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

[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

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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...

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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.​

 

[Saif]

Amended ICT law to allow trial of security personnel

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

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

VISUAL: ANWAR SOHEL

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

A gazette was issued to this effect yesterday.

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Another complaint filed with ICT against Hasina

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

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Another complaint filed with ICT against Hasina

File photo

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

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

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

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

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

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

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

 

[Saif]

Hefazat files genocide case against Hasina, 49 others

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

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

Sheikh Hasina | BSS photo

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Govt willing to try Hasina, allies at ICC: Prof Yunus

ICC prosecutor assures help to International Crimes Tribunal

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

Photo: CA's Press Wing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Flawed, wholesale cases may hinder justice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Former ministers Amu, Qamrul produced before ICT

Former ministers Amir Hossain Amu and advocate Qamrul Islam have been produced before the International Crimes Tribunal (ICT) on Wednesday in connection with a genocide case. They were presented before the court around 10 am, according to the prosecution. On December 2, the ICT directed the relev

thefinancialexpress.com.bd

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

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

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

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

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

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

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

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

 

[Saif]

New ordinance brings ICT closer to int'l standards, more changes required

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

en.prothomalo.com

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

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

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

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

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

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

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

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

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

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

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

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

The positive changes

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

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

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

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

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

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

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

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

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


The negative

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

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

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

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

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

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

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

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

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

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

 

[Saif]

Try Hasina, Awami League

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

www.thedailystar.net

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

[Saif]

ICT asks IGP to explain Obaidul Quader’s escape

The International Crimes Tribunal on Tuesday directed the police chief to explain how Awami League general secretary and former road transport and bridges minister Obaidul Quader managed to leave the country...

www.newagebd.net

ICT asks IGP to explain Obaidul Quader’s escape
Staff Correspondent 18 December, 2024, 00:03

Obaidul Quader | File photo

The International Crimes Tribunal on Tuesday directed the police chief to explain how Awami League general secretary and former road transport and bridges minister Obaidul Quader managed to leave the country despite an arrest warrant placed on him.

It asked the inspector general of police to submit his detailed explanation within two weeks.

The tribunal, chaired by Justice Md Golam Mortuza Mozumder and joined by Justice Md Shofiul Alam Mahmood and retired district judge Md Mohitul Haq Anam Chowdhury, issued the order during the hearing of crimes against humanity cases.

The tribunal set February 18 for the submission of the investigation reports and ordered the production of all arrested politicians on the same date for further proceedings.

The cases involve deposed prime minister Sheikh Hasina and 45 other Awami League leaders, including Quader, over allegations of genocide and crimes against humanity during the July-August mass uprising.

Chief prosecutor Muhammad Tajul Islam brought to the tribunal’s attention that Obaidul Quader remained inside the country for months after the arrest warrant was issued by the tribunal.

He demanded clarification from law enforcement agencies on Quader’s whereabouts and the circumstances that allowed him to flee the country.

In response, the tribunal ordered the police to submit a report detailing their actions, Quader’s movements, and the mechanisms that facilitated his escape.

At a separate meeting on the day at the Dhaka Divisional Commissioner’s office, home affairs adviser retired Lieutenant Colonel Jahangir Alam Chowdhury admitted that the government was unaware of Quader’s location following the fall of the Awami League government on August 5.

‘We had no information on his whereabouts. If he was in the country, he would have been arrested,’ Jahangir said, responding to the allegations that Quader was inside the country for three months after the Awami League regime’s fall.

Prosecutor Tazul Islam reminded law enforcement officials of their obligation to uphold the tribunal’s directives, warning that non-compliance would be deemed a breach of duty to the state.

‘There is scope under the law to take action against those who aid or facilitate such escapes. For now, we will refrain from taking that route,’ he cautioned.

Tajul also announced that the prosecution would utilise findings from the ‘disappearance commission’ as evidence in the trial.

The Commission of Inquiry on Enforced Disappearance in its interim report recently submitted to the chief adviser identified Sheikh Hasina as a central figure in orchestrating enforced disappearances and linked her to the July-August killings.

The tribunal granted the prosecution two additional months to complete investigation into the cases against Sheikh Hasina and 45 others. It also instructed the police chief to provide updates on the Interpol’s red notice against Hasina.

The tribunal set February 18 for the submission of the investigation reports and ordered the production of all arrested politicians on the same date.

On Tuesday, 16 high-profile individuals, including former ministers, bureaucrats and a retired justice, were brought before the tribunal. They include—former ministers Anisul Huq, Amir Hossain Amu , Qamrul Islam, Faruk Khan, Abdur Razzaque Khan, Kamal Ahmed Majumder, Golam Dastagir Gazi, Rashed Khan Menon and Hasanul Haq Inu, Dipu Moni, Shajahan Khan, Zunaid Ahmed Polak, and former advisers to the primer minister Tawfiq-e-Elahi Chowdhury and Salman F Rahman.

