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[🇧🇩] International Crimes Tribunal Act & The Crimes Against Humanity

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[🇧🇩] International Crimes Tribunal Act & The Crimes Against Humanity
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Sheikh Hasina regime: trials and tribulations
by Zaki Omar 06 November, 2024, 00:00

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International Criminal Court. | Human Rights Watch

AS THE world looked on in utter horror, the brutality of the Sheikh Hasina regime unfolded with unbridled extremes, reaching its peak intensity in the second half of July 2024. By the end of July, the unabated murders, tortures, enforced disappearances and imprisonments had reached a stage unseen or unheard of since the days of the Pakistani army’s brutal occupation in 1971. As an international human rights lawyer from Bangladesh, I could no longer remain a mere observer. I rang my friend and former colleague Ms Alison Battisson, the best international human rights lawyer that I know in Australia, and we decided to lodge an urgent communique with the Office of the Prosecutor at the International Criminal Court on August 1, 2024.

Almost 12 weeks on, the scenario has changed drastically. Hasina has fled the country, and the interim government is juggling multiple challenges while striving to get state machinery back in sustainable order. Of significant relevance to this article, which will hopefully reach the attention of the chief adviser Professor Muhammad Yunus, the interim government has also appointed a chief prosecutor with a view to prosecuting perpetrators of the Hasina regime in the International Crimes Tribunal of Bangladesh.

While being fully respectful of the wishes and sentiments of all concerned to conduct trials of the Hasina regime in Bangladesh for the heinous crimes against humanity, this author requests the interim government to consider referring the Hasina regime’s crimes against humanity to the Office of the Prosecutor of the International Criminal Court for reasons including the following:

Firstly, investigation and trial by prosecutors at the ICC will attract a lot more international credibility than that of an ICT in Bangladesh. This is not to undermine the quality or prudence of our capable law officers; however, the foundational framework of the ICT has caused concerns amongst human rights groups in the past both in terms of its substantive and procedural aspects. For example, inclusion of the death penalty, offences not being delineated with sufficient clarity, perceived lack of due process for rights of accused, and prohibition in Article 47A of our constitution against right of judicial review have not only made the ICT susceptible under international standards of best practices but also require constitutional refurbishments not within the purview of the current interim government.

Secondly, the investigation and fact-finding in the age of video, audio and electronic evidence will greatly benefit from the resources and expertise of the ICC prosecutors and relevant United Nations bodies. Human Rights Watch has proposed to our interim government to present, or support the adoption of, a resolution at the United Nations Human Rights Council that establishes a UN-backed independent mechanism with a comprehensive mandate to investigate, collect, store, and analyse evidence and cooperate with credible and independent national and international bodies towards accountability in relation to the violent incidents of July and August 2024 and its root causes. The material scope of an investigation encompasses acts by all relevant actors, including but not limited to previous cases of enforced disappearances, extrajudicial killings and torture.

Thirdly, an ICC investigation will encompass all relevant actors of the Hasina regime in their involvement in crimes against humanity in Bangladesh. This will provide further credence and credibility to the interim government in its aspired role of impartiality and accountability while being steadfastly committed to the cause of justice. It will negate fear of cherry-picking of accused, or worse, a vengeful political witch-hunting exercise. As it stands, the current attorney general of Bangladesh has been a senior office bearer of the Bangladesh Nationalist Party until the day of his appointment; his additional attorney generals are all known as pro-BNP lawyers. I have personally known them as lawyers of excellent credentials and experiences; however, the fact that they are aligned with a political party at the receiving end of brutal oppression by the Hasina regime for 15 years causes concerns regarding perceived bias. The chief prosecutor of the ICT was not only the defence counsel for the Jamaat-e-Islami leaders who were previously tried in the ICT, he also served as junior counsel of the former assistant secretary general of the Jamaat-e-Islami who led the defence counsel team. We need to heed the old adage that justice must not only be done, it must also be seen to be done.

Fourthly, Sheikh Hasina is currently in India under state protection. The extradition treaty between India and Bangladesh puts an onus on India to extradite Hasina to Bangladesh under prescribed circumstances, unless the extradition is not requested ‘in good faith’ or will not serve ‘interests of justice’. For the reasons enumerated above, it will be wise to refer Hasina and her regime to the jurisdiction of the ICC and negate the possibility of India citing lack of good faith or interests of justice in order to refuse extradition, or worse, granting her a permanent political asylum for those reasons.

Fifthly, the ICC referral process may present itself as a great opportunity to establish a sound and credible factual archive of crimes committed by the fascist Hasina regime for historical records. It will pave the way to form a Truth and Reconciliation Commission without judicial powers to be mandated by the ICC and supported by our local and ICC investigators, UN experts and international human rights organisations to collect, verify, collate and archive evidence of atrocities committed by the Hasina regime. This will not only pave the way for historical evidence for future generations but will also facilitate eventual reconciliation of deep political divides that permeate our society at large. The body of evidence thus gathered and verified can then be utilised by the prosecutors at the ICC to further its prosecution of alleged perpetrators.

Karim Khan KC, the chief prosecutor at the ICC, has met chief adviser Professor Muhammad Yunus and expressed his willingness to cooperate with the interim government. However, the ICC at this stage is unlikely to proceed with its investigation into crimes against humanity perpetrated by the Hasina regime unless voluntarily referred to by the interim government while holding its domestic investigations or prosecutions in abeyance. Because of the issue of admissibility under the Rome Statute by which it is governed, the ICC will not assume jurisdiction in cases where the relevant member state is investigating or prosecuting the alleged perpetrators under its own domestic laws. However, for the sake of international credibility and eventual healing of the deepening fault lines of historical animosity that have divided us since independence, an impartial international conduct of trials by ICC prosecutors at this juncture may well be the most prudent way forward.

Zaki Omar is an international human rights lawyer based in Australia.​
 

Want to leave culture of filing wholesale cases behind: Asif Nazrul

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Prof Asif Nazrul

Law Affairs Adviser Asif Nazrul today said the government wants to come out of the culture of filing wholesale cases.

"We want to establish true justice. We want to get out of the culture of filing wholesale cases, using the judiciary to harass people, destroying people's livelihoods, and creating continuous grievances, anger, and discord among people," he said while addressing the judges of the High Court Division.

"People come to the judges asking for justice. They [judges] feel embarrassed. Why do you feel embarrassed? The people seeking justice have come to you after finding no justice elsewhere. How can you feel embarrassed?" he asked.

"You felt embarrassed to accept the appeal of the current Chief Advisor Dr Yunus. Why did you feel that way? Isn't this your duty? Isn't it your constitutional duty? You can listen [hold hearing] and reject it. That's not a problem. Your reputation has been tarnished by some judges," added Asif Nazrul.

"Don't say these things anymore. People are not fools," he also said.

"The fascist government started the culture of false and wholecase cases ... Many have been subjected to that," he added.​
 

It’s embarrassing for the govt
Says Asif Nazrul

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Law Adviser Asif Nazrul yesterday said common people, particularly the political victims and rivals, are still filing wholesale cases against others since August 5, which is embarrassing for the current government.

"During the regime of the fascist government, ghost cases were filed against people. The then government itself used to file such cases," the adviser said.

"Our government is not filing such cases," he said.

Asif Nazrul made the remarks while talking to reporters after a meeting with the members of the judiciary reform commission at the Judicial Administration Training Institute (JATI) in the capital.

Asif Nazrul said he requested the members of the judiciary reform commission to provide suggestions to the government regarding how to deal with this crisis.

He also said the interim government is working to formulate a law for the appointment of High Court judges.

In 2008, an initiative was taken to make a law for the appointment of HC judges, but it was cancelled during the Awami League's regime.

At the meeting, Asif Nazrul appreciated the progress of the judiciary reform commission's activities.

He said the government is optimistic about the commission's way of working despite limitations.

Members of the commission, including its chief, Justice Shah Abu Nayeem Mominur Rahman, were present at the meeting.​
 

Limon sues Tarique Siddique, Ziaul Ahsan
United News of Bangladesh . Dhaka 13 November, 2024, 00:46

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Limon Hossain. | New Age photo.

Limon Hossain, a resident of Jhalakati who lost his leg after being shot by the Rapid Action Battalion, has filed a complaint with the International Crimes Tribunal against nine individuals, including Sheikh Hasina’s former military adviser Tarique Ahmed Siddique and former RAB officer Ziaul Ahsan.

