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🇧🇩 International Crimes Tribunal Act & The Crimes Against Humanity

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Govt to amend ICT act to widen definition
M Moneruzzaman 23 September, 2024, 23:35

The government has taken steps to amend the International Crimes Tribunal Act, 1973, to expand the definition of crimes against humanity to include enforced disappearances and five other offences.

The five additional crimes include gender-based violence, sexual slavery, enforced prostitution, forced pregnancy, and enforced sterilisation, particularly when these five acts are committed as part of a widespread or systematic attack against a civilian population, or as part of systematic persecution on political, racial, ethnic, cultural, or religious grounds, regardless of whether they violate the domestic laws of the country where they are committed.


The proposed amendment was disclosed by the law ministry at an exchange of view meeting with legal experts, academicians, former judges, rights activists, journalists, several politicians and participants in the students-led uprising that led to the downfall of Sheikh Hasina on August 5.

Law adviser Asif Nazrul moderated the session, which included contributions from local government and rural development adviser Hassan Ariff, Public Works adviser Adilur Rahman Khan, and attorney general Md Asaduzzaman.

The law adviser stated that the draft amendment would be posted on the ministry’s website to invite public feedback before it is finalised.

The government also proposed an another amendment to the ICT Act, expanding liability for crimes to include leaders of organisations, associations, or organised groups who order, permit, acquiesce, or participate in the commission of crimes, with actual or constructive knowledge of their occurrence.

Another significant proposed amendment would allow the tribunal to ban political organisations for up to ten years if they are found to have committed, aided, abetted, or facilitated any of the defined crimes.

This ban would encompass all activities, including participation in elections, organising meetings or rallies, using media or digital platforms for propaganda, fundraising and conducting financial transactions, according to the proposed amendment.

The proposed amendment grants the tribunal discretion to reduce the ban period upon application by the organisation, provided it can demonstrate substantial reforms and adherence to international humanitarian law and human rights principles.

It further stipulates that any individual violating a ban imposed under this section would face penalties as determined by the tribunal.

Additionally, the amendments empower the tribunal to record and broadcast hearings or parts of them via the internet or other means, with safeguards to protect the privacy, safety, and dignity of participants.

The proposal also allows representatives from foreign governments, non-governmental organisations, and international bodies to attend public hearings, trials, and other proceedings, subject to prior approval and accreditation.

Moreover, the tribunal would be authorised to adopt technology-based procedures and admit evidence in digital formats, including data or information from electronic, optical, or computer memory, audio or video recordings, CCTV footage, drone data, cell phone records, and other digital devices.

Most participants at the views exchange meeting appreciated the government’s move to amend the act to enable the tribunal to try those involved in crimes during the student-led mass uprising that deposed then prime minister Sheikh Hasina who subsequently fled to India.

Some participants, however, expressed concern over the proposal to ban political parties for 10 years if found guilty of crimes against humanity. They argued that punishing an entire party for the actions of individual leaders was excessive.

Several participants stressed the importance of maintaining international standards in the trials to avoid the perception that the proceedings were targeted towards Sheikh Hasina, also the president of Awami League, and her associates.

Law adviser Asif Nazrul emphasised the government’s commitment to ensure fair justice acceptable to both the people of Bangladesh and the international community.

Commenting on the recent mass killings, he stated, ‘The older generation has been disturbingly complicit in killing the youths of this country. Despite the pain and frustration, it is crucial that these trials are perceived as just.’

Asif further noted that a prosecution and investigation team had already been formed to support the tribunal’s work, but the main challenge now was reconstituting the tribunal itself. He added that the reform of the International Crimes (Tribunals) Act, 1973, would be inclusive, incorporating inputs from experts across various fields.

Among those present at the meeting were Justice Division secretary Md Golam Rabbani, ICT chief prosecutor Md Tajul Islam, Dhaka University law professor Mahbubur Rahman, and lawyers ZI Khan Panna and Sara Hossain, alongside journalists and other legal experts.​
 

First case of enforced disappearance filed against Hasina, aides with ICT
Staff Correspondent 23 September, 2024, 23:38

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Sheikh Hasina | File photo

The maiden case of enforced disappearance was filed with the International Crimes Tribunal on Monday against deposed prime minister Sheikh Hasina, Dhaka Metropolitan Police detective branch official Mashiur Rahman and 23 of her associates.

A businessman, Enamul Kabir, filed the complaint with the International Crimes Tribunal on Monday on charge of crimes against humanity.

Enamul alleged that he was abducted from his business premises in Basabo area in the capital on November 17, 2018, and held in captivity for 10 days.

He claimed that he was blindfolded and subjected to inhumane torture on the orders of the then DB officer Mashiur Rahman.

Enamul believed that the purpose of the torture was to extract information about Bangladesh Jamaat-e-Islami.

The complaint called for an investigation into all cases of enforced disappearances during Sheikh Hasina regime, spanning from January 2009 until her resignation amid a student-led mass uprising on August 5.

Nine days after his abduction, Enamul was charged under the Explosive Substances Act, with allegations that explosives were found at his business.

He was later released on bail after an extended period in custody.

At a press briefing, ICT chief prosecutor Md Tajul Islam said that the investigation agency would scrutinise Enamul’s complaint before initiating any broader investigations into enforced disappearances.

Enamul Kabir’s complaint became the second case of enforced disappearance filed with the ICT, bringing the total number of cases against Hasina and her associates to 31 since her resignation and fleeing to India on August 5.

On Sunday, the ICT received its first complaint related to enforced disappearance against six Rapid Action Battalion officers, accused of abducting and torturing physician Israt Rafique Eshita in 2021.

Eshita, in her complaint, alleged that RAB officers abducted her from her Kafrul home on July 28, 2021, and subjected her to inhumane torture.

In addition to these enforced disappearance cases, 144 other criminal cases have been lodged with the ICT against Hasina, her cabinet members, political colleagues, and senior law enforcement officials.

Many of these cases pertain to the killings of students during the student-led movement against discrimination between July 16 and August 5.

On Monday, a fresh case was filed against Hasina, her younger sister Sheikh Rehana, and 69 others, over the killing of garment worker Md Fazlu during the protest in the capital’s Mirpur-14 on August 5.

Fazlu’s wife, Suraiya, lodged the complaint with the court of Dhaka metropolitan magistrate Md Saiful Islam. The court directed the Police Bureau of Investigation to probe the matter and submit a report.

