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

[Saif]

Journalists facing ICT cases will get justice

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

www.thedailystar.net

Journalists facing ICT cases will get justice
Says law adviser

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

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

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

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

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

 

[Saif]

ICT to begin trial for crimes against humanity in July-August uprising Thursday

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

www.newagebd.net

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

ICT issues arrest warrants against Hasina, 45 others

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

www.thedailystar.net

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Govt to take all necessary steps to repatriate Sheikh Hasina: Adviser

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

en.prothomalo.com

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Supressing mass uprising: ICT probe body seeks info from public

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

www.thedailystar.net

Supressing mass uprising: ICT probe body seeks info from public

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

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

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

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

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

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

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

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

 

[Saif]

Some concerns about the proposed changes in international crimes tribunals

The trials to prosecute those responsible for upholding and promoting a fascist regime must meet international standards of transparency.

www.thedailystar.net

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

VISUAL: ANWAR SOHEL

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

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

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

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

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

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

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

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

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

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

Shamim A Zahedy is a journalist.​

 

[Saif]

ICT sends names of Hasina, 22 others to IGP for arrest

The International Crimes Tribunal on Monday forwarded the names of deposed prime minister and Awami League president Sheikh Hasina and 22 of her associates to the...

www.newagebd.net

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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