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Kuala Lumpur War Crimes Tribunal Opens Sessions
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The Kuala Lumpur War Crimes Tribunal sessions re-opened May 7th with the reading the rules and regulations for the proceedings.
The registrar of the Kuala Lumpur War Crimes Tribunal, Mr Musa Ismail started the proceedings by introducing the panels of the defense team and the prosecutor team, before reading the charges.
The leader of the prosecutor team, Prof Gurdial Singh Nijar made his opening statement by saying that the prosecution aim is to present the complaints of the victim(s) and to act on the recommendation of the Commission's report and to frame charges and prosecute the accused person(s).
Mr Jason Kay Kit Leon, the leader of the defense team then made his opening statement, and read all the charges made against the accused person(s).
Prof Gurdial Singh Nijar, from the prosecutor team said that the proposition from the defense team was to exclude certain critical treaties and that torture is an international war crime.
Prof Gurdial Singh Nijar read out portions of the charter of the Kuala Lumpur War Crimes Commission and the rules of procedure and evidence of the Kuala Lumpur War Crimes Tribunal.
There are five judges for the Kuala Lumpur War Crimes Tribunal hearing. The panel of judges are Judge Lamin bin Hj Mohd Yunus, Judge Tunku Sofiah Jewa, Judge Alfred Lambremont Webre, Judge Salleh Buang and Judge Mohd Saari Yusuf.
A court bundle from the prosecutor team was given to the panel of the judges by the registrar, Mr Musa Ismail.
Prof Gurdial Singh Nijar read out the facts from the court bundle that was been prepared by the prosecutor team. He again emphasized the statement that "torture is an international war crime."
The judge then decided to take a 15 minutes break.
The Kuala Lumpur War Crimes Commission was established by the Kuala Lumpur Foundation to Criminalise War (KLFCW) to investigate cases of war crimes that has been neglected by established institutions such as the International Criminal Court.
The Commission, which is also chaired by the former Prime Minister of Malaysia, Tun Dr Mahathir Mohamad, seeks to influence world opinion on the illegality of wars and occupation undertaken by major Western powers.
The list of the Commission Members are Tun Dr Mahathir Mohamad, Dato' Dr Yaacob Hussain Merican, Prof Akram Shair Mohamed, Denis Halliday, Hans-Christof von Sponeck, Prof Michel Chossudovsky, Musa Ismail and Dr Zulaiha Ismail.
The Commission's functions are to receive complaints from any victim of crimes against peace, crimes against humanity, crimes of genocide and war crimes and to investigate the same, prepare a report of its findings and make appropriate recommendations.
The court filled up as the audience returned from the 15 minutes break and the panel of judges entered the court room to resume the session.
The president of the panel judges, Judge Lamin bin Hj Mohd Yunus said that "torture has become a universal law", therefore, the court is allowed to proceed.
Professor Francis Boyle from the USA then stated the relevance of the charges against the accused person(s).
According to Prof. Francis Boyle, 'after 9/11, the defendants went around the world and tortured Muslims, Asians, Arabs and "coloured" people, just like how the Nazis did to the Jews, clearly not on the same scale, of course.'
Prof Francis Boyle now gave the podium to Prof Gurdial Singh Nijar to further continue listing the charges against the accused person(s).
Prof Gurdial Singh Nijar apologized for being away for awhile as he was being interviewed by one of the media during the 15 minutes break.
Prof Gurdial Singh Nijar then presented the lists of witnesses. One of them is Mr Abbas Abid who was subjected to electric shocks to various parts of the body, who was hung from the wall, who was beaten with tools, thick cudgels, cables, metal pipes and metal ribbons, whose finger nails were forcefully extracted.
Moazzam Begg, Rhuhel and Ali Sh. Abbas are the other witnesses that are involved in this hearing were present.
Prof Gurdial Singh Nijar called Mr Abbas Abid to the witness stand to testify.
The witness, Mr Abbas Abid testified to the questions that were being asked by Prof Gurdial Singh Nijar of the prosecutor team.
Mr Abbas Abid confirmed all of the points about him being tortured that were presented by Prof Gurdial Singh Nijar.
Prof Gurdial Singh Nijar asked Mr Abbas Abid to demonstrate the ways he was being tortured.
Mr Abbas Abid confirmed the ways the detainees were being tortured presented by Prof Gurdial Singh Nijar were true.
Prof Gurdial Singh Nijar the asked the witness, Mr Abbas Abid a few questions about what he had to go through in Iraq before and so far, Mr Abbas Abid has confirmed that all the statements presented by the prosecutor team, Prof Gurdial Singh Nijar are all true.
According to the witness, Mr Abbas Abid, his dreams were shattered when he was being informed that he could not have children anymore because of the torture that he had to go through.
Prof Gurdial Singh Nijar finished testifying the statements and the court adjourned to resume at 2.00 p.m. Malaysia time (06.00 UTC).
The panel of judges entered the court room again at 2.35 p.m. The session was continued by the leader of the defense team, Mr Jason Kay Kit Leon.
Mr Jason Kay of the defense team asked a few questions of the witness, Mr Abbas Abid.
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