UN withheld witness info for not repealing death penalty in ICT law: Prosecutor
The United Nations did not provide the identities of witnesses cited in its ‘fact-finding’ report because the International Crimes Tribunal Act still retains the death penalty, Prosecutor Gazi Monawar Hossain Tamim told the tribunal on Thursday.
The prosecutor made the statement during arguments in a case against seven fugitive leaders of the now-banned Awami League, including its General Secretary Obaidul Quader, over alleged crimes against humanity committed during the July mass uprising.
At one point in the arguments, Prosecutor Monawar said that between 14 July and 17 July, 2024, armed leaders and activists of the Chhatra League and Awami League attacked protesters upon the instructions of senior Awami League leaders. This matter came up in the UN report.
He stated that the references of all witnesses are provided in the UN ‘fact-finding’ report. The UN stated that it would provide the information of all eyewitnesses if the death penalty was removed from the law. For that reason, they (the prosecution) did not receive the UN witnesses. However, the prosecution is producing our own witnesses before the tribunal.
Following the fall of the Awami League government in the mass uprising, the Office of the High Commissioner for Human Rights (OHCHR) published a report analysing the events that occurred from 1 July to 15 August, 2024.
That ‘fact-finding’ report held top leaders of the then-ruling Awami League responsible for the atrocities and crimes against humanity committed during that time.
To compile that report, the UN ‘fact-finding’ team conducted investigations in eight cities; Dhaka, Chattogram, Rangpur, Rajshahi, Khulna, Bogura, Sylhet and Gazipur, in addition to Dhaka.
More than 230 interviews were conducted with individuals affected by the uprising and witnesses to the events for the report. Additionally, 36 more interviews were conducted with government, security force and political figures who were aware of the events of that time.
Prosecutor Monawar Hossain said the UN did not provide information on the witnesses because the death penalty had not been repealed from the tribunal's law. The UN has called for the abolition of the death penalty as a punishment for any crime.
The other accused in the case heard today, besides Obaidul Quader, are Awami League Joint General Secretary AFM Bahauddin Nasim, former State Minister for Information and Broadcasting Mohammad Ali Arafat, Jubo League Chairman Sheikh Fazle Shams Parash and General Secretary Mainul Hossain Khan and Chhatra League Central President Saddam Hossain and General Secretary Sheikh Wali Asif. All the accused in this case are fugitives.