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

[Saif]

Prosecution for transfer of all cases to ICT amid case trade allegations

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...

www.newagebd.net

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

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.​

 

[Saif]

ICT gets five more prosecutors

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

www.thedailystar.net

ICT gets five more prosecutors

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.​

 

[Saif]

Bangladesh’s ICT asks jail authorities to produce 14 politicians, 6 ex-security officials over crimes against humanity

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...

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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

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.​

 

[Saif]

ICT allows bail to ex-DG of NSI Wahidul

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 a

thefinancialexpress.com.bd

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

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.​

 

[Saif]

ICT sends ex-DMP DC Jashim to jail

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...

www.newagebd.net

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

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.​

 

[Saif]

Sheikh Hasina regime: trials and tribulations

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...

www.newagebd.net

Sheikh Hasina regime: trials and tribulations
by Zaki Omar 06 November, 2024, 00:00

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.​

 

[Saif]

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

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

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

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.​

 

[Saif]

It’s embarrassing for the govt

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.

www.thedailystar.net

It’s embarrassing for the govt
Says Asif Nazrul

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.​

 

[Saif]

Limon sues Tarique Siddique, Ziaul Ahsan

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...

www.newagebd.net

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

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.​

 

[Saif]

ICT seeks red notice for Hasina’s arrest

"As an international policing agency, Interpol has been requested to take necessary steps to ensure her arrest"

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

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.​

 

[Saif]

Submit Hasina case probe report in one month: ICT

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...

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

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.​

 

[Saif]

ICT Act being amended with provision to ban political parties

A draft amendment to the International Crimes (Tribunal) Act has been prepared, which includes 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...

en.prothomalo.com

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

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​

 

[Saif]

Tribunal can recommend actions against political parties: Law adviser

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.

en.prothomalo.com

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

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.​

 

[Saif]

Amended ICT act: No provision for punishing any political party

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.

www.thedailystar.net

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.​

 

[Saif]

আন্তর্জাতিক অপরাধ ট্রাইব্যুনাল আইনে রাজনৈতিক দল নিষিদ্ধের বিধান থাকছে না: আইন উপদেষ্টা