Former justice Shamsuddin Chowdhury Manik and former home secretary Jahangir Alam were also produced before the tribunal in connection with the case.​

 

[Saif]

Internet was shut down on Hasina’s orders

Zunaid Ahmed Palak, former state minister for posts, telecommunications and information technology, has confessed to deliberately shutting down the internet nationwide during the July uprising on former prime minister Sheikh Hasina’s orders.

www.thedailystar.net

Internet was shut down on Hasina’s orders
Palak confesses at ICT

Zunaid Ahmed Palak, former state minister for posts, telecommunications and information technology, has confessed to deliberately shutting down the internet nationwide during the July uprising on former prime minister Sheikh Hasina's orders.

His testimony was recorded by the International Crime Tribunal's investigation agency following a questioning session held on Wednesday, said Chief Prosecutor Md Tajul Islam while addressing journalists at the tribunal yesterday.

"They [Hasina and Awami League lawmakers] wanted to ensure that Bangladesh was disconnected from the rest of the world to hide the instances of mass killings during the protests," Tajul said.

According to the chief prosecutor, Palak also said he had lied by saying that the internet blackout was caused by a fire incident in data centres in Dhaka's Mohakhali and destruction of telecommunication infrastructure by protesters.

"A WhatsApp group was created with International Internet Gateway service providers. A direct order was communicated through this group to shut down the internet immediately. They were asked to confirm after completion of the order," said Tajul.

Tajul said the interrogation was done in the full presence of lawyers. "There was a glass partition between Palak and the investigation agency, and his lawyers. This is as per the international standard. There is no scope for torture or coercion."

The prosecution was expected to submit a probe report against several government officials, including Maj Gen Ziaul Ahsan, yesterday, but the bench granted them an additional two months.

The bench, led by tribunal chairman Justice Md Golam Mortuza Mozumder and members Justice Md Shofiul Alam Mahmood and Judge Md Mohitul Haq Enam Chowdhury, passed the order.​

 

[Saif]

হাসিনার নির্দেশে সারাদেশে ইন্টারনেট বন্ধ করা হয়েছিল: পলক

 

[Saif]

73pc of complaints are related to killings during mass uprising

The chief prosecutor has filed a total of seven cases so far with the tribunal. Five of these cases were filed over killings during the mass uprising

en.prothomalo.com

73pc of complaints are related to killings during mass uprising
Pradip Sarkar
Dhaka
Updated: 21 Dec 2024, 14: 37

International Crimes TribunalFile photo

The office of chief prosecutor of the International Crimes Tribunal has registered more than 180 complaints in the last three months. Analysing some 153 of these complaints, it has been found that 73 per cent of the complaints were lodged over the killings during the mass uprising that ousted the Awami League government after 16 years.

Besides, 23 per cent of the complaints were related to enforced disappearances and killings carried out during the 15-year-rule of the Awami League.

Former prime minister Sheikh Hasina has been named among the accused in 94 of these 153 cases. The accused in these cases also include former Awami League ministers, state ministers, adviser to the former prime minister, former lawmakers, leaders of Awami League and its associate bodies, top leaders of the 14-Party-Alliance, former and serving bureaucrats, former and serving members of law enforcement agencies and former prosecutor of the International Crimes Tribunal.

These 153 complaints were lodged within 8 September to 4 December. Analysing these complaints, it has been found that 111 of these complaints were filed over killings during the mass uprising. Besides, 38 complaints were filed over enforced disappearances and killing under the rule of Awami League government.

Of the remaining four, one was filed seeking exemption from a case filed over crime against humanity during the liberation war.

Sources at the office of the chief prosecutor say it is not possible to directly file cases over genocide and crime against humanity at the International Crimes Tribunal. The victims have to file complaints at the office of the chief prosecutor first. Besides, complaints can be filed to the investigation agency under the chief prosecutor.

The chief prosecutor has filed a total of seven cases so far with the tribunal. Five of these cases were filed over killings during the mass uprising
According to the rule, the investigation agency under the chief prosecutor’s office verifies the complaints first. If the investigators found evidence supporting the complaint, then the chief prosecutor files cases with the tribunal.

The chief prosecutor has filed a total of seven cases so far with the tribunal. Five of these cases were filed over killings during the mass uprising and two were filed over enforced disappearance.

Sheikh Hasina has been accused of genocide during the uprising, enforced disappearances, killings and crimes against humanity. She has been termed as the ‘nucleus’ of these crimes to the tribunal by chief prosecutor Mohammad Tajul Islam.

Obaidul Quader and 44 others were accused in another case filed in connection to the crimes committed during the mass uprising. The other accused in the case include former Awami League ministers, state ministers and lawmakers.

All the complaints are under investigation now. No one will be sued if the complaints are not proven during the primary investigation
BM Sultan Mahmud, Prosecutor, International Crimes Tribunal.

