‘Hasina was the superior commander of crimes against humanity’

Primary evidence of crimes against humanity committed in the country between 1 July and 5 August last year during the mass uprising has been found, with former Prime Minister Sheikh Hasina identified as the “superior commander”- the highest-level orderer - of these crimes.

Chief Prosecutor Mohammad Tajul Islam raised the issue before the International Crimes Tribunal (ICT) during a hearing on a case of crimes against humanity filed against her.

The tribunal has granted prosecutors an additional two months to submit the investigation report on Sheikh Hasina, setting the new deadline for 20 April.

The three-member International Crimes Tribunal, led by Justice Md. Golam Mortuza Majumder, issued the order on Tuesday. The other two members of the tribunal are Justice Md. Shafiul Alam Mahmud and retired District and Sessions Judge Md. Mohitul Haque Enam Chowdhury.

During the hearing, Chief Prosecutor Tajul Islam stated that the investigation into the former prime minister is in its final stages.

He mentioned that the recently published fact-finding report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) has been submitted and is in the process of being incorporated into the investigation.

Tajul Islam further noted that crimes against humanity were committed nationwide, and investigators are currently gathering additional information from various universities. New data, including call records of top figures from the previous government, have also emerged and will be presented.

He emphasised that rushing the investigation could result in an incomplete report and assured the tribunal that they aim to submit the findings within the next two months, despite formally requesting additional time.

The tribunal instructed the prosecution not to submit an incomplete report, advising them to take additional time if necessary. Following this, the tribunal granted a two-month extension.

After the fall of the Awami League government in the mass uprising, the interim administration reconstituted the tribunal on 14 October last year. Shortly afterward, on 17 October, the tribunal issued an arrest warrant for Sheikh Hasina and ordered her to be presented before the court by 18 November.

At the hearing on that date, prosecutors were initially granted one month to submit the investigation report, followed by a two-month extension. The deadline was then set for February, but with this latest ruling, the submission date has now been pushed back to April.

On 17 October, the tribunal issued an arrest warrant against 45 individuals, including former minister Obaidul Quader, along with ministers, advisors, members of parliament, and bureaucrats from the previous government, in connection with another case of crimes against humanity committed during the mass uprising.

The deadline for submitting the investigation report in this case has been extended three times so far, with the tribunal now granting an additional two months, setting the new submission date for 20 April.

Of the 45 accused, 16 were produced before the tribunal on Tuesday. Among them were 14 former ministers, advisors, and state ministers: Anisul Haque, Salman F Rahman, Toufiq-e-Elahi Chowdhury, Rashed Khan Menon, Hasanul Haque Inu, Amir Hossain Amu, Md. Abdur Razzak, Muhammad Faruk Khan, Dipu Moni, Golam Dastagir Gazi, Shajahan Khan, Kamrul Islam, Junaid Ahmed, and Kamal Ahmed Majumder.

The other two were retired judge AHM Shamsuddin Chowdhury Manik and former secretary Md. Jahangir Alam.

During the hearing, Chief Prosecutor Tajul Islam stated that these 45 individuals fall under the next level of command below Sheikh Hasina, whom the prosecution has labeled as the “superior commander” of crimes against humanity.

He added that the charges against Sheikh Hasina also apply to these 45 accused.

The 16 accused, including Anisul Haque, were brought to the tribunal at around 10:00 am yesterday. An hour later, they were taken into the courtroom for the hearing. By 1:30 pm, they were transported back to prison.

As he was being put into the prison van, former State Minister Junaid Ahmed briefly spoke to reporters, saying, “Brother, we have to fight to survive...”

The tribunal has ordered a former MP from the Dhaka-7 constituency, Solaiman Selim, to be produced before the court on 20 April. He is currently under arrest in another case.

During the hearing, Chief Prosecutor Mohammad Tajul Islam informed the tribunal that Solaiman Selim was involved in committing atrocities in Old Dhaka during the mass uprising.

Senior Supreme Court lawyer ZI Khan Panna was present at the tribunal yesterday as the defence lawyer for the 16 accused. While presenting his arguments, he specifically mentioned the names of some of them. 

Addressing the tribunal, ZI Khan Panna stated that news of his death had circulated on social media that morning.

He also informed the court that he had been receiving threats through calls to his home. He urged the tribunal to take action regarding these threats. 

Referring to himself as someone who is “going against the flow,” ZI Khan Panna told the tribunal that he struggles to keep pace with power.

ZI Khan Panna addressed the tribunal as ‘Lordship’ during the hearing yesterday. However, he later spoke against the use of this term. Addressing the tribunal, he stated that people cannot be the masters of other people. 

In response, the tribunal clarified that they also do not favour the use of ‘Lordship’ or ‘My Lord’. They mentioned that there are many alternative ways to address the tribunal, including ‘Highness’, ‘Magistrate’, and ‘Your Honor’. The tribunal requested that these alternative terms be used instead.

Chief Prosecutor Tajul Islam spoke to reporters Tuesday afternoon after the tribunal’s hearing. When asked about the bail plea, he stated that the appeal will be heard on the scheduled date.

He expressed his belief that there is little chance of bail being granted before the trial concludes, though the tribunal has the authority to make a decision. However, he emphasised that the Chief Prosecution Office will oppose bail. 

In response to another question, Tajul Islam revealed that the accused had discussed eliminating the student population over the phone and shutting down all television channels. These conversations were recorded without their knowledge and later came into the hands of the prosecution.