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

[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...

www.newagebd.net

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

 

[Saif]

Toby Cadman appointed 'special prosecutor adviser' to ICT

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 prosecutor adviser to Muhammad Tajul Islam, the chief prosecutor of the International Crimes Tribunal

www.thedailystar.net

Toby Cadman appointed 'special prosecutor adviser' to ICT

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.​

 

[Saif]

ICT seeks probe report by Dec 19

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...

www.newagebd.net

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

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.​