you from different places."

This is a threat that has no place in court. It is a slight echo of how the ICT prosecutors in 2013 threatened Abdur Razzak, the lawyer for the Jamaat-e-Islami, with prosecution and as a result he was forced him to leave the country.

Tajul Islam claimed that Ziaul Ahsan was involved in the "killings of around 1,000 people" and that he "dumped bodies in the Buriganga after cutting open their abdomens".

We can be pretty certain that Tajul does not have the evidence to support his claim that Ahsan was involved in the "killings of around 1,000 people" and so this is a highly prejudicial comment to make in court.

Although the Tribunal Chief Justice Md Golam Mortuza Majumder tried to step in during this whole interaction, set out above, he should be much more trenchant in stopping these kind of allegations being made. He is far too accommodating of the Chief Prosecutor.

During the tribunal session, defence lawyer Nazneen Nahar, representing Maj Gen (relieved) Ziaul Ahsan, raised complaints that she was prevented from attending her client’s interrogation at a safe house, despite the law allowing a lawyer’s presence. She alleged that the interrogation was illegally video-recorded and she was allowed in only during lunch breaks. Nazneen further claimed that Nabila Idris, from the Commission of Inquiry on Enforced Disappearances, questioned Ziaul in violation of ICT regulations and threatened him by saying, "If you do not answer, your daughter will become an orphan."

In response, Chief Prosecutor Tajul Islam strongly denied all allegations, calling them "blatant lies." He also warned Nazneen that she could also face charges, stating, "You stay silent. Do not talk. You can also be an accused. We are getting allegations against you from different places."

Tribunal Chair Justice Md Golam Mortuza Majumder intervened several times, reminding Tajul to remain calm and noting that Nazneen was present as a lawyer. The tribunal allowed proceedings to continue as long as legal procedures were followed. Nazneen also requested access to Ziaul’s signatures for appointing a foreign lawyer and sought call and SMS logs from two of his phone numbers. The tribunal directed that such information could only be released after charges are formally framed to prevent interference with the ongoing investigation.

The incident highlights concerns about courtroom conduct, the role of defence lawyers, and interrogation practices at the International Crimes Tribunal.