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

[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...

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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.

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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.​

 

[Saif]

July atrocities: Trial of top brass to be completed within a year

The top leaders of the ousted Awami League regime who stand accused of commanding the crimes against humanity during the July uprising will be brought to book within a year, speakers said at a dialogue yesterday.

www.thedailystar.net

July atrocities: Trial of top brass to be completed within a year
Say law adviser, ICT

The top leaders of the ousted Awami League regime who stand accused of commanding the crimes against humanity during the July uprising will be brought to book within a year, speakers said at a dialogue yesterday.

Law Adviser Asif Nazrul said, "Next year, we aim to celebrate the Victory Day by meting out justice to mass murderers."

He added that while amending the International Crimes Tribunal (ICT) law, the government intentionally refrained from including any provisions to try the AL as a political party.

"We want this trial process to be internationally accepted. We don't want to give anybody the scope to say this court is politically motivated," the adviser told the National Dialogue-2024, organised by the Forum for Bangladesh Studies at the Krishibid Institute Bangladesh.

Speaking at the same session, ICT Chief Prosecutor Tajul Islam said, "The tribunal cannot bring to justice every single officer or individual involved in crimes against humanity [within the time frame of the interim government]. But we'll bring the 'top commanders' to justice."

He added that this will include Sheikh Hasina and those who acted as deputies in the chain of command. "Let the criminal courts deal with the rest."

The chief prosecutor further said the tribunal, with 17 investigation officers and 10 prosecutors, are being realistic with their ambitions.

Attorney General Asaduzzaman said, "One of our challenges is making sure this tribunal can never be called a 'kangaroo court' and verdicts be questioned.

"We're faced with the reality that many criminal cases are being filed under questionable circumstances and people are being victimised. But we want to assure you that those cases will not impact the processes of the ICT, which will not focus on one or two incidents, but rather attempt to prove that crimes against humanity were committed in the whole."

General Secretary of Biplobi Workers Party Kazi Saiful Haque cautioned against indulging in vengeful tactics and urged upholding the spirit of justice.

He said it has to be decided who had the command responsibility, and who were field officers carrying out the orders. "The kind of justice meted out to each of these two categories will be different."

Bangladesh Jamaat-e-Islami Publicity Affairs Secretary Motiur Rahman Akand expressed frustrations at the speed of the judicial process. "It has been 141 days already and we're yet to see any trial successfully completed. We feel the government is not being swift enough."

Speakers also demanded the trial of officers of the Directorate General of Forces Intelligence (DGFI) for their role in perpetrating enforced disappearances.

"The DGFI is not acknowledging that it was linked to enforced disappearances. There needs to be accountability," said Sanjida Islam Tulee, coordinator of Mayer Daak, the platform for victims of enforced disappearance.

Didarul Islam Bhuiyan, a member of the Digital Security Act Victims Network, said, "In this new Bangladesh, we don't want the presence of forces like DGFI or Rapid Action Battalion, that were used as tools of oppression by the past government."

In 2020, Didarul was picked up by men claiming to be Rab officials. He was bound, tortured and then prosecuted under a Digital Security Act case.

Neamul Bashir, presidium member of Liberal Democratic Party, said DGFI needs to be brought to court for its involvement in enforced disappearances.

"Law enforcement units like the police's Counter Terrorism and Transnational Crime Unit, Rab and DGFI were used for political ends."

Law Adviser Asif Nazrul said the government's lawyers have already been instructed to investigate all cases filed with political motives.

"We've asked all the public prosecutors of all districts to investigate and find an estimate of the number of phantom cases filed out of political motivation."

He added that his ministry had gotten an estimate from 51 districts and was waiting for data from the remaining 13.

Zahir Uddin Swapan, media cell convener of the BNP; Jahidul Islam, secretary general of Islami Chhatra Shibir; Ashraf Ali Akand, political adviser to Islami Andolon; Jatiyatabadi Chhatra Dal leader Amanullah Aman; Barrister Tasnuva Shelley, among others, also spoke, while journalist Monir Haider moderated the dialogue.​

 

[Saif]

Enforced disappearance, extrajudicial killings, July massacre: Govt aims to finish trial of main accused in a year

International Crimes Tribunal chief prosecutor Muhammad Tajul Islam and law adviser Asif Nazrul, among others, on Saturday said that the trials of the prime accused in the cases of...

www.newagebd.net

Enforced disappearance, extrajudicial killings, July massacre: Govt aims to finish trial of main accused in a year
Staff Correspondent 29 December, 2024, 00:43

International Crimes Tribunal chief prosecutor Muhammad Tajul Islam and law adviser Asif Nazrul, among others, on Saturday said that the trials of the prime accused in the cases of enforced disappearance, extrajudicial killings and July-August uprising mass killings would be held within next one year.

The interim government had three priority issues—trial, reforms and election, they said, noting that trial of the killers topped that list.

Their statement came on the second day of a two-day dialogue titled ‘From enforced disappearances, extrajudicial killings to July mass killing: challenges of trial’ organised by the Forum for Bangladesh Studies at the Krishibid Institution at Farmgate in Dhaka city.

