Written Defence Statement 

23 Feb
Defence Submission:

The Defence sought permission for the accused to submit an oral or written statement before the Court. In support, they referred to Section 67(1)(h) of the Rome Statute, which grants an accused the right to make an unsworn oral or written statement in his or her defence, and they also cited the ICC case Prosecutor vs. Thomas Lubanga.

Prosecution’s Position:

The Prosecution argued that if it is a right of the accused, no permission is required from the Court; the defence  may submit such a statement directly.

Tribunal’s Determination:

The Tribunal held that the accused must file a written petition, and clarified that such a statement will not be treated as evidence. Its value will be determined by the Tribunal, and no further debate will be entertained on this issue. The Tribunal directed that the petition be filed and kept on record.

10 Mar
Since the accused, Hasanul Haq Inu, was ill, defense counsel Mansurul Haq Chowdhury sought a submission. Additionally, he submitted a written clarification under Section 17A and stated that, should the Tribunal allow it, the accused would read the explanation orally on the next date.

The Tribunal remarked that during the framing of charges, the accused is questioned and their plea of “not guilty” is sufficient; therefore, a separate explanation is not required. The defense counsel then proceeded to explain Section 17A.

In this regard, the Tribunal stated—According to the law, the mere filing of a written statement is enough; it does not need to be read out orally. The Chairman Justice read the previous order and stated:

“This is an application under Section 17A of ICTBD. We have heard both parties and accepted the written statement permitted to be furnished by the defense. This written explanation consists of 64 pages. Accordingly, this written statement will be considered as evidence; there is no need to provide an oral explanation.”

Prosecutor Mr. Tamim read out Section 10(1)(e) and argued that since the defense has produced witnessess, the defense must initiate the arguments as per the law. The Tribunal scheduled the next date, 02/04/2026, for the defense’s arguments.