The complaint details how Fazlu was shot near the Mirpur-14 police lines at about 10:00am on August 5.

He was rushed to Max Medical College Hospital, where doctors pronounced him dead. Among the accused in the case are former home minister Asaduzzaman Khan and former state minister for industries affairs, Kamal Ahmed Majumder.​
 

ICT case filed against six RAB officers
Staff Correspondent 23 September, 2024, 00:29

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A case was filed with the International Crimes Tribunal against six Rapid Action Battalion officers on charge of crimes against humanity for reported abduction, enforced disappearance and torture of a physician in 2021.

In the first-ever case filed with the tribunal for reported abdcutionand enforced disappearance, the complainant, physician Israt Rafique Eshita, alleged that the officers abducted her from her house at Kafrul in the capital on July 28, 2021.

The accused officers include the then Squadron Leader Ali Ashraf, IT expert Rakib, and additional superintendent of police Md Akhteruzzaman.

According to Israt’s complaint, she became a victim of enforced disappearance after the battalion officers abducted her and held her in an undisclosed location, where she was subjected to torture. She was produced before the media by the battalion five days later, on August 1, 2021.

On the following day, August 2, 2021, Israt was publicly presented as a ‘fake physician’ and implicated in three narcotics-related cases, which she claimed, were fabricated.

Her case took to 30 the number of cases filed with the tribunal, mostly targeting deposed prime minister Sheikh Hasina, since her resignation and fleeing to India on August 5.

In a related development, the International Crimes Tribunal-1 has received two more complaints against Sheikh Hasina, involving allegations of crimes against humanity in connection with the deaths of Dr Sajib Sarkar and Sheikh Ashabul Yamin, both of whom were killed in police firing during the student-people uprising on July 18.

Halim Sarkar, the father of Dr Sajib Sarkar, filed a complaint accusing 71 individuals, including police members, of killing his son.

Sajib, who completed his MBBS from Taherunnesa Medical College in 2020, was shot dead by police at Azampur of Uttara in the capital during peaceful protests.

‘They killed my innocent son, and I want justice,’ Halim Sarkar told the media after filing the case.

In another complaint, Yamin’s uncle, Md Abdullah Al Mun Kadir, accused 78 individuals, including Sheikh Hasina, Awami League leaders Obaidul Quader, Zunaid Ahmed Palak, and Mohammad A Arafat, of genocide and crimes against humanity under the International Crimes (Tribunals) Act of 1973.

Yamin was reportedly detained by police during the student-people uprising in Savar and shot at point-blank range. Disturbing footage of the police dragging Yamin’s body to an armoured vehicle, dropping it on the street, and brutally discarding it on a road divider went viral and shocked the nation. Yamin was rushed to Savar Enam Medical College Hospital, where doctors pronounced him dead.

The allegations against the accused are being pursued under sections 3(2), 4(1), and 4(2) of the International Crimes (Tribunals) Act, as calls for justice intensify following the tragic events of July 18.​
 

Complaint filed at commission on forced disappearances against ex-army chief, 2 army officials
Staff Correspondent
Dhaka
Published: 30 Sep 2024, 21: 41

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Enforced disappearance Representational image

A complaint has been filed at the commission of inquiry on enforced disappearances against three former army officials including former army chief General (retd) SM Shafiuddin Ahmed.

The other two officials facing the allegations are Lieutenant General (retd) Md. Akbar Hossain and Major General (retd) Md. Sarwar Hossain.

Supreme Court lawyer and former army official Major General (retd) M Sarwar Hossain filed the allegation on Sunday, detailing the events of enforced disappearances, of which he was a victim.

M Sarwar Hossain confirmed the matter to Prothom Alo on Monday.

No commissioner or officials of the commission made any official statement on the matter. Wishing anonymity, commission officials said they have received several complaints.

Lawyer Major General (retd) M Sarwar Hossain called the three former army officials the friends of the autocrat, masterminds of killings and enforced disappearances, as well as architects and protectors of secret prison (known as Aynaghar).

The complainant said the defendants in collusion among themselves took Sarwar to the headquarters of the Director General of Forces Intelligence (DGFI) for tea at 11:00 am on 27 October 2016 where he was threatened to be detained in the secret prison for speaking against the government. He, however, was released after 11 hours.

According to M Sarwar Hossain, he went to voluntary retirement after serving in the army for 20 years and then joined the law profession in 2007. He has been speaking about good governance, justice, democracy and human rights at various forums since 2008; especially he participates in discussions at various local and foreign media.

M Sarwar Hossain further alleged the accused persons could not take any criticism. Since he spoke about democracy, good governance and human rights, as well as criticised the fascist rule, these three army officials were furious against him.

The complainant against the former army chief SM Shafiuddin Ahmed said he suppressed people with different opinions, committed crimes against human rights, and destroyed democracy by aiding in the staged elections in 2024.

Lieutenant General (retd) Md. Akbar Hossain faced complaint of detaining numerous people in secret prison from 2010 to 2018 when he served in the DGFI, as well as of killing people in so-called crossfire, destroying democracy by aiding in the staged elections in 2024 and being a close friend of the fallen dictator.

Major General (retd) Md. Sarwar Hossain is alleged to have committed and aided in various crimes of human rights violations including enforced disappearances and killing while serving as the director of DGFI in 2015 and 2016. He was also a close friend of the fallen autocrat, said the complaint.​
 

Complaint filed at ICT accuses AL, 14-party allies of committing genocide
Staff Correspondent 02 October, 2024, 16:39

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BSS photo

A complaint was on Wednesday filed with the International Crimes Tribunal seeking a 10-year ban on the Awami League-led alliance, accusing them of committing genocide and crimes against humanity during the student-led mass uprising.

The complaint alleged that the law enforcement agencies that acted on orders from the alliance were instructed to ‘shoot on sight’.

The orders from the alliance led to the deaths of 1,581 people, most of them students during the student-mass uprising.

The first-ever complaint against AL along with its allies for committing crimes against humanity during the student-led revolution was filed by Bobby Hajjaj, the chairman of the Nationalist Democratic Movement.

The student-led movement intensified between July 16 and August 5.

With the latest complaint, the number of genocide and crimes against humanity cases brought before the ICT has risen to 35. Among them, 16 relate to atrocities committed during Bangladesh’s 1971 War of Independence, which remain pending before the tribunal.

