First investigation report on July killings submitted, 8 accused

Six people were shot dead in Chankharpool in the capital on 5 August 2024, before Sheikh Hasina fled the country amid a massive student and public uprising.

The investigation agency of the International Crimes Tribunal (ICT) has now finalised its report on the incident, naming eight people, including former Dhaka Metropolitan Police (DMP) Commissioner Habibur Rahman, as accused in the case.

All of the accused are former members of the police.

This is the first investigation report completed by the tribunal’s agency concerning charges of murder, genocide, and crimes against humanity committed during the July mass uprising.

According to the Chief Prosecutor’s Office of the International Crimes Tribunal, the investigation took six months and 13 days to complete. The final report is 90 pages long and includes statements from 79 witnesses. It also incorporates 19 videos, two audio recordings, 11 newspaper reports, and six death certificates as evidence.

Additionally, the fact-finding report by the Office of the United Nations High Commissioner for Human Rights (OHCHR) on the July massacre has been appended to the main report.

The eight individuals named in the report are former DMP Commissioner Habibur Rahman, former Joint Commissioner Sudip Kumar Chakraborty, former Additional Deputy Commissioner of Ramna region Shah Alam Md Akhtarul Islam, former Assistant Commissioner of Ramna region Mohammad Imrul, former Inspector of Shahbagh police station Md Arshad Hossain, and constables Md Sujan Hossain, Imaz Hossain, and Md Nasirul Islam. The last four are currently in jail, while the others remain absconding.

The summary of the investigation report states that during the uprising, the accused used lethal weapons against unarmed and peaceful protesters in the Chankharpool area. As a result, Shahriar Khan Anas, Sheikh Mahdi Hasan Junaid, Md Yakub, Md Rakib Howlader, Md Ismamul Haque, and Manik Mia were shot and martyred.

The report concludes that there is prima facie evidence that the absconding former DMP Commissioner Habibur Rahman and the other accused committed crimes against humanity.

According to tribunal procedure, the investigation agency must first submit its report to the Chief Prosecutor’s Office. The Chief Prosecutor then reviews the report and files formal charges with the tribunal.

The investigation agency submitted its report on the Chankharpool killings to the Chief Prosecutor’s Office last Sunday. However, the matter was officially disclosed to journalists on Monday by Chief Prosecutor Mohammad Tajul Islam.

He stated that based on this report, a formal complaint is being prepared and will be submitted to the tribunal within a few days. Once the complaint is submitted, the formal trial process will begin.

Tajul Islam also mentioned that the investigation report on the case of bodies burned in Ashulia during the mass uprising is expected to be received by the prosecution within the next week.

After the formal complaint is filed, newspaper advertisements will be published summoning the absconding accused to appear before the tribunal. The tribunal will allow them 15 days to present themselves. If they fail to appear within that period, the state will appoint a ‘state defense lawyer’ on their behalf, and the formal trial will proceed.

Commenting on the inclusion of two audio recordings in the investigation report, Chief Prosecutor Mohammad Tajul Islam said that one of the audios is a recorded phone call involving ousted Prime Minister Sheikh Hasina. In the call, she is heard instructing police to use deadly force against the protesters.

According to the Chief Prosecutor, following Sheikh Hasina’s directive, former DMP Commissioner Habibur Rahman relayed the order to police personnel via wireless communication, instructing them to open fire on the protesters using Chinese rifles. This second audio, containing the transmission of the order, has also been verified and submitted as evidence in the case.

The Chief Prosecutor said that among the accused in the Chankharpool case, those at the field level fired directly on protesters using lethal weapons such as rifles.

He stated that, acting on the instructions of former DMP Commissioner Habibur Rahman, former officers Sudip Kumar Chakraborty and Akhtarul Islam were present at the scene and gave the order to open fire. Video evidence of this has been submitted, he added.

Tajul Islam further said that Habibur Rahman relayed the order to “fire CR” (fire with China rifles) via wireless communication from the police command centre. According to the prosecutor, this instruction originated from the then Prime Minister, Sheikh Hasina.

He said this chain of command proves the concept of “command responsibility” - holding those who gave the orders accountable for the resulting crimes.

In response to a question from journalists, Chief Prosecutor Mohammad Tajul Islam said that Sheikh Hasina’s name will be included in the description of all crimes - ranging from the murders and massacres committed during the July uprising to the disappearances and killings carried out during the past 15 and a half years of Awami League rule. Her name will also appear in the details of the Chankharpool killings case. She will be identified under the principle of “superior responsibility,” as the person whose direct orders led to the commission of widespread and systematic crimes.

The Chief Prosecutor added that the tribunal proceedings are focusing on both the “top commanders” and the perpetrators directly involved.

He stated that prosecuting all police personnel would neither be realistic nor just. Only those responsible for crimes against humanity - whether through direct action or command responsibility - are being brought to trial.