Formal charges against 94 accused including Sheikh Hasina

Formal charges have been filed in 10 cases at the International Crimes Tribunal regarding the killings during the July mass uprising and the enforced disappearances and torture under the Awami League government’s 15 and half years.

A total of 94 individuals have been accused in these cases, including the deposed Prime Minister Sheikh Hasina, former ministers, former and current military officers, and a former Inspector General of Police.

Among the accused in the 10 cases where formal charges have been filed, there are 18 politicians including Sheikh Hasina, 25 former and current military officers, 38 former police personnel, 4 former university teachers, 8 former officials/employees, and one physician. Of the accused, 21 have been arrested, 58 are absconding, and 15 are in military custody.

After the mass uprising on 5 August last year, the ICT was reconstituted to try crimes against humanity. Between 25 May and 8 October this year, formal charges were filed in cases of crimes against humanity; among them, eight cases pertain to killings during the July mass uprising, and two cases pertain to enforced disappearances and torture under the Awami League’s (now banned) rule.

Out of the 10 cases where formal charges were filed, witness examination has been completed in one case. In this case, arguments began yesterday, Sunday. In three other cases, witness examination is ongoing, while in the remaining six cases, witness examination has not yet started.

According to the rules, in any case or allegation of crimes against humanity, a written complaint must first be submitted to the office of the Tribunal’s Chief Prosecutor or the investigating agency. If the preliminary authenticity of the complaint is established, it is registered at the tribunal as a ‘miscellaneous case’ or miscellaneous proceedings. Subsequently, the investigating agency submits a report on the complaint to the Chief Prosecutor’s office. The Chief Prosecutor reviews the investigation report and files formal charges at the tribunal.

Through the filing of formal charges, a ‘miscellaneous case’ transforms into a formal case. Then a hearing is held on the formation of the formal charges. In this hearing, the tribunal issues an order regarding the formation of the ‘formal charges.’ After that, formal proceedings commence with opening statements and witness examination.

The trial of the case accusing three individuals, including Sheikh Hasina, of crimes against humanity during the mass uprising has progressed the most so far. Witness examination in this case concluded on 8 October. Yesterday (12 October), arguments were presented for the first time in this case. Alongside Sheikh Hasina, former Home Minister Asaduzzaman Khan and former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun are accused in this case. However, former IGP Mamun admitted his crimes and gave a statement as an ‘approver.’

Witness examination is ongoing in three cases where formal charges have been filed. One of these cases concerns crimes against humanity in Chankharpul, Dhaka, during the mass uprising. All eight accused in this case are former members of Dhaka Metropolitan Police (DMP). Among them, former DMP Commissioner Habibur Rahman, former Deputy Commissioner Sudip Kumar Chakraborty, former Additional Deputy Commissioner (ADC) of the Ramna area Shah Alam Md Akhtarul Islam, and former Assistant Commissioner of Ramna Mohammad Imrul have been absconding since 5 August last year.

The remaining four accused—former inspector (unarmed) of Shahbagh Police Station Md Arshad Hossain, former constable Md Sujan Hossain, Imaz Hossain, and Md. Nasirul Islam—have been arrested and are currently in jail.

In this case, local government advisor Asif Mahmud Sajeeb Bhuiyan gave testimony as the 19th witness at the tribunal last Thursday. He is scheduled to be cross-examined next Thursday (15 October).

In another case concerning the burning of six bodies in Ashulia, Dhaka, during the mass uprising, testimonies from 14 witnesses have been recorded so far. The next witness examination is scheduled for 15 October. There are 16 accused in this case. Those arrested and in jail include former Additional Police Superintendents of Dhaka District Police Savar Circle Md Shahidul Islam and Abdullahil Kafi, former inspector Md Arafat Hossain of Dhaka District Detective Branch (DB), former sub-inspector of Ashulia Police Station Abdul Malek, Arafat Uddin, Kamrul Hasan, Sheikh Abzalul Haque, and former constable Mukul Chokdar.