According to the health affairs sub-committee of the Student Movement Against Discrimination, the death toll rose as violence escalated, culminating in the resignation of Awami League President Sheikh Hasina as prime minister and fleeing to India on August 5.

Hajjaj called on the ICT to investigate the Awami League, the Workers’ Party of Bangladesh, Jatiya Samajtantrik Dal-Jasod, and AL’s other allies for their role in the alleged atrocities.

He requested the tribunal to hold the alliance leaders accountable for their decision to impose a curfew on July 19, during which security forces were allegedly given orders to shoot on sight.

‘This was a premeditated massacre,’ said Hajjaj.

‘By giving such an order, the Awami League and its allies committed genocide and crimes against humanity.’

The complaint specifically named key alliance partners, including Sheikh Hasina-led Awami League, the Jatiya Party-JP led by Anwar Hossain Manju, Bangladesh Samyabadi Dal led by Dilip Barua, Workers’ Party of Bangladesh led by Rashed Khan Menon, and the Bangladesh Tarikat Federation, among others. The coalition is accused of orchestrating widespread violence and violations of international humanitarian law.

ICT prosecutor BM Sultan Mahmud confirmed that the complaint sought to impose ban on the Awami League and its alliance for 10 years if found guilty of genocide and crimes against humanity.

This development comes shortly after the interim government proposed an amendment to the ICT Act on September 23.

The amendment would expand the scope of liability for crimes to include leaders of organisations or groups who order, permit, or participate in the commission of atrocities, with actual or constructive knowledge of the crimes. If passed, this amendment would empower the tribunal to ban political organisations for up to 10 years if found guilty of committing, aiding, or abetting crimes against humanity.

Besides this, another complaint was filed with the tribunal against Hasina and her 24 associates on charge of genocides and crimes against humanity over the killing of class X student Anas in the capital’s Chankharpul on August 5.

Anas’ father Mohammad Palash filed the complaint with the office of the ICT chief prosecutor Md Tajul Islam.

‘Anas joined the Anti-Discrimination Student Movement in Chankharpul on August 5. He left a letter for his parents, seeking their forgiveness and urging them to be proud of him if he failed to return from protest.

‘Anas was shot to death. We have received video footage of members of Armed Police Battalion shooting indiscriminately in the alleys on that day,’ the chief prosecutor Tajul Islam said.​
 

গণহত্যার বিচার শুরু হলে অনেক দ্বিধা-প্রশ্ন দূর হয়ে যাবে: আসিফ নজরুল
সপ্তাহ খানেকের মধ্যে আইসিটি (আন্তর্জাতিক অপরাধ ট্রাইব্যুনাল) গঠিত হয়ে যাবে।

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অন্তর্বর্তী সরকারের আইন উপদেষ্টা আসিফ নজরুল | ছবি: টেলিভিশন থেকে নেওয়া

ছাত্র-জনতার আন্দোলনে গণহত্যার প্রচুর আলামত পাওয়া গেছে জানিয়ে অন্তর্বর্তী সরকারের আইন উপদেষ্টা আসিফ নজরুল বলেছেন, 'আমরা যখন জুলাই-আগস্ট মাসে পৈশাচিক গণহত্যার বিচার অচিরেই শুরু করব, তখন দেখবেন, আমাদের অনেক দ্বিধা, অনেক প্রশ্ন দূর হয়ে যাবে।'

আজ শুক্রবার বিকেলে সিরাজগঞ্জ পৌর শহরের শ্রী শ্রী মহাপ্রভুর আখড়া পূজামণ্ডপে সনাতন ধর্মাবলম্বীদের সঙ্গে মতবিনিময় শেষে গণমাধ্যমকর্মীদের প্রশ্নের জবাবে তিনি এই কথা বলেন।

আসিফ নজরুল বলেন, 'আনন্দময় পরিবেশ বিরাজ করছে, এটা দেখে আমারও আনন্দ লাগছে। আমি শুনেছি, সিরাজগঞ্জে আজকে যে আলোকসজ্জা হবে, সেটা নাকি বাংলাদেশের অন্যান্য জেলা থেকে আরও বেশি সুন্দর ও উজ্জ্বল হবে।'

তিনি বলেন, 'আমরা এই দেশে কেউ ধর্মলঘু না, ধর্মগুরু না। কেউ আমরা সংখ্যালঘু না, সংখ্যাগরিষ্ঠ না। আমরা সবাই বাংলাদেশের নাগরিক। আমরা সবাই সমান মর্যাদা, সমান অধিকার ভোগ করে থাকব। সবাই সব ধর্মের প্রতি সম্মান-ভালোবাসা নিয়ে থাকব। সবাই শান্তিতে এবং সুখে থাকব।'

অন্তর্বর্তী সরকার ন্যায়বিচার নিশ্চিত করতে বদ্ধ পরিকর জানিয়ে আইন উপদেষ্টা বলেন, 'সপ্তাহ খানেকের মধ্যে আইসিটি (আন্তর্জাতিক অপরাধ ট্রাইব্যুনাল) গঠিত হয়ে যাবে। এর কাজ কিন্তু ইতোমধ্যে শুরু হয়েছে। আমাদের প্রসিকিউটর টিম গঠিত হয়েছে এক মাস হয়ে গেছে। আমাদের ইনভেস্টিগেশন টিম গঠিত হয়েছে দুই সপ্তাহ হয়ে গেছে। প্রচুর আলামত আমরা পেয়েছি, আমি উনাদের থেকে যেটা শুনেছি।'

'আমরা যখন জুলাই-আগস্ট মাসের পৈশাচিক গণহত্যার বিচার অচিরেই শুরু করব, তখন দেখবেন, আমাদের অনেক দ্বিধা, অনেক প্রশ্ন দূর হয়ে যাবে,' বলেন তিনি।​
 

Justice Golam Mortuza appointed new chairman of International Crimes Tribunal
FE ONLINE DESK
Published :
Oct 14, 2024 20:26
Updated :
Oct 14, 2024 21:20

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Justice Md Golam Mortuza Majumdar, recently appointed as an additional judge in the High Court, has been selected to lead the International Crimes Tribunal (ICT) by the government.

This was announced by Law Adviser Professor Asif Nazrul at a press briefing at the Secretariat on Monday evening.

He informed that Justice Md Shafiul Alam Mahmud and retired District and Sessions Judge Md Mohitul Haque Enam Chowdhury are the other members of the tribunal.​
 

Journalists facing ICT cases will get justice
Says law adviser

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Law Adviser Prof Asif Nazrul has said the complaints that have been filed with the International Crimes Tribunal against journalists will be carefully examined to ensure justice and avoid unnecessary harassment.

