Indiscriminate accusations make cases questionable

The government of Sheikh Hasina used members of the law enforcement agencies and party activists to indiscriminately shoot and kill people in order to thwart the student-people’s movement.

Various persons are now being accused indiscriminately in the cases being filed in these incidents. As a result, the cases are questionable. Legal experts feel that in such cases, it may be difficult to ensure justice for the victims, that is, the families of those who were killed.

During the rule of the Awami League government, incidents were concocted and innumerable cases brought about against leaders and activists of the political opposition as well as the common people. These fabricated cases were used to harass the people. The plaintiffs of these cases were the police or Awami League leaders and activists. Now the context is different.

According to Prothom Alo reports, from 16 July to 1 September at least 760 persons were killed around the country in gunfire by the police and other law enforcement agencies, clashes and other forms of violence centering the Students against Discrimination movement. Those who were killed include students, women, children, leaders and activists of various political parties and people from all walks of life. Some of them died on the spot and some while undergoing treatment at hospitals.

In some of the cases filed by the relations of the killed persons, the accused include businessmen and persons of various professions. Many have also been allegedly accused in these cases, along with others, due to local conflict. Legal experts say there has to be specific charges when filing murder cases. But in most of the cases being filed, the accused are those who reportedly ordered or directed the killings. There is little chance of such cases standing up in court. That is why in order to ensure justice for the victims, there needs to be specific directives about scrutinizing the cases in the police stations or court.

Prothom Alo spoke to the plaintiffs of six cases. Five of them said they gave names of the accused in the cases as advised by their acquaintances. Another one was unwilling to comment on the lengthy list of accused persons in his case.

In some cases there are 315 persons including Sheikh Hasina on the list of accused. In some cases, alongside those named as the accused, there are 300 to 400 unidentified persons too. Most of the accused are ministers and members of parliament of the last Awami League government. In some cases the top leaders of Awami League have been named as the accused. In some cases leaders of the Awami League-led 14-Party alliance have been named. Also, senior police officers, in charge during the Awami League government, have also been accused. In some cases the accused are journalists and persons of other professions, known to be close to Awami League.

These cases are rendering the achievements of the movement questionable. If cases are filed in such an arbitrary manner, those who have committed the crimes or abused power or resorted to corruption, many get let off the hook like before
Sara Hossain, Honorary executive director of Bangladesh Legal Aid and Services (BLAST)

BNP secretary general Mirza Fakhrul Islam Alamgir has also called for a halt to such cases being filed indiscriminately. Speaking at a press conference in Gulshan on 28 August, he said, “Cases are being filed simply if there is enmity with anyone. The law enforcement must scrutinize these before accepting the cases. There needs to be preliminary investigations or people will simply file case against their enemies.”

Citing the example of indiscriminate cases, Mirza Fakhrul said, “Awami League leaders around the entire country are being accused in a case regarding some incident in Khagrachhari. All this must stop.”

On 5 August, in face of a mass uprising, Sheikh Hasina resigned from the post of prime minister. After that she left the country and went to India. After she left, at least 105 cases have been filed in her name. There are at least 97 murder cases among these. Also, eight complaints have been lodged with the International Crimes Tribunal against Sheikh Hasina. Of these, seven deal with killings that took place during the movement of the Students against Discrimination. The other concerns the massacre that took place in 2013 during the Hefazat-e-Islam programme at Shapla Chattar in Motijheel.

Speaking to Prothom Alo, honorary executive director of Bangladesh Legal Aid and Services (BLAST) Sara Hossain said, these cases are rendering the achievements of the movement questionable. If cases are filed in such an arbitrary manner, those who have committed the crimes or abused power or resorted to corruption, many get let off the hook like before. The victims have the right to file cases, but if they do not have adequate legal support or if they are influenced while filing the cases, then the case may be harmed. The interim government can form a high-level committee or task force to provide directives about how to go about these cases. If the interim government or police take initiative, these cases can be filed in a more orderly manner.

Accused of issuing orders and directives

Many lawyers feel that if the interim government continues to come up with such cases en masse in the style of the past government, their repute will be at stake. It would be wrong to carry out such actions just because it was done so in the past. The fate of a case depends on the complaint and the subject matter. For example, a murder case was filed at the Adabor police station against cricketer Shakib Al Hasan. Shakib was not in the country at the time of the incident. There are similarly many other accused who were not in the country at the time of the incidents.

Lawyer Khan Khalid Adnan, speaking to Prothom Alo, said that autopsies have not been carried out on most of the persons who were killed. An autopsy report is essential to determine the actual cause of death. When filing a murder case it is essential to mention specific motives and objectives in the complaint. In the cases, next to the names of the accused it has simply been mentioned 'issued orders' or 'issued directives'. In most instances, the person who actually fired the bullet has not been identified. In the eyes of the law, it will be difficult to prove the identity of the one who gave the orders. That is why it will be difficult for these cases to stand in court.

There have been incidents where the arrested persons have been assaulted in the court premises. Eggs were thrown at the former law minister Anisul Huq, the former information minister Hasanul Haq Inu and former advisor to the prime minister Salman F Rahman. Former education minister Dipu Moni was also harassed on the court premises. Former justice AHM Shamsuddin Chowdhury was beaten up on the court premises. Initially some of the accused didn't even have lawyers in court. These matters are being criticised. Legal experts are calling for security for the accused to be ensured on the court premises.

Questions have arisen over the cases filed by the police regarding killings in the violence during Students against Discrimination movement before the fall of the Sheikh Hasina government. In the incidents of 64 persons being killed before 5 August, police filed 34 cases in various police stations of the capital Dhaka. The accused include unidentified BNP, Jamaat and quota demonstrators. Now Awami League leaders, former ministers and officials are being arrested and taken on remand in those cases. Lawyers say these discrepancies will weaken the cases.

Speaking to Prothom Alo, Supreme Court lawyer Shahdeen Malik said the police are supposed to scrutinise the details before registering a case. Clearly there is no preliminary scrutiny in these cases. If a case is to be filed in court, the magistrate will take the statement of the plaintiff and question him or her. This is possibly not being done. He stressed the need to carry out the needed scrutiny before taking up cases.