Crimes against humanity: Sheikh Hasina among 206 accused, 73 arrested

A total of 27 cases have so far been filed in the International Crimes Tribunal (ICT) over crimes against humanity committed across the country during the July Uprising.

Ousted Prime Minister Sheikh Hasina and 205 other people have been accused in these cases. Among them, 73 have been arrested, while 132 are still at large. One of the arrested accused has died in custody.

These figures regarding cases and arrests were obtained by Prothom Alo from the Chief Prosecutor's Office of the ICT on 25 June.

As per procedure, a written complaint must first be submitted to the Chief Prosecutor's Office or the Tribunal's investigation agency. If the initial evidence is found credible, the complaint is recorded as a "miscellaneous case" in the tribunal.

Following this, the investigation agency submits a report to the Chief Prosecutor's Office, which reviews the report and files formal charges with the tribunal. Once formal charges are filed, the case is documented as a regular case. The tribunal then holds a hearing on framing charges, and if the charges are formally framed, the trial officially begins.

So far, formal charges have been filed in three cases at the tribunal, including the case against Sheikh Hasina. Of the other two, one involves the killing of six protesters by gunfire in the Chankharpul area of Dhaka, and the other involves the murder of Abu Sayeed, a student of Begum Rokeya University in Rangpur.

According to the Chief Prosecutor’s Office, a total of 429 complaints have been submitted to the tribunal’s investigation agency and Chief Prosecutor’s Office regarding crimes against humanity during the July Uprising and enforced disappearances, killings, and torture during the one-and-a-half-decade rule of the Awami League government. Of the 27 cases filed so far, 24 are miscellaneous cases, while three have been converted into regular cases.

Regarding the tribunal's proceedings, Chief Prosecutor Mohammad Tajul Islam told Prothom Alo that trials in three cases have already begun. Within July, investigation reports may be submitted in 5-7 more cases. If these trials begin and the court wishes, verdicts in most trials could be reached within the next six months.

The anti-discrimination student movement demanding quota reform in public service recruitment began on 1 July last year. The movement quickly gained momentum and widespread participation, eventually evolving into a mass uprising that led to the fall of the Awami League government on 5 August after 36 days of continuous protests. Today marks the anniversary of the July Uprising. Crimes against humanity committed during the suppression of this uprising are now being tried at the ICT. According to the official gazette, 834 people died during the uprising.

Sheikh Hasina has been charged in four cases at the reconstituted tribunal. Among these, formal charges have been filed against her in the case related to crimes against humanity during the July Uprising. The five charges she faces in that case are: inciting violence through provocative speeches; ordering the extermination of protesters using helicopters, drones, and lethal weapons; responsibility for the brutal murder of Begum Rokeya University student Abu Sayeed; responsibility for the brutal shooting deaths of six protesters at Chankharpul; and responsibility for the burning bodies of six people in Ashulia.

Alongside Sheikh Hasina, former Home Minister Asaduzzaman Khan and former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun are also accused in this case.

In a hearing on framing charges in this case, the Chief Prosecutor stated that the crimes against humanity were committed as part of efforts to keep Sheikh Hasina in power at any cost during the uprising. He described her as the "nucleus" of all the crimes committed at that time.

The hearing on framing formal charges in this case is scheduled for today, Tuesday. Since Sheikh Hasina is in hiding, a state-appointed lawyer has been assigned to represent her.

Additionally, another case of crimes against humanity has been filed against Sheikh Hasina and 11 others over enforced disappearances, killings, and torture during the Awami League's rule. The investigation report in that case is due to be submitted on 24 August.

Sheikh Hasina has also been accused in the case filed over killing of Hefazat-e-Islam leaders and activists in Shapla Chattar, Motijheel, and other parts of the country. The investigation report in that case is due on 12 August.

Sheikh Hasina faces another case, one of contempt of court, with the ICT. The hearing of this case is due on Wednesday.

Among the cases filed with ICT, progress is visible in four including one filed against Sheikh Hasina. An application has been made regarding the charge framing in crimes against humanity case filed over the killings of six people in the city's Chankharpul area. Eight former policemen including Habibur Rahman, the former Commissioner of Dhaka Metropolitan Police, are accused in this case.

The investigation report for the case concerning crimes against humanity over the burning of six protesters in Ashulia, near Dhaka, during the mass uprising was submitted on 19 June. The report named 16 accused, including former lawmaker Muhammad Saiful Islam. The next hearing in this case is scheduled for tomorrow, Wednesday.

In the case of the murder of Abu Sayeed, a student of Begum Rokeya University, formal charges were submitted to the tribunal yesterday, Monday. The accused in this case include the university’s former Vice Chancellor Md Hasibur Rashid and 30 others. Four of the accused have been arrested so far.

Prosecutor Gazi Monowar Hossain Tamim told Prothom Alo, “The trial process here (in the tribunal) is moving faster than in any other judicial body in the country. Under the tribunal law, the trial formally begins with the submission of formal charges. However, the actual trial starts with the framing of charges.”

So far, no formal charges have been framed in any of the cases concerning crimes against humanity during the July mass uprising.