"There will be a trial, and it will ensure justice. The prosecution team at the International Crimes Tribunal will strictly carry out the scrutinisation process by following due diligence."

He made the remarks as reporters drew his attention to the ICT cases filed against journalists when he went to inspect the renovation work of the tribunal building in the capital yesterday.

"We have come to know that at least 1,500 people were killed, and thousands more were left paralysed due to limb loss during the July uprising. There have been no instances of such genocide in Bangladesh or the subcontinent during peacetime. It is also rare around the world.

"Therefore, we are pledged bound to the people of the country to try those involved in the genocide."​
 

ICT to begin trial for crimes against humanity in July-August uprising Thursday
M Moneruzzaman 15 October, 2024, 19:42

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Advocate Mohammad Tajul Islam, chief prosecutor of the ICT, speaks to media at the tribunal building in Dhaka on Tuesday. | BSS photo

The International Crimes Tribunal, reconstituted under the interim government, is set to begin its proceedings on Thursday.

The government has iterated that prosecuting those responsible for the July-August massacre is a top priority.

At a press conference held at the Foreign Service Academy, deputy press secretary Abul Kalam Azad Majumder emphasised the government’s focus on bringing the perpetrators of the July massacre to justice.

He added that political parties involved in dialogues with the advisory council have also expressed strong support for prosecuting those responsible for the mass killings during the student-led uprising.

Chief prosecutor Mohammad Tajul Islam, in a separate briefing, confirmed that the tribunal would commence its proceedings on Thursday.

His remarks followed a courtesy visit by Tajul Islam and his prosecution team to the newly appointed chairman, Justice Md Golam Mortuza Mozumder, and tribunal members Justice Md Shofiul Alam Mahmood and retired district judge Md Mohitul Haq Anam Chowdhury.

Tajul explained that the prosecution team would officially welcome the new judges at the Tribunal courtroom today and appear before the tribunal during its first sitting on Thursday.

He declined to disclose specific cases but noted that the prosecution would seek necessary orders over the pending complaints.

As of October 15, the tribunal has received 39 complaints of genocide and crimes against humanity filed against Sheikh Hasina, her cabinet members, and associates over the killings during the July-August mass uprising and enforced disappearance incidents during the Awami League regime.

Additional criminal cases, largely related to killings during the student-led mass uprising, have also been lodged following Sheikh Hasina’s resignation and flight to India on August 5.

The tribunal is also handling over 26 cases relating to the atrocities committed during the War of Independence in 1971 initiated by the past Awami League government.

During the past 15-year rule of the Awami League government, attorney general Md Asaduzzaman earlier on October 5 disclosed to the journalists that over 4,000 people were killed extrajudicially, 700 were victims of enforced disappearance, and 60,000 were accused in ‘fictitious cases.’

Interim government law adviser Asif Nazrul, during a visit to inspect the renovation progress of the tribunal, reaffirmed the government’s commitment to holding fair trials.

‘We are determined to ensure justice for the families and victims of these atrocities,’ he said.

Nazrul recalled that at least 1,500 students and civilians were killed, and thousands more injured, during indiscriminate firing ordered by the Awami League government during the July-August movement.

‘This level of brutality during an anti-government movement is unprecedented,’ he remarked.

He expressed optimism that by November 5 the tribunal would be able to resume proceedings related to the July-August massacre once renovations were complete.

Nazrul also assured that the prosecution team would follow due process in handling the genocide complaints, including those involving journalists, to ensure fair trials.

Housing and industries adviser Adilur Rahman Khan accompanied Nazrul during the visit, both of whom later met with the newly appointed tribunal judges.​
 

ICT issues arrest warrants against Hasina, 45 others
Directs authorities to produce them before court by Nov 18

The International Crimes Tribunal (ICT) today issued arrest warrants against former prime minister Sheikh Hasina and 45 others, including top Awami League leaders, in connection with alleged crimes against humanity committed during the July-August uprising.

ICT, led by its chairman Justice Md Golam Mortuza Majumdar, passed the orders after the prosecution filed two petitions with the tribunal, seeking arrest warrants against them, Chief Prosecutor Muhammad Tajul Islam told The Daily Star.

The tribunal also directed the authorities concerned to produce the 46, including Hasina, before it after arresting them by November 18, he said.

Former ministers Obaidul Quader, Asaduzzaman Khan Kamal, Hasan Mahmud and Anisul Huq are among the 46, tribunal sources said.

On October 14, the government reconstituted the ICT by appointing Justice Mortuza as chairman, and Justice Shafiul and former judge Mohitul as members.

On October 15, Justice Mortuza and two members of ICT -- Justice Md Shafiul Alam Mahmud and former district and session's judge Md Mohitul Haque Enam Chowdhury -- joined the tribunal.

Justice Mortuza and Justice Shafiul are among 23 additional judges appointed to the High Court on October 8.

This followed the government's decision last month to reform both the prosecution team and the investigation agency of the tribunal.

The move is aimed at expediting the trials of crimes against humanity and genocide committed during the July-August uprising, which culminated in the fall of the Hasina-led government on August 5.

At least 753 people were killed and thousands more injured during the mass uprising.

So far, over 60 complaints of crimes against humanity and genocide have been filed against Hasina and many of her party men with the ICT investigation agency and the prosecution team.

The investigation agency and the prosecution team have already launched probes into the complaints.

The government has also prepared a draft to amend the International Crimes (Tribunals) Act-1973.​
 

Govt to take all necessary steps to repatriate Sheikh Hasina: Adviser
Diplomatic Correspondent
Dhaka
Published: 17 Oct 2024, 20: 05

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Md Touhid Hossain speaks to the media at the foreign ministry in Dhaka on 17 October, 2024. Courtesy

The interim government will take all necessary measures to repatriate former prime minister Sheikh Hasina, said Md Touhid Hossain, the foreign affairs adviser.

He made the statement while speaking to the media at the ministry on Thursday afternoon, hours after the International Crimes Tribunal issued an arrest warrant against Sheikh Hasina.

When a journalist asked about the government's stance on bringing Sheikh Hasina back, the adviser said, "We received the news only five minutes ago. Of course, we will take necessary actions. The court has given a one-month deadline, and we will do whatever is necessary to repatriate her within this time frame."