Limon filed the complaint on Tuesday at the office of the tribunal’s chief prosecutor.

Speaking to reporters, he stated that under the fascist Sheikh Hasina government, he was denied justice. In the hope of justice, he filed the complaint with the ICT.

Chief prosecutor Mohammad Tazul Islam informed reporters that multiple complaints were received against Ziaul Ahsan, former director-general of the National Telecommunication Monitoring Centre. Investigators had found evidence linking him to numerous killings and disappearances.

Ziaul Ahsan is currently under arrest on a tribunal order, and permission has been granted for a one-day interrogation.

Limon, son of Tofazzel Hossain from Saturia village in Rajapur, Jhalakathi, was injured in 2011 when he was shot by RAB while retrieving cattle near his home. Due to inadequate treatment, his left leg had to be amputated below the knee, leaving him permanently disabled.​
 

ICT seeks red notice for Hasina’s arrest
Chief prosecutor’s office writes to Interpol through IGP

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File photo

The chief prosecutor of the International Crimes Tribunal has sought an Interpol red notice for the arrest of former prime minister Sheikh Hasina.

Chief Prosecutor Chief Prosecutor Tajul Islam's office on Sunday wrote to the Interpol through the inspector general of police (IGP).

Hasina is accused of committing crimes against humanity and she is a fugitive, he told reporters in front of his office yesterday, adding that the IGP would forward the letter to the international organisation which facilitates worldwide police cooperation.

"There is an arrest warrant for her [in Bangladesh]…. We requested Interpol to arrest her or at least issue a red notice," he said.

A red notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action, according to the Interpol website.

Over 100 complaints of crimes against humanity have been filed against Hasina, said prosecutors.

Tajul said the tribunal also issued arrest warrants for four absconding police officers on charges of committing atrocities in the capital's Jatrabari during the mass uprising.

"Journalists and citizens filmed how a young man, injured in the leg, was rescued by his colleague and was being taken away, when Zakir Hossain, then officer-in-charge of Jatrabari Police Station, went close to them and shot him in the chest to ensure his death," he said.

The tribunal has also granted permission to the prosecutors to interrogate Maj Gen (sacked) Ziaul Ahsan, now in jail, for a day.

The three-judge panel of the ICT led by Justice Md Golam Mortuza Mozumder gave the permission.

The date of Ziaul's interrogation will not be revealed for security concerns, he said.

"He was involved in numerous murders and enforced disappearances. The ICT probe body has evidence," he said.​
 

Submit Hasina case probe report in one month: ICT
M Moneruzzaman 18 November, 2024, 12:31

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Sheikh Hasina. | File photo

The International Crimes Tribunal on Monday gave the chief prosecutor one more month to complete investigations into two complaints of crimes against humanity filed against deposed prime minister Sheikh Hasina and 46 of her associates.

The tribunal of Justice Md Golam Mortuza Mozumder, Justice Md Shofiul Alam Mahmood and retired district judge Md Mohitul Haq Anam Chowdhury, also sought the report by December 17 on the execution of the warrants for the arrest and others issued on October 17.

Chief prosecutor Mohammad Tajul Islam informed the court that efforts were under way for an Interpol red notice for Hasina, who fled to India amid the mass uprising on August 5.

The tribunal also ordered 13 of the accused, including 11 senior Awami League leaders, a retired Supreme Court judge and a former bureaucrat, to be shown arrested in the cases filed for crimes committed during the student-people uprising that deposed Hasina on August 5.

The jail authorities produced the 13 before the tribunal for the first time on Monday as per the tribunal order issued on October 17 for their production before it.

They are former ministers Anisul Huq, Faruk Khan, Shahjahan Khan, Kamal Ahmed Mojumder, Dipu Moni and Gazi Golam Dastagir, former state minister Zunaid Ahmed Palak, former prime minister’s advisers Salman F Rahman and Tawfiq-e-Elahi Chowdhury, Workers Party of Bangladesh president Rashed Khan Menon, Jatiya Samajtantrik Dal—Jasod president Hasanul Haque Inu, retired Appellate Division judge AHM Shamsuddin Chowdhury and former home secretary Jahangir Alam.

Senior AL leader Muhammad Abdur Razzaque, another accused in the same case, was not produced before the tribunal as he was in police custody in Tangail on separate charges, according to jail authorities.

Former lawmaker Golam Dastagir, in a helmet, was brought from the Narayanganj District Jail, while Dipu Moni was brought from Kashimpur Women’s Jail in prison vans.

The remaining 11 accused were transported in another prison van.

Unlike Menon and Inu, most of the accused appeared visibly somber as they exited the prison van one by one. Menon smiled while Inu waved to journalists.

Before the proceedings had started, the 12 male accused were kept in the tribunal’s lockup for about an hour. Dipu Moni was, however, kept separately, seated near Tawfiq-e-Elahi Chowdhury outside the lockup.

The tribunal proceedings began at about 11:00 am after all 13 accused were placed in the dock inside the courtroom.

The accused were seated in two rows, with Tawfiq, Anisul Huq, Faruk Khan, Menon, Kamal Ahmed Mojumder and Shahjahan Khan occupying the front row.

The back row was taken by Inu, Golam Dastagir, Jahangir Alam, Salman F Rahman, Shamsuddin Chowdhury and Palak.

As the chief prosecutor began reading out the allegations of crimes against humanity against Hasina and her 45 associates, the 13 accused remained silent throughout the hearing.

Tajul Islam spent nearly an hour narrating the events of the July-August mass uprising, presenting. During his submission, Dipu Moni was seen whispering and reportedly branding Tajui as a ‘good storyteller.’

The prosecution alleged that the crimes against humanity committed during the uprising were orchestrated under direct orders from Hasina, the principal accused. Her associates, including the accused 13, were accused of executing her directives to suppress the student-led protests and maintain her grip on power.

The prosecution detailed various actions attributed to the accused, including incitement and provocation. It further charged Hasina’s associates with both superior responsibility for their leadership roles and individual responsibility for specific acts.

Inu stirred up a commotion when police personnel asked him to sit, responding defiantly that it was ‘his personal matter’. Similarly, when Kamal Ahmed Mojumder attempted to draw the tribunal’s attention to speak something, police personnel intervened, preventing him from addressing the court.

The proceedings began with defense lawyer Ehnanul Haque Shomaji, representing five of the 13, including Anisul Huq, Tawfiq-e-Elahi Chowdhury and Faruk Khan.

The chief prosecutor, however, interrupted and informed the tribunal that efforts were under way to appoint Shomaji to the prosecution team, creating a potential conflict of interest.

Responding to the tribunal’s query, Shomaji stated that he was not officially informed of any appointment and refrained from making submissions. He then asked his junior Azizur Rahman Dulu to represent the accused.

Later, another defense lawyer, Abdul Hossain, appeared on behalf of several accused, including Inu and Dipu Moni.

Inu and Dipu, however, could not identify the lawyer.

The tribunal was established in 2009 during the Awami League government to prosecute individuals accused of war crimes.

Its reconstitution and the current proceedings signal a significant shift as the tribunal now investigates alleged crimes against humanity linked to the 2024 mass uprising and the political fallout that followed.

The charges stem from the violent suppression of the mass movement that led to the collapse of Hasina government.​
 

ICT Act being amended with provision to ban political parties
Pradip Sarkar
Dhaka
Published: 18 Nov 2024, 19: 16

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International Crimes Tribunal Prothom Alo File Photo

A draft amendment to the International Crimes (Tribunal) Act has been prepared with a provision to ban political parties, along with several other issues.

According to the draft, if a party or organisation is found guilty of crimes against humanity such as murder, enforced disappearances, or torture, the registration of that party or organisation can be suspended or canceled.

The interim government is currently reviewing these proposed amendments further.

However, some lawyers have raised questions about the proposal to ban political parties.

They pointed out that there is already a separate law that allows the banning of political parties.

They also think introducing this provision in the International Crimes (Tribunal) Act could lead to controversy.

On 5 August, the Awami League government fell amid the student-people's uprising. According to the government, 874 people died during the movement.

Allegations of genocide were raised against the ousted leadership of the Awami League. The current interim government has taken steps to prosecute those accused of genocide and enforced disappearances that occurred during the Awami League regime at the International Crimes Tribunal.

Preliminary proceedings have begun under the International Crimes (Tribunal) Act of 1973, and steps are also being taken to amend the law.

