A heated exchange took place at the International Crimes Tribunal-1 today when Chief Prosecutor Tajul Islam warned defence lawyer Nazneen Nahar, who represents Maj Gen (relieved) Ziaul Ahsan, that she could also face charges.
"You stay silent. Do not talk. You can also be an accused. We are getting allegations against you from different places," Tajul said to Nazneen during the hearing.
This happened after Nazneen told the tribunal that she had been blocked from attending her client's interrogation at a safe house, even though the law allows a lawyer to be present. "I was not informed, and I was not allowed in," she said.
Tribunal Chair Justice Md Golam Mortuza Mozumder stepped in and reminded Tajul that Nazneen was appearing as a lawyer. But Tajul continued, saying that Ziaul -- who is accused of enforced disappearances -- had been involved in the "killings of around 1,000 people" and that he "dumped bodies in the Buriganga after cutting open their abdomens".
Nazneen then made several allegations against the investigators. She said the interrogation was "illegally" video-recorded, and that she was only allowed in during lunch breaks and then kept out again while the questioning continued.
She also said that Nabila Idris, a member of the Commission of Inquiry on Enforced Disappearances (CIED), questioned Ziaul even though the ICT Act does not allow this. Nazneen claimed Nabila threatened Ziaul by saying, "If you do not answer, your daughter will become an orphan."
Tajul strongly denied all these claims, calling them "blatant lies". The tribunal chair again told him to stay calm. Tajul argued that Nabila had the legal right to be present as part of CIED's fact-finding team and said video recording was needed "so that no one can falsely claim maltreatment."
When Nazneen filed a petition asking for a clear order that she must be informed and allowed to attend any future interrogation, Tajul said the petition should be rejected because it did not cite specific laws. He also claimed Nazneen was a family member of Ziaul and was "creating a lot of problems". He added that the prosecution would appeal to stop her from representing him.
Earlier, Nazneen asked the tribunal to direct jail authorities to let her get Ziaul's signature so a foreign lawyer could be appointed for his cases. Tajul opposed this, saying such steps require Bar Council approval.
When Nazneen argued she had been denied acc1ess to get the signatures, Tajul said, "You always shout. Your behaviour is offensive!"
Nazneen replied, "You are saying offensive things!"
Justice Mortuza said, "There's no need to get angry."
The tribunal allowed the process to go ahead, as long as legal procedures were followed.
Nazneen also asked the tribunal to order authorities to provide call records and SMS logs from two phone numbers used by Ziaul.
Tajul opposed this too, saying the investigation was still ongoing. The tribunal said releasing such information now could hamper the probe and told the defence to file these petitions after charges are framed.