Regarding the process of repatriation, Md Touhid Hossain said, "The mode of repatriation is not important here. What is important is that the court has ordered her arrest. The warrant was not directed at me, but to the police. However, since Sheikh Hasina is not in the country, the police will not be able to execute the order. When it is passed to us, it will be taken care of."

Another journalist asked about Sheikh Hasina's current status in India, the adviser said they just received the information (warrant) and were awaiting further updates. "We will be able to share once we get the details," he added.

The International Crimes Tribunal has issued an arrest warrant for former prime minister Sheikh Hasina, along with warrants for 44 others, including Awami League general secretary Obaidul Quader.

The warrants were issued on Thursday following two separate pleas. The tribunal's trial for the killings during the student-led mass uprising began Thursday morning.

Chief prosecutor of the tribunal, lawyer Mohammad Tajul Islam, commented on the widespread nature of these crimes across Bangladesh.

He stated, "I appealed to the court that if the accused individuals, who are extremely influential, are not arrested, it will be impossible to conduct a thorough investigation. General people, even family members of the deceased, do not dare to speak out due to fear. In the interest of a fair investigation, we requested the issuance of arrest warrants."​
 

Supressing mass uprising: ICT probe body seeks info from public

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The investigation agency of the International Criminal Tribunal (ICT) yesterday issued a public notice seeking information on the crimes committed to suppress the anti-discrimination student movement in July and August.

The public notice was issued by retired Additional Inspector General of Police Mazharul Haque, coordinator of the investigation agency housed at 87, Comrade Farhad Road in Dhanmondi 11/A.

Necessary confidentiality will be maintained in this regard, the notification assured.

The notification called upon people to contact the ICT investigation agency's Dhaka office if they have any information, documents, photographs, audio-video clips, etc related to killings, serious injury, arson, looting, and other crimes to use those as evidence.

Various forces of then government and Awami League-led coalition parties, allied organisations, criminal individuals or groups have committed the crimes during the period from July 1 to August 5, 2024, aimed at suppressing the anti-discrimination student movement, it said.

People are requested to send the required information via email at coordinator@ictbdinvestigation.gov.bd and mobile numbers 01711-905603, 01611-905603 (during office hours) of the investigation agency.

Over 50 complaints have so far been submitted to the agency and the prosecution office of the ICT from July 5 to August 5, for the genocide and crimes against humanity committed across the country.

The ICT began the trial proceedings with the issuance of arrest warrants against 46 people, including former Prime Minister Sheikh Hasina on Thursday.​
 

Some concerns about the proposed changes in international crimes tribunals
Concerns about the international crimes tribunals act amendment

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VISUAL: ANWAR SOHEL

While presenting a draft amendment to the International Crimes (Tribunals) Act, 1973—during a recent stakeholder discussion aimed at improving transparency in trial proceedings to prosecute crimes committed to suppress the mass uprising that toppled Sheikh Hasina's autocratic regime—a few concerns have arisen about the law's alignment with international standards, along with some laudable propositions.

The good news is that, at the invitation of the interim government, a fact-finding team from the United Nations Office of the High Commissioner for Human Rights has already launched an independent investigation into human rights violations that occurred between July 1 and August 15 this year during the student-led protests. Newspaper reports indicate that the team will investigate 15 categories of human rights violations, including crimes against humanity and extrajudicial killings, with the investigation report expected to be submitted to the interim government by the last week of November. The fact-finding team is mandated to establish facts, identify responsibilities, analyse root causes, and make concrete recommendations for Bangladesh to address past human rights violations and prevent their recurrence, according to a UN statement.

Meanwhile, the central health committee of the anti-discrimination student movement, in its latest estimate, reported that 1,583 individuals had been killed and over 22,000 injured during the July-August unrest. This information was shared by the chief adviser of the interim government in a post from his verified Facebook page on October 6.

Speaking at the brainstorming session on the amendment to the law, Law Adviser Prof Asif Nazrul made the government's intentions clear, saying, "We no longer want wounds or divisions in this society. Through these trials, we want to initiate a process of reconciliation. Everyone should agree that the trial conducted is fair and that the punishment, if given, is fully deserved."

However, the provision for death penalty in Bangladesh's justice system is a major roadblock to bringing the process in line with global standards, especially when democracies around the world are calling for complete abolition of capital punishment. At the end of 2023, as many as 112 countries were fully abolitionist and 144 in total abolished the death penalty in law or practice, according to Amnesty International. The proposed changes to the law in Bangladesh, regrettably, fall short of embracing the principle of abolishing the death sentence. And since the UN opposes the use of the death penalty, there is no scope for UN endorsement in this matter. Death penalty is irreversible, leaving no room for correction in the event of judicial errors, and it has proven ineffective as a deterrent to crime. Its most troubling aspect, however, is its frequent misuse to suppress dissent, whether political, religious or otherwise.

The judiciary has the critical responsibility of preventing miscarriage of justice and ensuring that no innocent person is wrongfully convicted or punished. As the saying goes, "It is better to let a hundred guilty persons go free than to convict one innocent person."

Another eyebrow-raising aspect of the proposed changes to the 1973 law is the call for the introduction of a provision that would allow banning political parties for up to 10 years if found guilty of crimes against humanity or genocide. If implemented, this provision risks treading a fine line between justice and the violation of fundamental rights. It is worth noting that no political party's charter or constitution endorses acts such as murder, violence, discrimination of any kind, or crimes against humanity, raising the question of whether a political party as an entity can truly be held criminally responsible. In practice, criminal charges are typically brought against individuals or leaders within the party, rather than the organisation as a whole.

Let's look at the existing laws that prohibit people from forming parties. Article 38 of the constitution states that no citizen shall have the right to form or be a member of an association if it is formed with the intent to destroy religious, social or communal harmony among citizens; to create discrimination among citizens on the grounds of religion, race, caste, sex, place of birth or language; to organise terrorist acts or militant activities against the state, its citizens, or any other country; or if its formation and objectives are inconsistent with the constitution. According to Section 18 (1) of the Anti-Terrorism Act, 2009, the government, based on reasonable grounds, may issue a gazette notification to include an individual in the schedule or declare an entity banned and list it in the schedule for being involved in terrorist activities. Therefore, the authorities' task is to prove that the entity to be banned is involved in terrorist activities. Is doing so as simple as it sounds?