Government sources said that the final version of the proposed amendments will be issued as an ordinance within a short time as there is currently no parliament. The proposed ordinance will be called the International Crimes (Tribunal) (Amendment) Ordinance, 2024.

The International Crimes (Tribunal) Act, 1973 was enacted to prosecute individuals involved in crimes against humanity during the 1971 liberation war.

Under this law, the top leaders of Jamaat-e-Islami were prosecuted for war crimes and crimes against humanity related to the 1971 war.

A draft amendment was previously prepared during the Awami League government's tenure, which included a provision to ban political parties found guilty of such crimes. However, that amendment was not finalised at the time.

In the final years of the Awami League's rule, the party banned Bangladesh Jamaat-e-Islami and its student wing, Islami Chhatra Shibir, under the Anti-Terrorism Act. The interim government later lifted those bans.

Now, under the interim government, the Awami League leadership is being prosecuted in the International Crimes Tribunal.

Why controversy?

One of the major amendments to the International Crimes (Tribunal) Act is to include a provision to ban political parties.

The draft proposal said that if any organisation commits, assists, or incites crimes against humanity, such as murder, enforced disappearances, or torture, the registration of the organization can be suspended or canceled for a specific period.

However, the exact duration of suspension or cancellation has not been mentioned in the draft. The tribunal can also impose other appropriate penalties on the organisation. The amendment also includes a provision allowing political parties to appeal against the tribunal's verdict.

Some lawyers have questioned the inclusion of the provision to ban political parties in the International Crimes (Tribunal) Act.

They said that there is already a separate law with provisions to ban political parties. 'The Political Parties Ordinance, 1978', which clearly defines when and how a political party can be banned.

Speaking to Prothom Alo, lawyer Jyotirmoy Barua said 'The Political Parties Ordinance, 1978', clearly said when and how the government can cancel or ban a political party.

While explaining the law, the lawyer said the government can refer a case to the High Court with the reasons for banning a party. The High Court then holds hearings and can decide whether to cancel the party's registration or take other actions.

Barua believes that adding this provision to the International Crimes (Tribunal) Act could lead to unnecessary controversy, given that there is already a clear legal framework in place.

Expanding definition of crimes

The amendment also proposes expanding the definition of crimes against humanity. Under the existing law, crimes such as murder, abduction, torture, rape, slavery, extermination, confinement, detention or other inhuman acts are considered crimes against humanity.

The proposed amendment seeks to include additional offences such as forced disappearance, sexual slavery, forced prostitution, forced pregnancy, and forced sterilization.

The amendment also proposes that commanders or senior officers who issue orders or approve such crimes, as well as those directly involved in committing them, should be prosecuted. The proposal expands this to include leaders of political parties, in addition to military commanders and senior officials.

Some lawyers argue that the amendments are primarily focused on prosecuting crimes committed during the rule of the ousted Awami League government, particularly those crimes carried out during that time.

However, government officials disagree, saying that the amendments aim to clarify ambiguities in the existing law and broaden the scope of prosecution for crimes against humanity.

Expanding the jurisdiction

The existing International Crimes (Tribunal) Act only covers crimes committed within Bangladesh's territory. The amendment, however, proposes extending jurisdiction to include crimes committed in Bangladesh’s territorial waters. It also proposes that if any Bangladeshi citizen commits crimes against humanity abroad, they can be prosecuted under this law. Similarly, if a foreign national commits crimes against humanity within Bangladesh's territory or territorial waters, they can also be prosecuted under this law.

Lawyer Jyotirmoy Barua said as criminal offences are being included in this act, it will allow for the prosecution of both domestic and foreign nationals for crimes committed within their jurisdiction. Such provisions are common in other countries.

Audio-video evidence will be accepted

The amendment also proposes that audio and video recordings related to crimes against humanity be accepted as evidence in tribunal hearings.

Investigators will have the authority to conduct searches and seize documents. Representatives of the United Nations or other international organizations with permission will be allowed to participate in hearings, investigations, and other proceedings.

Victims or their representatives will also be allowed to participate in tribunal proceedings. The amendment also includes provisions to ensure the safety of witnesses.

Despite repeated attempts, law adviser Asif Nazrul could not be contacted to take his comment about the government’s initiative to amend the International Crimes (Tribunal) Act.

The attorney general, Mohammad Asaduzzaman, also declined to comment on the matter.

However, the chief prosecutor of the International Crimes Tribunal, Mohammad Tajul Islam, told the Prothom Alo that the proposed amendments aim to clarify certain ambiguities in the law and that this will help expedite judicial proceedings.

*This report, originally published in Prothom Alo print and online editions, has been rewritten in English by Rabiul Isalm​
 

Tribunal can recommend actions against political parties: Law adviser
Special Correspondent
Dhaka
Published: 19 Nov 2024, 17: 27

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Law adviser Asif NazrulFile photo

The tribunal has the authority to recommend punitive actions against political parties accused of crimes against humanity.

It can make these recommendations to authorities concerned.

A proposal for the amendment of the International Crimes (Tribunal) Ordinance has been drafted with such a provision.

The draft will be placed for approval at the advisory council meeting to be held on Wednesday.

Law adviser Asif Nazrul disclosed this information in response to a question from a newsperson in a press conference on the evaluation of the law ministry in the first 100 days of the interim government at the secretariat today, Tuesday.

Law adviser Asif Nazrul highlighted the activities conducted by his ministries in the first 100 days after the interim government took over.

Referring to the legal reform initiatives they have undertaken, the law adviser said, “Several human rights agencies had pointed out some major flaws in the International Crimes Tribunal Act – 1973. The civil societies also have raised their voices in this regard over time. The government took the initiatives to amend the relevant laws to align them with international standards. At the same time the government also wanted to ensure justice through these. There have been extensive consultations regarding this. We have tried to carry out an extraordinary amendment which would enhance the importance, rationality and acceptability of the trial by manifolds.”

The law adviser further said the draft of the amendment would be placed in the advisory council meeting on Wednesday. It will be in effect within Thursday if the council approves this on Wednesday, he said.

In response to a query regarding whether the provision of imposing a ban on political parties included in the amendment or not, Asif Nazrul said, “Wait another day and you will see it yourself. First, the amendments need the approval of the advisory council.”

In response to further questions regarding this, the law adviser said, “The court has not been given the power directly in the proposal. The proposal says if the court feels then it can recommend punitive actions against any political party accused of crimes against humanity. They will recommend the bodies concerned regarding this.”

Further explaining the matter, he said, “The proposal hasn’t specified the list of the authorities concerned who have the jurisdiction to take actions against any political party such as the election commission and the home ministry. If the council wants, there is room for further works in this regard.”

“It’s not that the court will definitely punish the accused party. It only can recommend actions if it feels. This provision has been included in the draft. But it completely depends on the advisory council as to whether they will keep that provision or not.”

In response to another question, Asif Nazrul clarified that the new provision is regarding the trial of political parties.​
 

Amended ICT act: No provision for punishing any political party
Death sentence remains

The amended International Crimes Tribunal Act will not include provisions for punishing political parties or any other organisations, or for recommending such punishments, Law Adviser Prof Asif Nazrul said yesterday.

It will have provisions for appealing to the Appellate Division, and allowing parties to raise questions about a case before the trial concludes, he said at a press briefing at the Foreign Service Academy yesterday.

"This is called interlocutory appeal. It would permit parties to challenge the continuation of the trial in the tribunal. Also, if the tribunal brings contempt of court charges against any party, it can move the Appellate Division for interlocutory redress."

He also confirmed that the death penalty provision in the ICT Act will remain unchanged.

"We have clearly told those calling for removal of this provision that we don't have the scope to abolish it…. We have not ratified the international treaty that calls for abolishing such sentences. So, we are not obligated."

The advisory council approved the draft of the amended act during a meeting at the Secretariat yesterday, with Chief Adviser Prof Muhammad Yunus in the chair.

Asif said the interim government thought of making necessary amendments to the ICT Act due to criticism of the law.

The government has consulted national and international legal experts and the stakeholders to amend the law.

The adviser said the draft of the law included a provision for punishing political parties and other organisations, as well as allowing the tribunal to recommend such punishments.

"However, the council of advisers thought that if the provision for punishing a political party or any other organisation is included, it could lead to unnecessary questioning of the law. So, we chose not to include the provision.

"If there is any need to ban any political party or organisation, it could be done through other related laws, such as the electoral law and the anti-terrorism law."