Of those arrested in crimes against humanity cases, 17 are former ministers, state ministers, advisers, mayors, and members of parliament. They include Anisul Huq, Salman F Rahman, Tawfiq-e-Elahi Chowdhury, Rashed Khan Menon, Hasanul Haq Inu, Amir Hossain Amu, Md Abdur Razzak, Muhammad Faruk Khan, Shajahan Khan, Dipu Moni, Golam Dastagir Gazi, Qamrul Islam, Shamsul Haque, Atiqul Islam, Kamal Ahmed Majumder, Zunaid Ahmed Palak, and A B M Fazle Karim Chowdhury.

At least 29 former members of the armed forces and law enforcement agencies have also been arrested. Among them are: former NTMC Director General Ziaul Ahsan, former IGP Chowdhury Abdullah Al-Mamun, former IGP AKM Shahidul Hoque, former Chittagong Port Authority Chairman Rear Admiral (retd) Mohammad Sohail, former Police DIG Molla Nazrul Islam, former Additional Deputy Commissioner of Police Ishtiaque Ahmed, former Assistant Commissioner of DB Police Javed Iqbal, former Superintendent of Police at Rangamati Training Centre Mohiuddin Faruqi, former Additional SP of Dhaka district Abdullahil Kafi, former DC of Mirpur division Jasim Uddin Molla, former ADC of Mirpur division Moinul Islam, former Additional SP of Barishal range Alep Uddin, former Additional SP of Savar circle Md Shahidul Islam, former AC Tanzil Ahmed, former OC of Jatrabari police station Abul Hasan, former OC of Gulshan police station Md Mazharul Islam, former OC of Uttara East police station Md Mujibur Rahman, former Inspector of DB North Dhaka Md Arafat Hossain, former Inspector of Shahbagh police station Mohammad Arshad Hossain, former Sub Inspectors Chanchal Chandra Sarker and Malek, former Assistant Sub Inspector Amir Hossain, former constables Sujon Chandra Roy, Imaz Hossain, Md Nasirul Islam, Md Sujon Hossain, Mukul Chokdar, Hossain Ali, and Md Akram Hossain.

In addition, former Secretary Md Jahangir Alam, retired Justice AHM  Shamsuddin Chowdhury Manik, former proctor of Begum Rokeya University Shariful Islam, Awami League’s (now banned) Gazipur city Organizing Secretary Abdullah Al Mamun, President of Uttara East thana Awami League Monowar Islam Chowdhury, Education Secretary Md Shahinur Mia, President of Uttara Sector-6 Awami League Md Bashir Uddin, President of Ward-1 Dhaka Metropolitan North Jubo League Delwar Hossain, and banned Chhatra League leader Imran Chowdhury have also been arrested.

According to the information of prosecution, among the fugitive accused include Sheikh Hasina, Obaidul Quader, Asaduzzaman Khan, Hasan Mahmud, Tarique Ahmed Siddique, Mahiuddin Khan Alamgir, Benazir Ahmed, Hasan Mahmud Khandker, Mohammad Ali Arafat, and Imran H Sarkar, former DMP Commissioner Habibur Rahman, former Joint Commissioner Sudip Kumar Chakrabarty, former Additional Deputy Commissioner Shah Alam Md Akhtarul Islam, former Assistant Commissioner Mohammad Imrul.

A section of these absconding accused have fled abroad. Among them are Sheikh Hasina, Obaidul Quader, Asaduzzaman Khan, Hasan Mahmud, Tarique Ahmed Siddique, Mohammad Ali Arafat, and Benazir Ahmed. The government has applied to the international police agency Interpol to issue ‘red notices’ to bring them back. Interpol has so far issued a red notice only against Benazir; no red notice has been issued for the others.

Regarding this, the Chief Prosecutor’s office has said that Interpol has not responded yet. If this proves impossible, the trial will proceed in their absence.

A group formed by the families of the martyrs, July 24 Martyrs’ Family Society, has Rabiul Awal as its general secretary. His younger brother, Imam Hasan Bhuiyan (Taim), was martyred on 20 July near the Kajla footbridge in Jatrabari, shot by the police during the anti-discrimination student movement.

Rabiul Awal expressed dissatisfaction with the progress of the trials for crimes against humanity committed during the mass uprising. While talking to Prothom Alo, he expressed frustration asking why hasn’t the formal trial of even a single case begun in the tribunal in an entire year. He demanded that the trial process be expedited.

Rabiul Awal said that the government has amended the law to give the prosecution and investigation agencies, in addition to law enforcement, the authority to arrest accused individuals. Yet, arrests have been few. He also voiced concerns about the safety of the July martyrs’ families and the injured.

However, retired Supreme Court Appellate Division Justice Md Abdul Matin believes there is no reason to be disheartened about the trial of crimes against humanity at this stage. He told Prothom Alo that the country is in a new situation. The prosecution and investigation agencies should be given a chance. The next government will also continue the trial process. Besides, now there are two tribunals.

He hoped that the trial proceedings will expedite more.