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

[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.

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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...

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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...

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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.

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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...

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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.​