The amended ICT Act will be become a law once the draft is published in a gazette, he said.

The interim government initiated the process of amending the act as over 1,600 cases were lodged under different laws, including the ICT Act, over different crimes committed during the July uprising. The International Crimes Tribunal has also been reformed.

According to Asif, the definitions of crimes against humanity and genocide in the draft of the ICT (Amendment) Act have also been revised based on the Rome Statute, to which Bangladesh is a party.

"More rights have been provided to the accused so that the accused and the complainants enjoy equal rights. They can bring in as many witnesses as they deem necessary, and question the acceptability of the prosecution witnesses."

The adviser said the amended act will also have provisions for protecting witnesses and providing compensation to the affected people.

"The tribunal can also make audiovisual recording of the trial and broadcast part of it without compromising the privacy of the people concerned," the law adviser said.

Three agencies that can be put on trial under the law include the "disciplined forces", intelligence agencies and auxiliary forces. The definitions of these have also been made clearer, he added.

He said any party in a particular case can also appoint foreign lawyers. Besides, local and foreign observers will be able to observe trials.

Asked if representatives from the indigenous or other minority communities will be included in the Constitution Reform Commission, Adviser Mahfuj Alam said a decision in this regard is yet to be made.

However, the commission has already consulted various groups including the indigenous communities, he added.

Mahfuj also called on the students to share their concerns and demands with the government through proper channels.

Referring to student protests over various issues, he urged the students to avoid being influenced by provocations or engaging in actions that could be detrimental.

"The government is always open to dialogue," he said.

Local Government Adviser Asif Mahmud and Chief Adviser's Press Secretary Shafiqul Alam also spoke.​
 
আন্তর্জাতিক অপরাধ ট্রাইব্যুনাল আইনে রাজনৈতিক দল নিষিদ্ধের বিধান থাকছে না: আইন উপদেষ্টা

 

Toby Cadman appointed 'special prosecutor adviser' to ICT

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Photo: Collected

Toby Cadman, a top human rights lawyer and the joint head of the London-based Guernica 37 law firm, has been appointed as a special prosecutorial adviser to the International Crimes Tribunal, Bangladesh.

"I am delighted and deeply honoured to announce that I have been appointed as a Special Prosecutor Advisor to the International Crimes Tribunal Bangladesh," Toby Cadman, also an extradition specialist, yesterday posted on his X, formerly Twitter, account.

On September 2, he met Chief Adviser Professor Muhammad Yunus at the state guest house Jamuna.

During the meeting, they discussed the need to establish a domestic tribunal with international support to try people accused of committing crimes against humanity during the student-led revolution, according to a BSS report.

"Bangladesh quickly needs to establish an effective domestic legal framework for truth, justice, and accountability that was properly supported by the international community and endorsed by the people of Bangladesh," the chief adviser's press wing quoted Cadman as saying.

Cadman said they were ready to support Bangladesh to develop a framework for the extradition of persons involved in crimes against humanity, economic crimes, and political corruption who fled the country with their ill-gotten assets. He also presented a number of proposals to the chief adviser.​
 

ICT seeks probe report by Dec 19
M Moneruzzaman 20 November, 2024, 14:52

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Former Inspector General of Police Chowdhury Abdullah Al Mamun is brought to International Crimes Tribunal on Wednesday. | New Age photo

The International Crimes Tribunal on Wednesday asked the investigation agency to conclude in a month its probe into allegations of crimes against humanity brought against eight former high-profile law enforcement officials, including former inspector general of police Chowdhury Abdullah Al Mamun.

The tribunal of Justice Md Golam Mortuza Mozumder, Justice Md Shofiul Alam Mahmood and Md Mohitul Haq Anam Chowdhury asked the investigators to submit the investigation report by December 19.

It also ordered the authorities concerned to detain the accused in custody and produce them before the tribunal on December 19.

The prosecution alleged that Chowdhury Abdullah Al Mamun, along with seven other high-ranking officials, orchestrated and facilitated crimes against humanity during the 36-day student-led anti-discrimination movement in the capital and its outskirts between July 1 and August 5.

The accused include retired army major general Ziaul Ahsan, also former director general of the National Telecommunication Monitoring Centre, former Dhaka MEtropolitan Police deputy commissioner for Mirpur division Md Jasim Uddin Mollah, former Dhaka superintendent of police Abdullah Al Kafi, ex-additional superintendent of police for Savar circle Md Shahidur Islam, former officers-in-charge Mazharul Islam Kazal (Gulshan police station) and Abdul Hasan (Jatrabari police station), and former Detective Branch inspector Md Arafat Hossain.

All the accused but Jasim and Shahidur were produced for the first time before the reconstituted tribunal established by the Awami League government in 2009 to try individuals for crimes against humanity committed during the War of Independence.

Their production came days after the tribunal on Monday ordered the detention of 11 high-profile politicians, a retired Supreme Court judge, and a former bureaucrat on similar charges related to the July-August 2024 massacre.

The tribunal on Monday ordered investigators to expedite the probe into the allegations of crimes against humanity brought against 46 individuals, including deposed prime minister Sheikh Hasina and Awami League general secretary Obaidul Quader.

The tribunal also asked the chief prosecutor to execute its October 17 warrant for the arrest of Hasina and submit a compliance report on December 17, the next date for hearing.

Chief prosecutor Mohammad Tajul Islam outlined the prosecution case on Wednesday accusing the law enforcement officials of suppressing the student movement through coordinated violence that resulted in 1,500 deaths and 25,000 injuries.

Tajul emphasised that Chowdhury Abdullah Al Mamun, as the chief of law enforcement, held ‘superior responsibility’ for the alleged crimes.

He argued that instead of preventing the violence, Mamun directed forces to quash the demonstrations.

He leveled sharp criticism at Mamun, accusing him of being the ‘chief commander of Sheikh Hasina’s fascist regime’ until her ouster in the student-led mass uprising on August 5.

Ziaul Ahsan, former NTMC director general, faces grave accusations, including intercepting and leaking private communications of opposition leaders during the movement.

Prosecutors alleged that Ziaul orchestrated an internet and WhatsApp blackout during the protests, effectively crippling communication among demonstrators.

Tajul further accused Ziaul of facilitating operations of Aynaghoor, a clandestine detention centre of enforced disappearances.

Tajul contended that Ziaul’s tenure at the Rapid Action Battalion marked the onset of widespread enforced disappearances, murders, and extrajudicial killings.

Ziaul played a pivotal role in orchestrating enforced disappearances, yet he continued to hold influential government positions despite these allegations, Tajul said, adding that Ziaul publicly opposed the student-led movement through posts on his verified Facebook page.

Ziaul, however, denied the allegations, stating that the internet disruptions were mandated by the government and that his role at the NTMC was limited to overseeing its creation under the Bangladesh Telecommunications Regulatory Commission.

He also denied his involvement in Aynaghoor.

During the tribunal proceedings, Ziaul attempted to speak in his defense but was stopped by the presiding judge, reminding him that his lawyer would address the tribunal on his behalf.

Ziaul was told that he would be allowed to speak after his lawyer’s submission if necessary.

Ziaul instructed his lawyers, MI Farooqui and Nazneen Nahar—his younger sister—to request permission for him to have pen and paper to take notes during the proceedings.

At one point, Ziaul rebuked on-duty police officers when they attempted to restrain him and asked him to stop engaging with bystanders in the courtroom.

At the beginning of Wednesday’s proceedings, the defense team for Ziaul submitted an application questioning the tribunal’s authority to hear cases related to the July-August events under the International Crimes Tribunal Act.

The application was, however, withdrawn after the prosecution argued that it had not been properly filed or submitted to the tribunal.

The tribunal instructed Ziaul’s lawyers to refile the application through the registrar’s office. The matter will be scheduled for a hearing two weeks after proper submission.

Former Gulshan police officer-in-charge Mazharul Islam broke down in court, pleading with the judges to recognise his efforts to support students during the protests.

He later calmed down when the prosecution read out the incidents of killings of five people in fire under his jurisdiction during the movement.

The presiding judge assured the accused, stating, ‘If you are innocent, you will receive justice.’

Six other police officers remained silent while the prosecution read out their roles in attacks on demonstrators during the movement.

Abdul Hossain appeared for accused police Abdul Hasan and Arafat Hossain.

