Student movement: Move for trial of all killings at International Crimes Tribunal

The interim government has decided to seek justice for all the killings that have taken place during the students and people's movement. The decision is to carry out trial at the International Crimes Tribunal (ICT) for all the killings that took place from 1 July to 5 August during the student movement.

The Awami League government had formed the International Crimes Tribunal to trial of anti-liberation war persons involved in crimes against humanity in 1971. Several leaders of Jamaat and BNP were tried at this tribunal. Later their sentences were carried out.

Presently there are allegations against many persons including the deposed prime minister Sheikh Hasina regarding killing during the student movement. The interim government has taken initiative to try them at the International Crimes Tribunal.

The interim government's advisor for law, justice and parliamentary affairs Asif Nazrul revealed this at a press briefing on Wednesday.

UN to send team to help in investigations

The United Nations High Commissioner for Human Rights Volker Türk called chief advisor of the interim government Dr Muhammad Yunus over the phone yesterday, Wednesday. Both of them posted the matter of their phone call on X yesterday.

Dr Muhammad Yunus sought Turk's assistance in upholding human rights. The UN human rights high commissioner said the UN would soon form an investigation team and send it to Bangladesh to probe into the killings during the student uprising.

Meanwhile, a sources in the UN wishing to remain unnamed, told Prothom Alo in Wednesday evening that he has learnt about the matter of holding trial at the ICT regarding the killings that took place during the student movement. The trial would be under the International Crimes (Tribunal) Act 1973. According to this law, there is provision to pass death sentence of a person is proven guilty by this tribunal. As the US does not approve of death sentence, the UN cannot be involved in this.

However, if Bangladesh wants, the UN is ready to extend its support in a separate process to investigate the allegations of massacre and crimes against humanity brought about against the deposed prime minister Sheikh Hasina and others.

There are reports of 217 deaths in violence and conflict from 16 July to 3 August during the students' movement. And another 365 died after the fall of the government in 4 August. That means, in all, there are 582 reported deaths from 16 July till date. Cases are being filed in this regard.

The Awami League government formed an inquiry commission regarding the killings during the violence and clashes. The students had called for an inquiry led by the UN. Speaking at the press briefing yesterday, Wednesday, law advisor Asif Nazrul said they are trying to have the investigation carried out under UN supervision. The UN has given repeated assurance of cooperation. In order to absolute transparency and neutrality of the trial, the local investigation team will work under overall supervision of the UN.

Asif Nazrul said that it was decided to hold a meeting with the US resident coordinator in Dhaka. The date has not been finalised as yet. They will seek cooperation. A high level of the government will also contact the relevant UN agency in in this regard.

Professor Asif Nazrul said, a number of cases have already been filed regarding the incidents of massacre and firing. The various student organisations active on the streets, human rights organisations and various sections of the society have called for these crimes to be tried as crimes against humanity. They are looking into the matter. He said a brief study has already been carried out to determine whether those responsible for the killings in the July massacre, can be tried under the International Crimes Tribunal Act 1973, which was amended in 2009 and 2013. The studies indicates that those involved in these killings, who ordered the killings as well as those who aided and abetted these crimes, can all be tried under this law.

Four lawyers have given different opinions about these killings being brought to trial at the International Crimes Tribunal. On condition of anonymity, three lawyers told Prothom Alo that the 1973 International Crimes Tribunal Act has been drawn up in connection with the genocide, crimes against humanity and war crimes take took place during the liberation war. They feel that the Awami League leaders can't be tried under this act without amendments.

However, another lawyer has a different view. He told Prothom Alo that if it can be proven that massacre and crimes against humanity took place during the student movement, then trial can be held under this law.

Those in the highest position of government can be investigated and tried too, the law advisor thinks. He told the press briefing that no one will be spared including those against whom there are charges, including the former head of government, those whom issued orders, ministers whose names appear in the newspapers. He said, "We will probe into those who had command responsibility including the prime minister of the last government."

When asked about bringing back Sheikh Hasina who resigned and fled the country, Asif Nazrul said, first initiative for trial will be taken, then the question of bringing her back. He said July massacre refers to the massacre of the first five days of August too.

The law ministry also has plans to restructure the ICT's investigation agency. The law advisor said, there is an investigation team and there is a prosecution team. Efforts are on to restructure these. The tribunal, however, will be restructured later.

The law ministry had decided to withdraw all cases filed for harassment purposes from 1 July to 5 August during the student and people's movement. It has initiative been decided to withdraw the cases in the first three working days. The law advisor said, it was not possible to withdraw the cases in three days because the environment hadn't been conducive for the police to return to their workplaces. The police have now joined work. He hopes that by Thursday the false cases in Dhaka can be withdrawn. And that the rest of the false cases all over the country can be withdrawn within 31 August. He said that the fictitious cases would be withdrawn too.

The law advisor said, the false cases against political leader Mahmudur Rahman Manna and journalist Rozina Islam were sensational cases. He spoke of the initiative to withdraw these cases too.

There are many laws including the Cyber Security Act that are repressive laws, he said, adding that there had been demands to abolish such laws. The Editors Council on 12 August had issued a statement saying that the last government had taken several measures to control freedom of speech, creativity and to control and silence the voice of the media industry. There were other repressive laws in the pipeline. These proposed laws would be cancelled shortly.

In September last year the controversial Digital Security Act had been revoked and the Jatiya Sangsad passed the Cyber Security Act in its stead. This basically was just a change in name and a few other perfunctory changes.

According to the media, in the very first month after the Cyber Security Act was passed, 14 cases were filed under this law. Most of these were defamation cases.

The law minister said, a list of repressive laws has been drawn up and these will be abolished or amended, as needed.

The Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act will be repealed, hoped advisor Asif Nazrul. As to whether the related indemnity clause would be repealed, the law advisor said that was no in the jurisdiction of his ministry. Chief advisor Dr Muhammad Yunus is in charge of the power, energy and mineral resources ministry. He would raise the matter with the chief advisor as soon as possible. He believes this will be repealed soon.

Regarding amendment of the constitution, he said they are conscious of this matter.

When asked if changes would be brought to the election commission, Asif Nazrul said this initiative would be taken with all sincerity. He also placed importance in the trial for the killing of the journalist couple Sagar and Runi.

Officials of the judiciary will have to submit details of their assets. Asif Nazrul said, in consultation with the Supreme Court, directives have been issued for details of all moveable and immoveable assets at home and abroad, belonging to judicial officials and their families, to be submitted within 10 working days.

The law advisor said that certain initiatives had been taken for judicial reforms and for improving the environment of the lower courts. The use of plastic products had been barred there.