Those absconding include former MP Muhammad Saiful Islam, former DIG of Dhaka Range Syed Nurul Islam, former Superintendent of Police of Dhaka District Md Asaduzzaman Ripon, former Officer in Charge of Ashulia Police Station AFM Sayeed, inspectors Md Masudur Rahman and Nirmal Kumar Das, ASI Bishwajit Saha, and Jubo League (now banned) activist Roni Bhuiya.

In the case of the first martyr of the July uprising, Abu Sayed, a student of Begum Rokeya University, Rangpur, 11 witnesses have testified so far. Today, Monday, is another day scheduled for witness examination. There are 30 accused in this case, six of whom have been arrested. They are: former proctor of Begum Rokeya University Shariful Islam, former assistant registrar Rafiqul Hasan, former employee (contractual) of registrar office Anwar Parvez, former assistant sub-inspector of police Amir Hossain, former constable Sujan Chandra Roy, and former Chhatra League (now banned) leader Imran Chowdhury.

Among the absconding accused are former teachers and employees of Begum Rokeya University, including former vice-chancellor Md Hasibur Rashid, former associate professors Md Moshiur Rahman and Asaduzzaman Mandal, former assistant registrar Md Hafizur Rahman, former section officer Md Moniruzzaman, former employee (MLSS) Md Nurunnabi Mandal, and AKM Amir Hossain; former security guard Nur Alam Mia, and former office assistant Md Mahbubar Rahman.

Police members accused in Abu Sayed’s murder case include former RPMP Commissioner Md Moniruzzaman, former Deputy Commissioner Md Abu Maruf Hossain, former ADC Md Shah Nur Alam Patwari, former Assistant Commissioner Md Arifuzzaman, former inspector (unarmed) Robiul Islam, and former SI (unarmed) Bibhutibhushan Roy.

In addition, Begum Rokeya University Chhatra League president Pomel Barua, general secretary Md Mahfuzur Rahman, vice presidents Md Fazle Rabbi and Md Akhtar Hossain, organising secretaries Sejan Ahmed and Dhananjay Kumar, office secretary Babul Hossain, joint general secretary Md Masudul Hasan, and physician Md Sarwar Hossain are also accused in this case.

Formal charges against JASAD president Hasanul Haq Inu regarding crimes against humanity in Kushtia during the mass uprising were taken cognisance of by the tribunal on 25 September. The hearing on the formation of formal charges in this case is scheduled for 14 October. Inu is the sole accused and is currently in jail.

In another case in Kushtia regarding crimes against humanity during the mass uprising, formal charges were taken cognizance of on 6 October against four accused, including Awami League Joint General Secretary Mahbub Ul Alam Hanif. The tribunal has scheduled 14 October for the accused to be arrested and produced. Besides Hanif, the other three accused are former Chairman of Kushtia Zila Parishad Sadar Uddin Khan, General Secretary of Kushtia district Awami League Asgar Ali, and General Secretary of Kushtia pourashava Awami League Ataur Rahman. All accused in this case are absconding.

Formal charges were filed on 8 October at the tribunal in two cases of enforced disappearances under Awami League rule and one case of killings during the July uprising. The tribunal took cognizance of all three cases the same day. It also ordered that the accused in the three cases be arrested and produced at the tribunal on 22 October.

A total of 32 individuals are accused in these three cases, of whom 25 are former and current military officers. Among them, 15 are currently in military custody.

In the first enforced disappearance case where formal charges were filed, 17 individuals were accused. Among them are former Additional Inspector General of RAB Brigadier General Md Jahangir Alam, Brigadier General Tofail Mostafa Sarwar, Brigadier General Md Kamrul Hasan, Brigadier General Md Mahbub Alam, Brigadier KM Azad, Colonel Abdullah Al Momen, and Colonel Anwar Latif Khan (currently on LPR); former directors of RAB’s intelligence branch Lt Colonels Md Moshiur Rahman, Saiful Islam Sumon, and Md Sarwar Bin Kashem are in military custody.

Of the accused, three former RAB DGs-- Benazir Ahmed (later became IGP), M Khurshid Hossain, and Md. Harun-or-Rashid-- are absconding. Other absconding accused listed in this case include Sheikh Hasina, former Defence Advisor Major General (Ret) Tarique Ahmed Siddique, former Home Minister Asaduzzaman Khan, and former RAB Director Lt Colonel (Ret) Muhammad Khairul Islam.