In another case, former top officials of law enforcement agencies, including former IGP Abdullah Al-Mamun, were made accused. Besides, former additional superintendent of police (ASP) in Barishal range Md Alep Uddin and former superintendent of police (SP) at the Rangamati Police Special Training School Md Mohiuddin Faruki have been accused in two cases filed over enforced disappearances.

The Awami League government was forced to resign in the face of a mass uprising of students and people on 5 August. The trials over the enforced disappearances and killings under the Awami League rule are underway at the International Crimes Tribunal. The tribunal was formed for trials of crimes against humanity committed during the liberation war in 1971.

More complaints against the former influentials

Farhan , a student of Dhaka Residential Model College, was shot dead in the capital’s Dhanmondi area during a demonstration on 18 July. A complaint was filed over the incident for the first time in early September. Faiyaz’s father Shahidul Islam filed the complaint.

Among the others from the Sheikh family who have been accused of committing crimes against humanity are Sheikh Rehana, Sajeeb Wazed Joy, Sayma Wazed Putul, Tulip Siddique and Radwan Mujib Siddique.

Among the former ministers and state ministers who have been accused in these cases are Obaidul Quader, AKM Mozammel Haque, Asaduzzaman Khan, Anisul Huq, Hasan Mahmud, Jahangir Kabir Nanak, Hasanul Haque Inu, Rashed Khan Menon, Amir Hossain Amu, Abdur Razzaque, Faruk Khan, Shajahan Khan, Matia Chowdhury (late), Dipu Moni, Kamrul Islam, Mohibul Hasan Chowdhury, Junaid Ahmed, Mohammad Ali Arafat and Kamal Ahmed Majumder and advisers to the former prime ministers Salman F Rahman and Tawfiq-e-Elahi Chowdhury.

International Crimes Tribunal prosecutor BM Sultan Mahmud told Prothom Alo, “All the complaints are under investigation now. No one will be sued if the complaints are not proven during the primary investigation.”

*This report appeared on the print and online versions of Prothom Alo and has been rewritten in English by Ashish Basu​

 

[Saif]

Tribunal issues arrest warrant against ex-MP, 4 cops for burning bodies of protesters

The International Crimes Tribunal (ICT) has issued an arrest warrant against Saiful Islam, former lawmaker for Dhaka-19, and four police officials in a case filed over burning bodies of demonstrators in Dhaka’s Ashulia during July-August movement. The arrest warrant was issued by the chairman...

en.prothomalo.com

Tribunal issues arrest warrant against ex-MP, 4 cops for burning bodies of protesters
Staff Correspondent
Dhaka
Updated: 24 Dec 2024, 15: 52

Four police officials were directly linked with the killing and burning bodies of the victims on 5 August Collected

The International Crimes Tribunal (ICT) has issued an arrest warrant against Saiful Islam, former lawmaker for Dhaka-19, and four police officials in a case filed over burning bodies of demonstrators in Dhaka’s Ashulia during July-August movement.

The arrest warrant was issued by the chairman of the ICT, justice Md Golam Mortuza Majumder, and the member of the tribunal, retired district and sessions judge Md Mohitul Haque Enam Chowdhury, on Tuesday morning.

A separate case (miscellaneous case) was registered at the ICT today, Tuesday regarding the burning of bodies in Ashulia. With this, a total of eight cases have been registered at the tribunal so far.

Speaking with newsmen over the case, the ICT’s chief prosecutor Mohammad Tajul Islam said, “A submission was made in the tribunal today. Six students were shot dead in the Ashulia area of Savar on 5 August. Their bodies were dragged into a rickshaw. After leaving them there for a while, a police van was brought there and the bodies were taken. The police van was taken in front of a shop near the police station and an attempt was made to set it on fire with petrol so that people don’t understand who killed them. If the police killed them and set the police car on fire, people might think that the students and the public had done the killing. Thus, they set the police van on fire to cover up the killing.”

Tajul Islam said the tribunal's investigation agency had carried out a detailed probe of the incident.

“The investigation revealed that apart from police, Dhaka-19 parliamentary constituency’s the then lawmaker Saiful Islam and Chhatra League men directly shot at the protesters that day. He and four police officials have been identified for their involvement with the incident,” Tajul added.

The tribunal has granted an arrest warrant against these five and asked the authorities to arrest them quickly.

The court has set 26 January as the next hearing day for the case, he added.

The ICT’s chief prosecutor said four police officials were directly linked with the killing and burning bodies of the victims.

“We won’t disclose their names so that they cannot flee. High-ups of the law enforcers have been notified so that those involved cannot escape,” said Tajul, adding that the four cops are not yet sacked from the force.

Tajul also said that an application is being made to issue arrest warrants against those specifically involved in the July-August massacre only after collecting information and evidence.

Prosecutors Gazi Monwar Hussain, BM Sultan Mahmud, Abdullah Al Noman and others were present at the hearing.​