‘We expect that we will complete the trial of the prime accused in the International Crimes Tribunal in next one year,’ said the tribunal’s chief prosecutor Muhammad Tajul Islam while addressing the dialogue.

He said that their prime focus was to ensure the trial of the incidents of enforced disappearance and crimes against humanity and bring to justice the masterminds who ordered these crimes holding the state’s top posts.

He also said that they wanted the trials to follow the international standard so that they set an example.

Law adviser Asif Nazrul said that they would celebrate the next Victory Day with the verdict of July mass killings trials in the court.

He pointed out four major atrocities allegedly committed during the Awami League regime—Hefazat killings, BDR carnage, enforced disappearance and extrajudicial killings.

‘We are committed to ensure trials of these crimes,’ he said.

He also said that people’s expectation management was the main challenge for the interim government towards fulfilling its commitment.

Stressing importance on unity, Asif Nazrul warned that unity must not be broken despite differences in opinions.

‘Reforms cannot be held without unity,’ said Attorney General Md Asaduzzaman, adding that the main challenge was to keep the unity alive.

‘People from all walks of life took part in the July uprising against the Awami League regime,’ he said.

Supreme Court lawyer Tasnuva Shelley said that the trial of July mass killings would be based on digital evidence.

‘We require digital forensic laboratory and digital experts to crosscheck evidence. Many people are creating digital evidence through artificial intelligence, which is a concern for us,’ Tasnuva added.

Sanjida Islam Tulee, coordinator of Mayeer Daak, a platform for families of the victims of enforced disappearance, said that although the police and Rapid Action Battalion had admitted their crimes, Bangladesh Army and the Directorate General of Forces Intelligence had yet to admit their involvement.

Bangladesh Nationalist Party chairperson’s advisory council member Zahir Uddin Swapan questioned how the interim government would use the state machinery that opened fire against students taking side of the fascist regime.

BNP student organisation Jatiyatabadi Chhatra Dal organising secretary Kazi Saiful alleged that the Dhaka Metropolitan Police’s Counter Terrorism and Transitional Crimes unit in reality turned into a unit of Chhatra League, the student organisation of Awami League.

‘We haven’t yet seen anyone from the CTTC has been brought to book,’ he said.

Bangladesh Revolutionary Workers’ Party general secretary Saiful Haque, Bangladesh Jamaat-e-Islami publicity secretary Matiur Rahmman Akanda, Bangladesh Islami Chhatrashibir secretary general Jahidul Islam and Student Movement Against Discrimination executive committee member Zahid Ahsan, among others, spoke at the dialogue.​

 

[Saif]

ICT crimes trial should neither be hurried nor delayed

THE chief prosecutor of the International Crimes Tribunal, reconstituted on October 14 to expedite trial related to crimes against humanity and genocide committed during the...

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ICT crimes trial should neither be hurried nor delayed
30 December, 2024, 00:00

THE chief prosecutor of the International Crimes Tribunal, reconstituted on October 14 to expedite trial related to crimes against humanity and genocide committed during the July–August uprising, and the adviser for law to the interim government, installed on August 8 after the August 5 overthrow of the 15 years of authoritarian regime of the Awami League, say that the trial of the prime accused in cases of enforced disappearances, extrajudicial killing and the killing that took place during the uprising would be completed in a year. The chief prosecutor of the tribunal on the second day of a two-day dialouge on the challenges of the trial of enforced disappearances, extrajudicial killing and the mass killing of July, held at Krishibid Institution in Dhaka on December 28, has said that the prime goal is to ensure the trial of enforced disappearances and crimes against humanity and to hold to justice the masterminds of such crimes. The interim government is reported to have three issues on its priority agenda — trial, reforms and elections, but the trial of the killers is reported to be topping the list. The law adviser has said that the next Victory Day would be celebrated with the court verdict of the trial of the killings of July–August.

The crimes of involuntary disappearances, extrajudicial murder and the killing of people during the July–August uprising must, of course, be tried for justice, accountability and reparations to set a precedent that would act as a major deterrent to such crimes in future. The chief prosecutor of the International Crimes Tribunal also says that they want the trial to adhere to international standards to set a precedent. So far, so good. But what remains concerning in all this is the setting of a deadline of a sort for the completion of the trial — a year or before the next Victory Day. The trial should take its own course and the time that it would need. Any deadline for the completion of the trial, especially in the cases that the International Crimes Tribunal would deal with, could entail hurried and, even, delayed justice. There should be no hurry and no delay in the trial of the crimes at hand. Any hurry or delay could also taint the trial and make it controversial. Whilst the investigation should be thorough and credible, it is extremely important that the trial should also remain above any bias and strictly uphold the rule of law to avoid any controversy. Such concern is more pressing as a Supreme Court lawyer has already said that the trial would be based on digital evidence, but many are reported to be creating digital evidence with the help of artificial intelligence.

The trial of the crimes that the International Crimes Tribunal deals with should neither be hurried nor delayed to stop them from falling into controversy. It should take its own course.​