Jasim Uddin Mollah was represented by Mahbubur Rahman, and Mazharul Islam was defended by Mustavi Hasan.​
 

Amended ICT law to allow trial of security personnel
Concerns about the international crimes tribunals act amendment

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VISUAL: ANWAR SOHEL

The newly amended International Crimes (Tribunals) Act will allow for the prosecution of members of the army, navy, air force, police, Rapid Action Battalion, Border Guard Bangladesh and all intelligence agencies.

A gazette was issued to this effect yesterday.

"'Intelligence agency" means any "authority, force or entity, established by or under any law which is responsible for the collection, analysis and exploitation of information in support of law enforcement, national security and public safety", specified the amendment.

The amended law says, "The provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State."

The newly amended law also provides explicit instructions to protect accused and detained persons from torture and forcible detention, and orders all accused to be brought to the tribunal within 24 hours of arrest. The accused and detained will have legal rights to protection under the Torture and Custodial Death (Prevention) Act, 2013.

"Evidence obtained by means of a violation of internationally recognised human rights shall not be admissible."

The law also mandates that the prosecution must disclose to the defence any evidence in its possession that portrays that an accused person may be innocent. The defence can present evidence or additional witnesses at any stage of the trial.

The amended law also specified the scope of culpability for crimes against humanity.

It detailed that those who can be tried include not only those who have ordered, solicited, incited or assisted in the commission of the crimes specified in the law, but also those who had knowledge that the crime was to be committed. The contribution must be "intentional", says the law.

"However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable to punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose," added the law.

The modified law stated that any commander, superior officer or leader who "fails to take necessary measures to prevent the commission of such crimes" or "consciously disregarded information which clearly indicated that the subordinates were committing or about to commit such crimes, is guilty of these crimes".

A provision has been included in the law that will allow the tribunal to award monetary compensation to victims.

The law also allows publication of court proceedings for transparency. The tribunal has been allowed to make the decision to record the hearings and broadcast audio-visual recordings as long as the safety, privacy and dignity of the participants are protected.

"Representatives of United Nations bodies and agencies, as well as national or international human rights organisations, may attend public hearings, trials and other proceedings," said the law.

The chief prosecutor of the tribunal will brief the press about the amended law today.​
 

Another complaint filed with ICT against Hasina

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File photo

Another complaint has been filed with the chief prosecutor at the International Crimes Tribunal against former prime minister Sheikh Hasina and 43 others, accusing them of committing genocide and crimes against humanity during a Hefajat-e-Islam rally in the capital's Motijheel Shapla Chattar on May 5, 2013.

It was filed yesterday by Iffat Ara, the mother of Rehan Ahsan, a former student of Bangladesh University of Engineering and Technology (Buet) who was killed during the 2013 rally, said her lawyer, SM Tasmirul Islam .

Besides the former PM, her defence adviser Tariq Ahmed Siddiqui, then home minister Mohiuddin Khan Alamgir, leaders of Awami League and its alliance are named in the complaint. It also named top law enforcement officials, including then Police IGP, Rab director general, and DMP commissioner who allegedly led the joint operation that day.

Speaking to the media, Tasmirul said Rehan was shot dead on the night of May 5, 2013, near the Mohammedan Sporting Club, located next to Shapla Chattar. His body was later found in the morgue of Dhaka Medical College Hospital.

Rehan's family didn't even receive his autopsy report despite making several requests, he added.

Rehan's mother, Iffat Ara, said, "I had truly given up hope that I would ever be able to get to fight for justice. After the political change on August 5, I found the courage to file this case."

At the time of his death, Rehan, 23, was a third-year student in the computer science and engineering department.​
 

Hefazat files genocide case against Hasina, 49 others
Staff Correspondent 26 November, 2024, 17:26

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Sheikh Hasina | BSS photo

The Hefazat-e-Islam Bangladesh on Tuesday filed a complaint with the International Crimes Tribunal accusing deposed prime minister Sheikh Hasina and 49 others of genocide and crimes against humanity during the crackdown on its sit-in at Shapla Chattar in Dhaka on May 5-6, 2013.

The complainant, Hefazat joint secretary general Moulana Azizul Haque Islamabadi, without mentioning the number of deaths during the incident, alleged that the law enforcers fired 54,000 bullets in the midnight operation to disperse the protesters resulting in genocide.

Azizul claimed that the operation named as ‘flush-out mission’ involved excessive use of force, including indiscriminate firing on Hefazat supporters.

Azizul was accompanied by Hefazat senior joint secretary general and Dhaka metropolitan unit president Junaid Al Habib and former joint secretary general Muhammad Mamunul Haque, now secretary general of Bangladesh Khelafat Majlish, during the filing of the complaint.

The three leaders had previously been detained in connection with the 2013 mayhem and were later released on bail. They are, however, facing a number of cases filed by the police for the 2013 incidents.

Emerging from the tribunal, Junaid Al Habib referred to Hasina’s statement in the parliament at the time that law enforcers fired 54,000 bullets during the operation.

‘Imagine how many lives were lost,’ he said, while pointing to international media reports and video footage of reported removal of bodies by trucks.

Hefazat leaders reiterated their demand for justice, accusing the government of using excessive force against peaceful protesters and filing false cases against them to suppress dissent.

The 2013 Shapla Chattar crackdown remained one of the most controversial events in Bangladesh’s political history, with allegations of human rights violations and disputes over the actual number of casualties.

With the latest Hefazat case, Hasina, who fled to India in the face of a student-led mass uprising on August 5, along with her associates, is facing at least 20 cases filed on charges of genocide and crimes against humanity. She faces a warrant of arrest in one of the cases.

The accused named in the Hefazat complaint, include Hasina, former home minister Muhiuddin Khan Alamgir, senior AL leaders Sheikh Selim, Mahbubul Alam Hanif, Bahauddin Nasim, Md Abdur Razzaque, Hasan Mahmud and Mridul Kanti Das, former AL leader Abdul Latif Siddique, former minister and Workers Party of Bangladesh president Rashed Khan Menon, deposed prime minister Hasina’s defence adviser Tarique Ahmed Siddique, former inspector generals of police AKM Shohidul Hoque and Benazir Ahmed, former Detective Branch chief Harun-or-Rashid, former Dhaka Metropolitan Police deputy commissioner Biplob Kumar Sarker, former Rapid Action Battalion’s intelligent wing commander Ziaul Ahsan, the then Border Guard Bangladesh director general, Abdul Aziz Khan, journalist and writer Shahriar Kabir, historian and former Dhaka University professor Muntasir Mamun, Bangladesh Chhatra League former present Badiuzzaman Sohag and the then BCL general secretary Nazmul Alam and the then Juba League president.

On May 5, 2013, widespread violence erupted at Shapla Chattar in Motijheel during a rally organised by Hefazat-e-Islam to press for its 13-point demand.

The rally culminated in a midnight ‘flush-out operation’ by law enforcers to clear the area, resulting in clashes that extended beyond Dhaka to seven districts, including Narayanganj, Bagerhat, and Brahmanbaria.

The crackdown remained one of the most contentious events in Bangladesh’s recent history.

Human rights organisation Odhikar conducted a fact-finding mission and reported 61 deaths resulting from the operation in May 5-6.

The organisation’s report accused the security forces of committing a massacre, sparking significant domestic and international criticism.

In retaliation, the Awami League government targeted Odhikar, filing charges under section 57 of the Information and Communication Technology Act, 2006, against its secretary Adilur Rahman Khan, now an adviser to the interim government, and its director ASM Nasiruddin Elan. Both were arrested, jailed, and later acquitted on appeal by the High Court.

On August 20, 2024, another complaint was filed with the International Crimes Tribunal accusing Sheikh Hasina and 23 others of genocide and crimes against humanity during the Hefazat rally. The complaint was lodged by ICT prosecutor and former defense lawyer Gazi MH Tamim on behalf of Hefazat joint secretary general for education and law Mufti Harun Ijahar Chowdhury.​
 

Govt willing to try Hasina, allies at ICC: Prof Yunus
ICC prosecutor assures help to International Crimes Tribunal

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Photo: CA's Press Wing

Chief Adviser Prof Muhammad Yunus yesterday said his government intends to pursue charges of crimes against humanity against the Sheikh Hasina regime at the International Criminal Court for the massacre they committed during the July mass uprising and the cases of enforced disappearances during her 16-year rule.

He said this while ICC prosecutor Karim A Khan visited him at the State Guest House Jamuna in Dhaka on Wednesday.