In the other enforced disappearance case under Awami League rule, 14 individuals, including Sheikh Hasina and Tarique Ahmed Siddique, were accused. Among them, three former DGFI directors—Major General Sheikh Md Sarwar Hossain, Brigadier General Md Mahbubur Rahman Siddiqui, and Brigadier General Ahmed Tanvir Mazahar Siddiqui—are in military custody.

The accused also include five former directors of DGFI. They are Lt General (retd) Md Akbar Hossain, Major General (retd) Md Saiful Abedin, Lt General (retd) Md Saiful Alam, Lt General (retd) Ahmed Tabrez Shams Chowdhury, and Major General (retd) Hamidul Haq. Other accused include former DGFI directors Major General (retd) Md Touhidul Ul Islam, Major General Kabir Ahmed, and Lt Colonel (retd) Makhshurul Haq. Their current whereabouts are unknown; some sources indicate they may have left the country.

Additionally, in cases of crimes against humanity during the mass uprising in Rampura and Banasree, Dhaka, former BGB officers Lt Colonel Md Redwanul Islam and Major Md Rafat-bin-Alam, former DMP ADC Md Rashedul Islam, and former OC Md Moshiur Rahman have been accused. Among them, Redwanul and Rafat are in military custody; the other two are absconding.

Former military officer Major General (retd) Ziaul Ahsan also has several ‘miscellaneous cases’ at the tribunal, but formal charges have not yet been filed in any. Ziaul is currently in jail.

Formal charges were formed on 18 September in a case concerning the killing of two people and injury to two others in Rampura and Khilgaon, Dhaka, during the mass uprising. Opening statements and witness examination are scheduled for 16 October.

Former DMP Commissioner Habibur Rahman, former ADC of Khilgaon Md Rashedul Islam, former OC of Rampura police station Md Moshiur Rahman, former sub-inspector of Rampura police station Tarikul Islam Bhuiyan, and former Assistant Sub-Inspector (ASI) of Rampura police outpost Chanchal Chandra Sarker are accused in this case. Only Chanchal Chandra has been arrested.

After the mass uprising, the ICT Act was amended four times. The latest amendment was gazetted on 6 October. It states that a person against whom formal charges have been filed will be disqualified from being elected as a Member of Parliament. Additionally, they cannot be elected or appointed as a member, commissioner, chairman, mayor, or administrator of any local government institution. They are also ineligible for any government service or public office. However, if the tribunal acquits or exempts someone, these restrictions do not apply to them.

In other words, those against whom formal charges have been filed cannot participate in the next national parliamentary election and cannot hold government employment.

Md Amir Hossain, the lawyer for the state-appointed accused in the case against Sheikh Hasina, believes the latest amendment to the tribunal law is not justified. He told Prothom Alo that disqualifying someone from elections or government employment merely because formal charges have been filed is equivalent to punishing the accused before being convicted.

Crimes against humanity are being tried at Tribunal 1 and 2. The Chief Prosecutor’s office last provided written information to journalists on trial progress in the first week of August. At that time, it was reported that a total of 450 complaints regarding crimes against humanity had been received. After preliminary verification, 30 were registered as ‘miscellaneous cases.’ A miscellaneous case becomes a formal case when the Chief Prosecutor files formal charges after reviewing the investigation report.

Among the miscellaneous cases under investigation, one includes 45 accused, including Obaidul Quader, Anisul Haq, Salman F Rahman, Tawfiq-e-Elahi Chowdhury, Rashed Khan Menon, Amir Hossain Amu, Abdur Razzaque, Qamrul Islam, Muhammad Faruk Khan, Dipu Moni, and Golam Dastagir Gazi. In this case, the investigation report is scheduled to be submitted on 15 October.

Regarding trial progress, Tribunal Prosecutor Md Mizanul Islam told Prothom Alo that arguments in one of the cases against Sheikh Hasina concerning killings during the July uprising may conclude this week or next week. After arguments, the verdict in this case may be delivered as first.