Appointments of foreign lawyers in court proceedings, along with the recording and broadcast of trials via the internet or other mediums are commendable measures. Moreover, the decision to allow representatives from foreign governments, non-governmental organisations, and international organisations to attend public hearings, trials and other proceedings reflects a commitment to openness and accountability.

With Bangladesh embarking on broader reforms across all spheres of governance, these trials to prosecute those responsible for upholding and promoting a fascist regime of 15 years must meet international standards of transparency. Only through such rigorous legal processes and appropriate punishments can the country hope to eradicate the roots of autocracy and fascism altogether.

Shamim A Zahedy is a journalist.​
 

ICT sends names of Hasina, 22 others to IGP for arrest
M Moneruzzaman 22 October, 2024, 00:19

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The International Crimes Tribunal on Monday forwarded the names of deposed prime minister and Awami League president Sheikh Hasina and 22 of her associates to the inspector general of police requesting action on arrest warrants issued in connection with two cases related to crimes against humanity during the student-mass uprising in July and August.

These 23 individuals are among 46 accused against whom the ICT issued warrants of arrest on October 17.

Besides Sheikh Hasina, the list includes names of her relatives, her cabinet members, Awami League politicians, a retired Appellate Division judge, an author and university professor, former army officers, and former senior police officers.

The names sent to the IGP include former prime minister Sheikh Hasina, her younger sister Sheikh Rehana, her son Sajeeb Wazed Joy, former state minister for information and broadcasting Mohammad Arafat A Hossain, former information and communication technology state minister Zunaid Ahmed Palak, former home minister Asaduzzaman Khan, former liberation war affairs minister AKM Mozzammel Haque, former law minister Anisul Huq, former education minister Dipu Moni, senior Awami League leader Sheikh Selim, Sheikh Fazle Noor Taposh and Juba League chairman Sheikh Fazle Shams Porash.

The former officials of law enforcement agencies whose names were sent to the IGP include ex-inspector general of police Chowdhury Abdullah Al Mamun, former Detective Branch chief Harun-or-Rashid, and former Dhaka Metropolitan Police commissioner Habibur Rahman.

The names further include former Rapid Action Battalion’s Harun-Ar-Rashid, former major general Ziaul Ahsan and high-ranking police officials Monirul Islam, Biplob Kumar Sarkar, and Prolay Kumar Zoarder.

The names also include Sheikh Hasina’s military adviser Tareque Ahmed Siddique, retired Appellate Division judge AHM Shamsuddin Chowdhury, and writer and professor Muhammad Zafar Iqbal.

Though these 23 names were disclosed to the IGP, the identities of the other 23 accused persons were kept undisclosed to protect the integrity of the ongoing investigation, according to sources familiar with the matter.

The list of the disclosed names was also sent to the Department of Prisons to check the names of accused already arrested in other cases, the sources said.

ICT prosecutor Tamim Gazi Monwar Hossain said that the list of names submitted to the IGP does not include all the 46 wanted accused individuals.

He added that the IGP was asked to provide information regarding the whereabouts of the accused.

‘Once we receive the IGP’s report, we will request the tribunal to issue detention orders for the accused already held in other cases,’ Tamim said.

The arrest warrants were issued on October 17 after the chief prosecutor filed two separate petitions—one against Hasina and the other targeting Awami League general secretary Obaidul Quader and other former government officials. The tribunal has ordered that all accused appear before the court on November 18, marking the next stage of legal proceedings.

Though the full list remains confidential, the chief prosecutor, Md Tajul Islam, confirmed that the names of Awami League president Sheikh Hasina, AL general secretary Obaidul Quader and former home minister Asaduzzaman Khan were disclosed publicly.

Meanwhile, the International Crimes Tribunal on Monday received seven more complaints over enforced disappearances and crimes against humanity allegedly committed by Sheikh Hasina and her associates during the student-led mass uprising until August 5 from July 1.

Since her ousting as prime minister and fleeing to India following the mass uprising on August 5, at least 45 ICT cases have been filed against Hasina and her associates.

Five complaints over enforced disappearance were filed by the central committee of Islami Chhatra Shibir, the student wing of Jamaat-e-Islami.

A businessman named Humayun Kabir filed another complaint against 42 including Hasina, for keeping him confined for 11 days in an ‘Ayna Ghor’ in 2018.

Meanwhile, another complaint was filed over the murder of one Mohammad Hridoy on August 5 in the Gazipur Konapara area during the mass-uprising.

Besides, two more cases were filed on Monday with Shahbagh police station and a Dhaka Metropolitan Magistrate court against Hasina and her aides for murder, and an alleged attack on protesting students by the Bangladesh Chhatra League activists on the Dhaka University campus during the student-mass uprising.

One of the cases was filed against 391 people, including Hasina and former ministers Obaidul Quader, Mohibul Hasan Chowdhoury and BCL president Saddam Hossain for the attack at the Dhaka University campus on July 15, the police said.

The other case was filed against 57 people, including Hasina, over the killing of Sohan Shah in the capital’s Rampura area on July 19, court officials said.​
 

Mass uprising: Hasina sued at ICT over journo killing
Complaint filed against Hasina over journalist Priyo murder

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The International Crimes Tribunal (ICT) yesterday received a complaint against eight people, including ousted prime minister Sheikh Hasina, over the killing of journalist Tahir Zaman Priyo during the anti-discrimination student movement.

Martyred Priyo's mother Samsi Ara Zaman filed the complaint at the ICT chief prosecutor's office.

Priyo used to work for online news portal The Report.

He was gunned down behind Lab Aid Hospital in the Dhanmondi area of Dhaka around 5:00pm on July 19.

"Someone from a group of gunmen wearing APBn uniform shot him from behind. There are video footage of the gruesome killing of my son," the grieving mother said in the complaint.

She also said she hoped that families of all the martyrs and people injured in the student-led mass uprising would get justice at the ICT.​
 

Prosecution for transfer of all cases to ICT amid case trade allegations
Staff Correspondent 23 October, 2024, 01:05

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The chief prosecutor of the International Crimes Tribunal, Md Tajul Islam, on Tuesday announced that the prosecution would soon seek an order from the tribunal requesting transfer of all cases related to the July-August massacre from the police stations and lower courts to the tribunal.

This move came after two coordinators of the movement, Umama Fatema and Sharmin Sumi, on Tuesday visited the chief prosecutor at his office expressing concern over the innocent individuals being implicated in cases while actual perpetrators remain untouched.