In response, Karim A Khan said the ICC would like to extend cooperation to the International Crimes Tribunal, the Bangladesh court, which is dealing with the cases related to crimes committed during the mass uprising, according to the chief adviser's press wing.

The ICT has already issued an arrest warrant against Sheikh Hasina and members of her political party.

Separately, a senior lawyer of ICC said the international court is ready to assist ICT if requested by Bangladesh.

"The ICC has always said that it is available to assist states in terms of technical support, training, and guidance when requested," said Essa Mbye Faal while responding to a question at a press briefing in Dhaka.

"With this level of cooperation, if Bangladesh were to seek assistance, the Office would be more than happy to oblige," said the ICC lawyer.

During the talks in the state guest house Jamuna, the chief adviser and the ICC prosecutor also discussed the Rohingya crisis, the situation in Myanmar, and humanitarian efforts for the Rohingyas.

The prosecutor informed the chief adviser that his office has formally sought an arrest warrant against Min Aung Hlaing, the chief of the Myanmar military government, for crimes against humanity regarding the treatment of the Rohingyas.

Karim Khan backed the chief adviser's call to hold a special global conference on the Rohingya crisis which the UN General Assembly has agreed to hold the conference in 2025. He said he hoped a new direction to a sustainable resolution to the crisis would be found at the conference.

The chief adviser said the conference would bring all the international stakeholders to a table to seek a durable solution to the crisis, especially the plight of the Rohingyas and their young children in the camps in Bangladesh.

"We have to make sure that it does not explode," Professor Yunus said, referring to the young people growing up without hope in the camps.

The chief adviser reiterated his recent call for a safe zone inside the Rakhine state of Myanmar to aid displaced people and address the ongoing humanitarian crisis.

"The safety of the zone should be guaranteed by the UN. When the fighting stops, people who live in the safe zone can easily return to their localities," he said.

Khaliliur Rahman, the High Representative on Rohingya affairs, Lamiya Morshed, principal coordinator of the SDGs affairs, and Riaz Hamidullah, the additional secretary of the foreign ministry, were present during the meeting.

Earlier, the High Representative on Rohingya Affairs, Khalilur Rahman, hosted a luncheon for the ICC prosecutor and the members of his ICC team.

"Bangladesh is among the first Asian signatories to the Rome Statute establishing the ICC, and we look forward to further deepening our cooperation in the coming days," Rahman said.​
 

Flawed, wholesale cases may hinder justice
Tanzil Rahaman 30 November, 2024, 23:56

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The filing of flawed and wholesale cases over the murders of and attacks on protesters during the student-people uprising is likely to hinder justice and pave the way for perpetrators to escape punishment.

Police headquarters officials said that over 2,500 cases were filed over the incidents of murders and attacks during the mass uprising till mid-November.

They also said that about 8,000 people were arrested in mass uprising cases till October 31.

The investigation into the cases excepting those filed with the International Crimes Tribunal remains slow in three months and a half of the ouster of the regime of Sheikh Hasina by the uprising on August 5.

The flaws in cases include naming people who have died or are living out of the country, showing people alive as killed during the uprising and many more inconsistencies, said law enforcement officials dealing with the cases.

In some cases, the plaintiffs do not know the people named in the cases and allegations have it that some students and political people have prepared the complaints to frame their opponents.

‘I do not know the people named in the case as students and lawyers drafted the complaint and I was asked to put my signature on it,’ said Abdul Matin, the father of schoolboy Abdul Motalib, who was allegedly killed in police firing at Jigattala in the capital on August 4.

Matin filed the case with the Dhanmandi police station against 176 people, including deposed prime minister Sheikh Hasina, former home minister Asaduzzaman Khan, former jute and textile minister Jahangir Kabir Nanak and former shipping minister Shajahan Khan, on August 26.

Matin alleged that neither Zainul Haque Sikder Women’s Medical College and Hospital provided him with a death certificate nor the police ensured the postmortem examination after more than three months of his son’s death.

Matin, a day labourer, said that police officers told him that the body of his son Motalib, a Class VIII student of Moneshwar Government Primary School at Hazaribagh, would be exhumed after the rainy season.

‘I informed the investigation officer about a month ago but he did not contact me so far,’ he added.

Home adviser retired lieutenant general Jahangir Alam Chowdhury said, ‘We are taking necessary legal steps so that no false or fictitious case is filed.’

After the 4th advisory council meeting on law and order on November 24, he also said that the government formed a committee to prevent harassment of the people named in false cases.

On November 13, law adviser Asif Nazrul said that it was embarrassing for the interim government that dubious and unsubstantiated cases were being filed.

He said that they had sought advice from the Judiciary Reform Commission to address the issues legally.

Bangladesh Nationalist Party Dutpara union unit general secretary Nurul Amin filed a murder case with the Araihazar police station on August 22 accusing deposed prime minister Sheikh Hasina and 130 others.

The plaintiff accused Hasina and 130 others of killing Md Babul Mia, 49, during the mass uprising on August 4, although Babul died of a stroke at DKMC Hospital Ltd at Rupganj on June 3.

The deceased Babul Mia, was a driver’s assistant at Meghla Paribahan and then became the owner of three buses of the company.

Before death, Babul Mia was reportedly campaigning as a candidate for the BNP’s labour body Sramik Dal’s Araihazar upazila unit president.

‘My husband fell sick in the morning on June 3, we took him to the DKMC Hospital where he died on the day and the hospital doctors declared that he died of a stroke,’ victim’s wife Monira Sarker said.

She said that she did not know Nurul Amin, 43, who filed the case.

Araihazar police station officer-in-charge Md Enayet Hossian said that they were investigating the case.

‘Anyone can file a case but we can say if it is false or not after investigation,’ he added.

An attempt to murder case has been filed against 180 people, including Supreme Court lawyer and rights organisation Ain o Salish Kendra chairman ZI Khan Panna, for an attack on a youth, Ahadul Islam, on July 19.

Ahadul’s father Md Baker filed the case with the Khilgaon police station in Dhaka on October 17.

On October 21, Baker, however, petitioned Khilgaon police station officer-in-charge Md Daud Hossain requesting him to drop Panna from the case amid huge criticisms.

Baker, hailed from Mehendiganj in Barishal, claimed that the Supreme Court lawyer was mistakenly implicated in the case due to the former’s ignorance.

The officer-in-charge instructed subinspector Imran Hossain to take appropriate steps.

The senior lawyer also secured an anticipatory bail in the case on October 21.

Supreme Court lawyer and rights activists Sara Hossain said that vexatious cases were being filed by individuals and private parties, but state agencies — police and courts — kept processing arrests, rejecting bail and remanding people in custody.

‘We have seen such misrule under many different administrations but this is the time to make a change from the past, not to repeat what has been done before,’ said Sara.

She suggested that a high-level body should be established by the government with experts to oversee the process of justice and accountability for the cases relating to the uprising.

‘This means curbing the filing of wholesale cases, ensuring investigation by an independent and high-level team, scrutinising the cases to screen out vexatious cases, establishing a policy and priorities for prosecution,’ she added.

Three deceased Awami League leaders — Cumilla south city AL former forest and environment affairs secretary Abdul Momin, its former agriculture affairs secretary Md Kamal Uddin Majumdar, and former member Wahidur Rahman Farid — have been accused of attack on the recent anti-discrimination student protests in Cumilla.

Comilla Sadar south model police station officer-in-charge Mohammad Rafiqul Islam said, ‘The matter will be investigated and If deceased people are found to be named in the case, they will be dropped.’

Student Movement Against Discrimination coordinator and Cumilla University student Md Emran filed the case against 96 people, including former finance minister AHM Mustafa Kamal’s younger brother and former upazila chairman Golam Sarwar and former upazila chairman Abdul Hai Bablu as prime accused.

Abu Sayeed, son of Abdul Momen who died on June 24 after being hit by a train, said, ‘My father died in June and how could he participate in the August 4 attack?’

Kamal Uddin Mazumder died of a heart attack on July 11, 2023, his neighbour Aminul Islam said, terming prosecution of a dead person highly reprehensible.

Farhad, son of Wahidur Rahman Farid, said that his father died of kidney disease in September 2023.

‘It is extremely unfair to name a man who died a year ago in a case for an incident taking place a year later,’ he said.

The police arrested Kulsum Begum on November 21 on the charge of filing a false case claiming her husband’s death during the mass uprising.

