Investigation against Sheikh Hasina should be completed within a month

The International Crimes Tribunal (ICT) has ordered the submission of an investigation report within the next month regarding former Prime Minister Sheikh Hasina, who is facing charges of involvement in crimes against humanity, including genocide.

The tribunal’s investigation agency has been tasked with submitting separate investigation reports on 45 influential individuals, including Obaidul Quader, as well as ministers and members of parliament from the previous Awami League government, all facing similar charges.

A three-member tribunal, led by International Crimes Tribunal Chairman Justice Md. Golam Mortuza Majumdar, passed the order on Monday. The other members of the tribunal are Justice Md. Shafiul Alam Mahmud and retired District and Sessions Judge Md. Mohitul Haque Enam Chowdhury.

Chief Prosecutor Mohammad Tajul Islam informed the tribunal that crimes against humanity, including genocide, were committed during the mass uprising in July-August. He requested two months to investigate the allegations against former Prime Minister Sheikh Hasina.

However, the tribunal granted one month and ordered that the investigation report be submitted by 17 December. The tribunal also directed that a progress report on Sheikh Hasina’s arrest be submitted on the same day.

Numerous allegations of genocide and crimes against humanity, committed across the country during the student-led uprising from 1 July to 5 August, have been submitted to the tribunal’s Chief Prosecutor’s Office and the investigation agency. 

In one of these cases, the tribunal issued an arrest warrant for former Prime Minister Sheikh Hasina, and in another, warrants were issued for 45 accused individuals, including Awami League General Secretary Obaidul Quader. Thirteen of the accused, including nine former ministers, were presented before the tribunal on Monday.

The Awami League government fell on 5 August due to the mass uprising. Following this, an interim government initiated proceedings to try those responsible for crimes against humanity, including genocide, committed during the July-August period, at the International Crimes Tribunal.

As part of this process, the tribunal’s activities began on 17 October, with the first hearing taking place yesterday, Monday.

After the hearing, the tribunal’s Chief Prosecutor, Mohammad Tajul Islam, spoke to newspersons.

He stated that once the investigation agency submits its report, the trial for the separate cases filed against Sheikh Hasina and the 46 others will officially begin. Law enforcement agencies have reported that Sheikh Hasina is currently in India, and a request has been made to Interpol for her arrest. The government is working to bring Sheikh Hasina back, in accordance with its agreement with India.

The Chief Prosecutor also alleged that Sheikh Hasina bears the primary responsibility for the genocide and crimes against humanity committed during the mass uprising under the Awami League government.

This is the first time the accused have been produced before the tribunal in a case related to crimes against humanity committed during the July-August period.

A total of 13 individuals were brought before the tribunal yesterday. Among them were former Law Minister Anisul Haque, former Social Welfare Minister and Workers’ Party President Rashed Khan Menon, former Information Minister and JSD President Hasanul Haque Inu, former Civil Aviation and Tourism Minister Muhammad Faruk Khan, former Shipping Minister Shajahan Khan, former Education Minister Dipu Moni, former Jute Minister Golam Dastagir Gazi, former State Minister for Information Technology Zunaid Ahmed, and former State Minister for Industries Kamal Ahmed Majumder.

Also present were former Prime Minister’s Advisors Salman F Rahman and Tawfiq-e-Elahi Chowdhury, retired Justice AHM Shamsuddin Chowdhury Manik, and former Secretary Md Jahangir Alam.

These 13 individuals, who had been arrested earlier in connection with other cases, were formally shown arrested in the tribunal’s case yesterday. After the hearing, they were sent to jail. The tribunal also ordered that the remaining accused (for whom arrest warrants had been issued) be produced before the court on 17 December.

The hearing began at 11:00 am. The accused were transported to the tribunal in prison vans from various jails at 10:00 am. When the hearing commenced, the court allowed all present to take their seats.

During the proceedings, the Chief Prosecutor stated that the accused were responsible for issuing orders to kill during the mass uprising. He claimed they were also involved in planning the killings and are accused of “superior command responsibility.” 

Despite having the power to prevent these crimes, they failed to act. According to the prosecutor, each of the accused is responsible for all crimes committed during the July-August period.

As the Chief Prosecutor presented the charges, the accused remained silent in the dock. Regarding allegations of former Prime Minister Sheikh Hasina and her cabinet members’ involvement in genocide, the Chief Prosecutor said they did not hesitate to carry out genocide in order to maintain one individual’s (Sheikh Hasina’s) hold on power. 

He accused the Awami League government of having “killed democracy” by destroying the electoral system, of killing army officers in the name of the BDR mutiny, and of executing a planned genocide of unarmed leaders and activists of Hefazat-e-Islam at Shapla Chattar. 

He also cited cases of extrajudicial killings during the Awami League government, claiming that the Rapid Action Battalion (RAB) had been used as a “death squad.”

The prosecutor further criticised the suppression of free speech through the Digital Security Act and the use of the term “Razakar” to target dissent and opposition parties.

Former Agriculture Minister Abdur Razzaque was also expected to be produced before the tribunal yesterday. However, he was taken to Mirzapur police station in Tangail for questioning on remand in another case (not related to the tribunal).

The Chief Prosecutor informed the tribunal that it was not possible to bring Abdur Razzaque from there and stated that prison authorities could provide further clarification. It was unclear whether any prison officials were present at the tribunal, as no one spoke on the matter.

Later, after the hearing, the Chief Prosecutor told newspersons that a communication error had prevented the former agriculture minister’s presence at the tribunal.

During the hearing, the Chief Prosecutor also outlined the specific charges against each accused. At one point, while discussing the charges, he pointed out that Nijhum Majumder (a lawyer and online activist) had incited genocide on various social media platforms, and he called for action to be taken against him.

Ehsanul Haque Shomaji appeared as the lawyer for five of the accused. At the start of the hearing, Chief Prosecutor Md. Tajul Islam informed the tribunal that Ehsanul Haque Shomaji had been entrusted with an important responsibility by the government. Therefore, if he were to represent the accused, it would present a “conflict of interest”.

The Chief Prosecutor requested that Shomaji refrain from conducting the hearing on behalf of the accused.

In response, Ehsanul Haque Shomaji stated that he had not received any official notification regarding the responsibility the Chief Prosecutor referred to. He also mentioned that whether or not he would accept the responsibility mentioned by the Chief Prosecutor was still a matter for consideration.

The tribunal then inquired which accused he was representing. In reply, Shomaji named five individuals: Anisul Haque, Salman F. Rahman, Faruk Khan, Tawfiq-e-Elahi Chowdhury, and Junaid Ahmed. Following this, Shomaji decided to refrain from representing the accused.

After the hearing, Ehsanul Haque Shomaji told newspersons that, out of “respect for the court and everyone involved,” he chose not to continue as the lawyer for the accused in light of the Chief Prosecutor's statement.

Tawfiq-e-Elahi Chowdhury and Muhammad Faruk Khan during the hearing. They requested that the tribunal obtain the charge sheet for both accused. The tribunal granted their request and ordered that the charge sheet be issued.

Additionally, Azizur Rahman requested that the tribunal allow the relatives and lawyers of the accused to speak with them. The tribunal also granted this request.

After the hearing, the lawyers were allowed to meet with the accused inside the tribunal. Subsequently, the accused were returned to prison in a prison van.

* The report, originally published in the print and online editions of Prothom Alo, has been rewritten in English by Farjana Liakat