They also alleged that filing cases across the country turned into a ‘business’ for some, exploiting the tragedy for financial gain.

Allegations of harassment have surfaced after cases were filed accusing 300 to 400 individuals of extortion, with demands for money from the accused.

These complaints have been reported from different parts of the country, said Umama Fatema, flanked by Sharmin Sumi, while addressing reporters inside the International Crimes Tribunal compound.

ICT chief prosecutor Md Tajul Islam urged victims of the July massacre not to file cases with police stations or courts, but to rely on the tribunal for justice. He assured that the prosecution, alongside the investigation agency, would review all complaints based on evidence to determine the true offenders, ensuring that innocent individuals are not wrongfully implicated.

Tajul also sought to alleviate fears, stating that the tribunal would not harass innocent people.

He, however, made it clear that genuine offenders involved in crimes against humanity during the July massacre would not escape prosecution.

In a related development, a new case was filed with the tribunal against deposed prime minister Sheikh Hasina and seven others in connection with the killing of journalist Tawhid Zaman of The Reporter on July 19 at the Science Lab crossing during the movement.

The victim’s sister, Tamanna Samiara, filed the complaint. The other accused included former inspector general of police Chowdhury Abdullah Al Mamun, former Ramna Zone deputy commissioner Ashraf Islam, former New Market Zone assistant commissioner Hafiz Al Asad, former officer-in-charge of New Market police station Aminul Islam, and 30-40 unidentified members of the Special Security and Protection Battalion, along with some unidentified members of the Border Guard.

Since her ousting as prime minister and fleeing to India following the mass uprising on August 5, over 70 ICT cases have been filed against Hasina and her associates, according to the ICT prosecutor.

Moreover, Hasina and her associates were made accused in over 100 murder cases filed with courts and police stations across the country over the July massacre.

Besides this, a total of 237 people, including ousted prime minister Sheikh Hasina, were sued over the murder of Jatiyatabadi Shramik Dal activist Abdul Hannan.

Hannan’s brother-in-law Dipokul Islam Dipu filed the complaint with the court of Dhaka Metropolitan Magistrate, Md Ali Haider, on October 21.​
 

ICT gets five more prosecutors

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The government has appointed five more prosecutors to the International Crimes Tribunal (ICT), bringing the total number of prosecutors to nine.

The newly-appointed five prosecutors are -- SM Moinul Karim, Md Nure Ershad Siddiqui, Shaikh Mahdi, Tarek Abdullah, and Tanvir Hasan Joha.

Of the five, SM Moinul Karim and Md Nure Ershad have been appointed with the status of deputy attorney general, while the rest except Tanvir Hasan Joha will get the status of assistant attorney general. Joha is a digital forensic expert.

The solicitor wing of the Law and Justice Division issued a gazette notification in this regard on Thursday, mentioning that the order comes into effect immediately.

The government on September 7 appointed four prosecutors, with Supreme Court Advocate Muhammad Tajul Islam being made the chief prosecutor.

The three other prosecutors are Gazi Monawar Hossain Tamim, BM Sultan Mahmud, and Abdullah Al Noman.​
 

Bangladesh’s ICT asks jail authorities to produce 14 politicians, 6 ex-security officials over crimes against humanity
M Moneruzzaman 27 October, 2024, 15:42

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File photo

The International Crimes Tribunal on Sunday ordered jail authorities to produce 14 political leaders, a retired Supreme Court judge, five former police officers, and a dismissed army officer before it.

The three-member tribunal, led by its chairman Justice Md Golam Mortuza Mozumder, also issued warrants for the arrest of former Dhaka Metropolitan Police commissioner Habibur Rahman and 16 other former high-ranking police officials.

The tribunal ordered the production of the 20 on November 18 and 20 and ordered the arrest of the 17 on charges of crimes against humanity linked to the student-people uprising that overthrew Sheikh Hasina from power.

In the face of the uprising, Hasina resigned as prime minister and fled to India on August 5.

Judges Md Shofiul Alam Mahmood and M Mohitul Hoque Anam Chawdhury are two other members of the tribunal.

Following applications submitted by chief prosecutor Md Tajul Islam, the tribunal directed that the 14 politicians would be brought before the tribunal on November 18, with the remaining six defendants scheduled to be produced on November 20.

All 20 detainees are currently held in various jails in connection with murder cases filed by the families of victims who lost their lives during the uprising.

The 14 politicians facing the crimes against humanity charges are former ministers Anisul Huq, Faruk Khan, Muhammad Abdur Razzaque, Shahjahan Khan, Kamal Ahmed Mojumder, Dipu Moni, former advisers to then prime minister Sheikh Hasina Salman F Rahman and Tawfiq-e-Elahi Chowdhury, Workers Party president Rashed Khan Menon, Jatiya Samajtantrik Dal president Hasanul Haque Inu, former textile and jute minister Golam Dastagir Gazi, former information and communication technology state minister Zunaid Ahmed Palak, retired Appellate Division judge AHM Shamsuddin Chowdhury, and former home secretary Jahangir Alam.

Additionally, five former police officers and one former army officer, including former inspector general of police Chowdhury Abdullah Al Mamun, dismissed Major General Ziaul Ahsan, and former Dhaka district officials Abdullahhil Kafi, Abul Hasan, Mazharul Islam, and Arafat Hossain have been summoned to appear on November 20. Chief prosecutor Tajul Islam confirmed that the tribunal granted their request to arrest these officials based on preliminary evidence gathered by investigators.

The tribunal ordered the arrest of former Dhaka Metropolitan Police commissioner Habibur Rahman and 16 other former high-ranking police officers in connection with alleged crimes against humanity during the July-August student-led uprising.

The tribunal has directed the inspector general of police to execute the warrants and report on their status by November 18.

Chief prosecutor Tajul Islam requested the tribunal to withhold the names of most of the implicated officers to prevent them from evading arrest.

He, however, identified key figures, including former Rapid Action Battalion officer Harun-Ar-Rashid, former Special Branch chief Monirul Islam, former Detective Branch chief Harun-Or-Rashid, and former Dhaka Metropolitan Police commissioners Biplob Kumar Sarker and Proloy Kumar Joarder.

Tajul Islam alleged that these high-ranking officers were involved in actions to suppress protesters, a strategy reportedly driven by Sheikh Hasina’s Awami League and its 14-party alliance.