Kulsum filed the murder case against 130 people with the Dhaka Chief Judicial Magistrate Court on October 24, claiming that her husband Al Amin, 34, was shot dead while taking part in a procession at Ashulia on August 5.

A team of Ashulia police station, acting on a tip-off, arrested Kulsum and two of her accomplices Ruhul Amin and Shafikul Islam in Cox’s Bazar on Thursday.

Ashulia police station recorded a first information report over the complaint on November 8.

The Police Headquarters assistant inspector general Enamul Haque Sagar urged people not to worry about false cases and innocent people would not be charged or arrested.

Asked about the slow pace in the investigation, Enamul said, ‘We are conducting the investigations slowly to ensure a proper investigation. We want to ensure justice for the victims and punishment for the perpetrators.’

Professor Muhammad Yunus-led interim government took oath on August 8 following Sheikh Hasina resigned and fled to India amid student mass uprising on August 5.

Many perpetrators in the uprising, including Awami League and its associate bodies leaders and activists, police and bureaucrats are still in hiding.​
 

Former ministers Amu, Qamrul produced before ICT
Published :
Dec 04, 2024 11:48
Updated :
Dec 04, 2024 11:48

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Former ministers Amir Hossain Amu and advocate Qamrul Islam have been produced before the International Crimes Tribunal (ICT) on Wednesday in connection with a genocide case.

They were presented before the court around 10 am, according to the prosecution.

On December 2, the ICT directed the relevant authorities to produce them on 4 December, according to a UNB report.

It has been reported that the duo will be shown arrested in a case filed on charges of crimes against humanity and genocide allegedly committed during the July-August mass uprising.

Qamrul was detained by detectives from the Dhaka Metropolitan Police in Uttara, Dhaka, on November 18.

He was subsequently shown arrested in a case related to the death of businessman Abdul Wadud (45) which occurred on July 19 in the New Market area during the anti-discrimination student movement.

Separately, Amu was apprehended by detectives from a residence in West Dhanmondi on November 6. He has also been implicated in the same case.​
 

New ordinance brings ICT closer to int'l standards, more changes required
David Bergman
Published: 07 Dec 2024, 12: 50

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A significant omission in the amendments is the failure to remove the provision allowing the Tribunal to impose the death penalty following a guilty verdict Representational image

The ordinance containing the amendments to the International Crimes (Tribunal) Act 1973 has now been published, and those interested in fair and credible trials have both a lot to celebrate, as well as quite a bit to be disappointed in.

However, before looking at both the positive and negative within the new ordinance, it is important to emphasise one significant omission in the amendments– and that is the failure to remove the provision allowing the Tribunal to impose the death penalty following a guilty verdict.

This decision to retain the death penalty will have far reaching negative consequences if the government is seeking international credibility for the trial process.

It believes that the important political constituencies within the country (primarily students and the main political parties, the Bangladesh Nationalist Party and the Jamaat-e-Islami) as well as the popular mood within Bangladesh, is in favour of the death penalty
First, it means that the government and the Tribunal will receive no or very limited assistance from either the United Nations or any European country.

Secondly, the United Nations is unlikely to pass to the Tribunal any evidence that it collected during its fact-finding mission.

Thirdly, many international lawyers who would otherwise assist the prosecution might well be reluctant to take part. Indeed, the decision to keep the death penalty might well impact upon whether Toby Cadman, the special prosecutorial adviser, appointed only recently, remains in his position, though he has not yet commented on this.

Fourthly, some international observers might now decide not to attend.

The government’s justification for retaining the death penalty is that it believes that the important political constituencies within the country (primarily students and the main political parties, the Bangladesh Nationalist Party and the Jamaat-e-Islami) as well as the popular mood within Bangladesh, is in favour of the death penalty. It thinks that any attempt to remove the option of the death penalty would leave it open to the accusation that it is“soft” on the previous Awami League government, a claim that would have very negative political fall-out

However, it is uncertain that the government’s perception of both the popular or political party mood is accurate and, even if it was, the government has made no attempt to have a public conversation about the negative consequences of keeping the death penalty for these trials and to persuade people that its removal was the best way forward.

There has been talk of the government announcing a death penalty moratorium, but if it wanted to gain the significant benefit that would accrue from doing so, the time to announce this would be now, not some time in the future. And the best way would have been through the ordinance.

The positive changes

Putting the death penalty issue to one side, let’s now look at the numerous positive changes contained within the new ordinance – and then consider what changes the government failed to make.

The first series of positive changes relates to the definitions and application of the offence.

One of the key problems with the 1973 ICT Act was that its definition of the offences of Crimes against Humanity and of Genocide did not match their international accepted definitions. So, in relation to the offence of Crimes against Humanity, the Act did not specify that killings had to be “part of a widespread or systematic attack directed against any civilian population” and that the accused needed“knowledge of the attack”. And in relation to the offence of Genocide, the law allowed the crime to be committed when there was an intention to destroy a “political” group, even though the internationally defined offence did not allow that. Section 4 of the new ordinance now brings the definitions of these offences in line with international law.

The legal changes also have the effect that certain terms within these definitions– such as “enforced disappearance” and “attack”- are the same as those given within the Rome Statute of the International Criminal Court, and that the Tribunal, in determining how to interpret and apply these offences, will “have regard to” an ICC document called the “Elements of Crimes”. Section 5 also incorporates the language of Article 23 of the Rome Statute which sets out how those accused of crimes can be held liable – by “ordering”, “inciting”, “inducing”, “aiding”, “abetting”, or “assisting” an offence or contributing to the offence whilst “acting with a common purpose” with a group of people.These significant changes not only bring the offences in line with international standards and norms but provide greater certainty and clarity for both the prosecution and defence to understand exactly what needs to be proved for the Tribunal to find a person guilty of the crime.

The second category of changes involve evidence. The 1973 Act had allowed “any evidence” to be admitted without providing any opportunity for either the defence or the prosecution to challenge its admission. Section 16 of the new ordinance allows either the defence or the prosecution to challenge the admissibility of evidence if they believe it has “no probative” value or would create “prejudice … to a fair trial or to a fair evaluation of the testimony of a witness.” This again brings the ICT act further in line with international standards and procedure.

In addition to this, section 12 also establishes an obligation on the prosecutor to “disclose … any evidence” in its possession which “shows the innocence of the accused or mitigates the guilt of the accused or which may affect the credibility of the prosecution evidence”. This is an international standard yet prior to this amendment, the ICT imposed no requirement on the prosecutor to disclose any exculpatory evidence.

The third category of changes involves the provision of new rights to the accused. Section 15 of the ordinance sets out a series of new rights including that of being provided “time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence”. Section 7 also allows the defence to “call additional witnesses or present further evidence at any stage of the trial.”

The fourth category of positive changes involves a cluster of provisions relating to process. One very important new provision, in section 11 of the ordinance, gives the Tribunal the right to “allow foreign counsel to appear before it”. Allowing foreign counsel, with experience in international criminal law, for use by both the defence and prosecution, should have a very positive impact on both the standard of argument and of the trial. Section 10 also allows representatives of “national or international human rights organisations” to attend the ICT proceedings, a significant positive change, as until now that was only intermittently permitted, and it was at the discretion of the Tribunal registrar.

In addition, section 19 of the ordinance also creates new provisions that requires the Tribunal to “take all necessary measures to ensure the safety, security and well-being” of witnesses and allows the victim the “right to participate in the proceedings where they or their families hold a position contrary to that of the prosecution.” Again, all positive.


The negative

The Ordinance has clearly introduced some important new changes, making the 1973 ICT Act more consistent with international standards. Yet – in addition to the issue of the death penalty, discussed above - the new ordinance does, disappointingly, fail to make some additional important changes. Amongst the omissions are these:

- A proper process of interlocutory appeals: Interlocutory appeals are appeals against judicial decisions before a trial has concluded. All international tribunals have a system to allow such appeals, with some appeals allowed as of right and other appeals permitted following a request to the court.

The ordinance does introduce a new provision that allows a person to make an interlocutory appeal in relation to a conviction for contempt, but it does not allow any other interlocutory appeals against any other judicial decision. So an accused person cannot appeal, for example, the legality of their detentions, alleged bias or inappropriate conduct of a judge, or other decisions involving an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial. Interlocutory appeals need not delay trial proceedings, as they can proceed in parallel. The failure to have a proper system of interlocutory appeals is unsatisfactory.