In his briefing, prosecutor Tajul Islam disclosed that International Crimes Tribunal investigators had provided a list of 70–75 individuals to the prosecution, from which they selected names for arrest warrants based on initial findings.

The tribunal’s ongoing investigation underscores the gravity of the July-August uprising and the potential accountability for alleged human rights abuses.

With all the named parties facing charges, the tribunal’s proceedings are a critical step in addressing the violent suppression that marked this historic movement, according to the prosecution.​
 

ICT allows bail to ex-DG of NSI Wahidul
FE Online Desk
Published :
Oct 29, 2024 19:19
Updated :
Oct 29, 2024 19:19

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The International Crimes Tribunal (ICT) on Tuesday allowed conditional bail to former director general (DG) of National Security Intelligence (NSI) Muhammad Wahidul Haque in a crimes against humanity case.

The three-judge panel of the ICT led by Justice Md Golam Mortuza Mozumder passed the order after holding a hearing in this regard, reports BSS.

“He is 78 years old and has languished in jail for the last six and a half years after getting arrested in the case. He is suffering from different old-age complications. We had pleaded for bail, saying the former government filed the forged and fabricated case against him, being angered for not getting illegal assistance from him during his tenures in NSI and police. The tribunal after going through all the relevant documents and hearing our arguments, allowed him the bail,” defence counsel Advocate Abdus Sattar Palwan told BSS.

The defence lawyer said the court granted Haque bail on conditions of not visiting or giving any threats to any witnesses, not talking to any media, not going outside, not leaving the country and keeping his passport in court custody.

The ICT-1 on October 16, 2019, indicted Muhammad Wahidul on the charges of committing crimes against humanity, genocide, and violating the Geneva Convention in 1971.

The investigation agency of the ICT on October 30, 2018, finalised its report on a probe into the alleged crimes against humanity committed in 1971 by Wahidul Haque.

According to the prosecution, Wahidul Haque, who was an adjutant of the 29 Cavalry Regiment based in Rangpur Cantonment at the time, went on a killing spree on March 28, 1971, as he and his subordinates brushed fire on freedom-loving people of the area and killed around 600 innocents.

They also set fire to houses and burnt the bodies of those killed in their gunfire, the prosecution said.

The ICT probe body launched its investigation against Haque on December 5, 2016, and concluded on October 30, 2018. They made 54 people witnesses in the trial.

Wahidul Haque was arrested on April 24, 2018, from his Baridhara house right after the ICT-1 issued an arrest warrant against him.​
 

ICT sends ex-DMP DC Jashim to jail
M Moneruzzaman 31 October, 2024, 00:05

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The police on Wednesday produce former Dhaka Metropolitan Police deputy commissioner for Mirpur zone Md Jashim Uddin Molla, the first suspect to be brought before the reconstituted tribunal, before the International Crimes Tribunal in Dhaka on charges of crimes against humanity committed in Mirpur during the student-people uprising. | New Age photo

The International Crimes Tribunal on Wednesday sent Dhaka Metropolitan Police’s former deputy commissioner for Mirpur Zone, Md Jashim Uddin Molla, to jail in a case of crimes against humanity during the July-August students’ movement against discrimination in the capital’s Mirpur area.

Jashim is the first suspect to be brought before the reconstituted tribunal under the interim government following the fall of the Awami League regime amid a student-mass uprising on August 5.

The tribunal, comprising Justice Md Golam Mortuza Mozumder, Justice Md Shofiul Alam Mahmood, and retired district judge M Mohitul Hoque Anam Chowdhury, passed the order after the police produced Jashim before the tribunal at about 4:30pm, hours after he was arrested at a location in Rangpur.

‘As investigations continue, detention is necessary for a thorough and effective inquiry,’ said the presiding judge, Justice Golam Mortuza.

Chief prosecutor Md Tajul Islam informed the court that Jashim was arrested at Rangpur early Wednesday by the Rangpur police, two days after the tribunal had on October 27 issued warrants for arresting 17 high-ranking officers in connection with the Mirpur atrocities.

Jashim was then handed over to Gopalganj police authorities before taken to the tribunal.

The prosecution alleged that Jashim, as the deputy commissioner for Mirpur zone, was involved in mass killings and other crimes during the student-led movement.

‘Over 35 cases have been filed regarding the killings and violence across Mirpur zone, and multiple complaints against Jashim and other high-ranking officers are lodged with the tribunal,’ Tajul said.

Wearing a sleeveless black shirt and trousers, Jashim appeared visibly distressed as he was placed in the tribunal’s lockup minutes after 3:30pm.

He stood up as the judges entered. He had no lawyer to represent him.

Journalists, prosecutors, and a few lawyers witnessed the brief hearing.

After the session, Jashim’s wife and two children were permitted to meet with him in a room adjacent to the tribunal’s lockup.

On October 27, the tribunal ordered jail authorities to produce 14 political leaders, a retired Supreme Court judge, five former police officers, and a dismissed army officer before it on November 18 and November 20 on charges of crimes against humanity linked to the student-people uprising that overthrew Sheikh Hasina from power.

The tribunal also issued warrants for the arrest of ex-DMP commissioner Habibur Rahman and 16 other former high-ranking police officials.

Chief prosecutor Tajul Islam requested the tribunal to withhold the names of most of the implicated officers to prevent them from evading arrest.

He, however, identified key figures including former Rapid Action Battalion officer Harun-Ar-Rashid, former Special Branch chief Monirul Islam, former Detective Branch chief Harun-Or-Rashid, and former DMP deputy commissioners Biplob Kumar Sarker and Proloy Kumar Joarder.

Tajul Islam alleged that these high-ranking officers were involved in actions to suppress protesters, a strategy reportedly driven by Sheikh Hasina’s Awami League and its allies.

In his briefing, prosecutor Tajul Islam said that the tribunal’s investigators had provided a list of 70 or 75 individuals to the prosecution and they selected names from the list for seeking issuance of warrants of arrest, based on initial findings.

Interim government law adviser Asif Nazrul had recently reported to the press that at least 1,500 students and civilians were killed and thousands injured during the July-August movement following orders for indiscriminate firing by the then Awami League government.

The Awami League, after assuming power in January 2009, established two tribunals to prosecute those accused of crimes against humanity during the country’s Liberation War in 1971.

These tribunals concluded a total of 55 cases, primarily involving top leaders of the Bangladesh Jamaat-e-Islami.

They have been dormant since February 12, 2024.​
 
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