- Protecting the rights of those accused in in absentia trials: The ordinance does not amend the provision in the ICT Act to ensure that in absentia trials – that is when a trial takes place in the absence of the accused - provides appropriate protections to the accused. In absentia trials have generally been seen as incompatible with international human rights standards and so there is significant reluctance on the part of international tribunals in allowing them. The only international tribunal that explicitly allows in absentia trials is the Special Tribunal for Lebanon, which provides this important protection: “In case of conviction in absentia, the accused, if he or she had not designated a defence counsel of his or her choosing, shall have the right to be retried in his or her presence before the Tribunal, unless he or she accepts the judgment.” This provision should have been incorporated into the ICT Act to prevent criticism.

- Superior responsibility: The 1973 Act contains a provision setting out when a “commander, superior officer or leader” is responsible for the conduct of those under their control. However, the Ordinance did not amend this section so that its language is consistent with the wording contained in the Rome Statue. Since, as discussed above, the amended 1973 ICT Act does contain amendments that ensure that the offences and other key terminology in the ICT Act will follow the language of the Rome Statute, it would have made much more sense had this section on “superior and subordinate relationships” been changed in the same way to ensure consistency with other international criminal statutes.

- The 1973 Act contains provisions that allow the Tribunal to take “judicial notice” of two categories of information – “facts of Common Knowledge” and “reports of the United Nations”. This means that the Tribunal can assume that both are true, without them having to be proved to be so.

There is nothing wrong with the Tribunal taking judicial notice of “facts of common knowledge”, something common to other international tribunals - but in the previous proceedings in Bangladesh under the 1973 Act, the Tribunal made very broad rulings on what were “facts of common” knowledge, without seeking the views of either the defence or the prosecution, and these negatively impacted upon the accused. The new ordinance should therefore have amended the ICT Act to properly define what are “facts of common knowledge” and to ensure that both the prosecution and defence are given an opportunity to present their views to the Tribunal before it rules on the matter.

The provision in the 1973 Act allowing the Tribunal to take judicial notice of “reports of the United Nations” is based on the 1945 Nuremberg Charter but it does not exist in any other contemporary statute establishing international criminal tribunals. This provision could have wide-ranging impact on the impending trials in Bangladesh as the UN will soon be publishing a fact-finding report which will make various conclusions. It could well be highly prejudicial to the defence if the Tribunal was simply allowed to take “judicial notice” of conclusions of the UN report, conclusions which would not have been proven beyond reasonable doubt.

The Government should be congratulated on the many changes introduced in the Ordinance, and these should go far in ensuring the process is fair and credible. But further changes are still required to ensure that they this will in fact be the case and to avoid an avalanche of criticism that will undoubtedly come the Tribunal’s way, if it fails to live up to recognisable fair standards.

* David Bergman is a journalist who for many years has written on Bangladesh including on the previous ICT trials.​
 

Try Hasina, Awami League
Families of martyred, forcibly disappeared, those injured during July uprising demand at rally

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The brother and mother of martyred Sohel Rana, 37, weep as they demand that his body and grave be identified, at a rally organised by Mayer Daak in the capital’s Suhrawardy Udyan. Sohel left home on July 18 to join the students’ movement and went missing. After relentless searches, the family in August learned from DMCH authorities that Sohel died after being injured in the protest and was buried in the Rayerbazar Intellectuals’ Graveyard as an “unclaimed person”. PHOTO: PRABIR DAS

Families of the victims of enforced disappearances, extrajudicial killings, and those martyred and maimed in the July mass uprising yesterday demanded that ousted Sheikh Hasina and her party be brought to book.

Marking International Human Rights Day yesterday, Mayer Daak, a platform of the families of enforced disappearance victims, organised a rally at Suhrawardy Udyan in the capital.

Delegates from the United Nations, Jatiya Nagorik Committee, students against discrimination, rights defenders from home and abroad, leaders of the BNP, Jamaat, and Hefazat-e-Islam were on stage.

"We are able to hold an event in an open space on the 76th International Human Rights Day -- something that was not possible before. This is an achievement of 36th July," said noted rights activist Nur Khan, referring to Hasina's fall on August 5.

The killing of Hefazat activists in 2013, enforced disappearances, and extrajudicial killing of opposition activists under Awami League's 15-year rule bear the mark of genocide, he said.

Enforced disappearance victims who were released by the regime kept their ordeal a secret out of fear. Some of them are speaking up now, said Nur Khan.

People spent months and years in the tiny secret detention cells, said the member of the inquiry commission on enforced disappearances.

"They wrote many things on the walls. One of them wrote, 'I love my country'. We now have the opportunity to identify the perpetrators and bring them to justice. We must not miss this."

"We are able to hold an event in an open space on the 76th International Human Rights Day -- something that was not possible before. This is an achievement of July 36."— Nur Khan, noted rights activist.

Jatiya Nagorik Committee Convener Nasir Uddin Patwary said, "Murderers of the Awami League's regime must be brought to justice. Justice first, election later. Unless we ensure justice for the martyred and injured, be it politics, election or something else, there will be failure."

Adviser Nahid Islam said, "The Awami League is a party that stands against humanity. Sheikh Hasina has blood on her hands, just like her father had. Sheikh Mujib established Baksal and violated human rights. Whenever they came to power, they violated human rights. The Awami League's time is up."

Referring to reports that people were blackmailed over cases related to the killings during the uprising, he said, "Students and the public are united against the exploiters and those rehabilitating the Awami League."

Regarding killings at the Bangladesh-India border, he said, "We must speak on the basis of justice and equality. Killings at the border to put pressure on Bangladesh are wrong. I tell India: this is not Sheikh Hasina's Bangladesh. If necessary, we will go to the border. You cannot present Bangladesh in a bad light to the world through lies."

Nahid emphasised the need for unity to hold the Awami League accountable. "Everyone must rise above ideological differences and unite."

Calling for an end to misinformation about Bangladesh in Indian media, he said, "Awami League members attacked minorities during their rule at various times. Despite witnessing this, India remained silent."

Jatiya Nagorik Committee spokesperson Samantha Sharmin said Hasina must face trial both domestically and internationally.

BNP Joint Secretary General Shahid Uddin Chowdhury Anee said, "We endured the horrors of a fascist regime for 15 years… Many among us are torture survivors. I want all involved in the atrocities to be brought to justice."

Student leader Hasnat Abdullah said, "Those who helped former prime minister Sheikh Hasina flee the country must also be found and held accountable."

Many of the AL leaders who fled the country after August 5 have reportedly taken refuge in India.

Hasnat said, "India must not become a haven for terrorists."

Another student leader Sarjis Alam urged police to be cautious, stating that cases are being filed and withdrawn for money over crimes committed in July.

"We will prevent any attempts to carry out extremist acts in the name of religion or ethnicity. We will stand together to stop it," he said.

BNP Standing Committee member Abdul Moyeen Khan said that in July, people "sacrificed their lives to save democracy".

"We need reforms within our own selves… We are united when it comes to the country's independence and sovereignty," he said.

BNP Secretary General Mirza Fakhrul Islam Alamgir and representatives from Human Rights Watch, Amnesty International, and Robert F Kennedy Human Rights expressed solidarity with the victims in video messages.

Family members broke down in tears as they recounted how their loved ones were taken from them. Children who lost their parents spoke.

Some who suffered life-changing injuries at the hand of police and AL activists attended the event. Many of them had lost sight.

Rasheda Begum, mother of a protester shot dead on July 18, said her son Sohel Rana got shot in Jatrabari. "He was buried as unknown at Rayerbagh graveyard. Will I not get my son's body? My son is not an unclaimed corpse. Why was he buried as an unclaimed body?"

Jamaat leaders Mia Golam Porwar, Hamidur Rahman Azad; Nagorik Oikkyo President Mahmudur Rahman Manna; Ganosamhati Andolon leader Zonayed Saki; Biplobi Workers Party General Secretary Saiful Haque, AB Party member secretary Mojibur Rahman Monju; Hefazat leader Mufti Monir Hossain Kashemi; Nagorik Committee member Akhter Hossain; Hummam Quader Chowdhury, son of BNP leader Salauddin Quader Chowdhury; Huma Khan, senior human rights adviser at the UN Resident Coordinator's Office; and Mayer Daak members Hajera Khatun and Sanjida Islam Tulee spoke at the event.​
 

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