July killings case: First verdict today

The verdict is being delivered today, Monday in the case filed against Sheikh Hasina over crimes against humanity committed during the July mass uprising.

Proceedings for announcing the verdict will be broadcast live from the courtroom of International Crimes Tribunal-1.

This is the first case related to killings and other crimes against humanity during the mass uprising whose verdict is being delivered today, Monday.

A three-member International Crimes Tribunal-1, headed by Justice Golam Mortuza Mojumdar, will deliver the verdict. The other two members of the tribunal are Justice Md Shafiul Alam Mahmud and Judge Md Mohitul Haque Enam Chowdhury.

During the hearing, the prosecution repeatedly argued that Sheikh Hasina was the mastermind, the issuer of orders, and the superior commander responsible for all crimes against humanity committed during the July mass uprising.

Along with Sheikh Hasina, who was ousted from power during the mass uprising, the other two accused in the case are former Home Minister Asaduzzaman Khan and former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun. Among the three, Sheikh Hasina and Asaduzzaman are absconding. Both are currently staying in India.

The only arrested accused in the case, Chowdhury Abdullah Al-Mamun, has confessed and given testimony in the tribunal as an “approver” or state witness. In his statement, he said that then–Prime Minister Sheikh Hasina had directly ordered the use of “lethal weapons” to suppress the anti-discrimination student movement. He received this order on 18 July last year through then–Home Minister Asaduzzaman Khan.

According to the investigation report, on Sheikh Hasina’s orders, lethal weapons were used to kill 1,500 innocent, unarmed students and civilians and injure 30,000 people in July–August 2024.

During closing arguments, the prosecution sought the maximum punishment—death penalty—for Sheikh Hasina and Asaduzzaman. They also requested that their properties be confiscated and transferred to the families of those killed in July and to the injured July fighters.

The prosecution also stated that former IGP Mamun has disclosed the full truth of the events as an approver, and the tribunal will issue the appropriate order in his regard. On the other hand, state-appointed defence lawyers have sought acquittal for Sheikh Hasina and Asaduzzaman.

A total of five charges have been brought against ousted prime minister Sheikh Hasina and two other accused in the case involving crimes against humanity committed during the July mass uprising.

The five charges are: delivering inciting speeches; ordering the use of lethal weapons to suppress and eliminate protesters; the shooting and killing of Abu Sayed, a student of Begum Rokeya University, Rangpur; the shooting and killing of six protesters in Dhaka’s Chankharpul area; burning six people to death in Ashulia.

At a briefing at the tribunal premises yesterday, Sunday, Prosecutor Gazi Monowar Hossain Tamim said they had been able to prove all five charges beyond reasonable doubt. In the interest of justice, the prosecution will accept whatever order the tribunal delivers.

He added that the portion of the judgment that the tribunal reads out will be broadcast live, subject to the tribunal’s permission.

Bangladesh Police’s National Central Bureau (NCB) had applied to the International Criminal Police Organisation (Interpol) for issuing a Red Notice against Sheikh Hasina.

Prosecutor Gazi Monowar said that if the tribunal convicts Sheikh Hasina, the prosecution will submit another request to Interpol for a “conviction warrant” to facilitate issuing a Red Notice.

At the briefing, Prosecutor Gazi Monowar said that if Sheikh Hasina and Asaduzzaman are sentenced, they cannot appeal because they are absconding. The tribunal law clearly states that an appeal must be filed within 30 days of the verdict. But to seek an appeal, a convicted accused must surrender. If law enforcement arrests them, they would then have the right to appeal.

A journalist asked whether the chief accused, being a woman, would receive any special legal privileges.

In response, Prosecutor Gazi Monowar said that under the Code of Criminal Procedure (CrPC), women, the sick, juveniles, boys, and children are given priority in matters of bail. But in handing down sentences, no separate privilege exists for women under general law or tribunal law. Therefore, whether the accused is a woman or a man, the punishment will depend on the gravity of the crime. If the charges are not proven, the accused will be acquitted.

Another journalist asked about Sheikh Hasina’s recent interviews, in which she said she did not order killings directly.

In reply, Prosecutor Gazi Monowar said Sheikh Hasina can present everything by appearing before the tribunal. Statements made without appearing carry no legal basis. Her voice recordings were played in open court and broadcast, and in those recordings she is heard giving the order for use of lethal weapons. No one in the world accused of crimes against humanity has ever admitted guilt.

On whether Sheikh Hasina is able to give interviews to various media outlets while staying in India, Prosecutor Gazi Monowar said the prosecution views this purely as a governmental and diplomatic matter. The prosecution is not taking her statements into account. The government will take action regarding her statements.

After the fall of the Awami League government on 5 August 2024 in the mass uprising, the International Crimes Tribunal was reconstituted. The first case in the reconstituted tribunal began on 17 October last year. On that day, the first “miscellaneous case” against Sheikh Hasina was filed. The tribunal also issued an arrest warrant against her that same day.

Initially, Sheikh Hasina was the lone accused in the case. Later, on 16 March this year, former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun was also made an accused alongside her. After several extensions, the tribunal’s investigation agency submitted its report to the Chief Prosecutor’s Office on 12 May this year.

Former home minister Asaduzzaman Khan’s name appeared for the first time in that investigation report (12 May). From that day, the case had three accused: Sheikh Hasina, Asaduzzaman Khan, and Chowdhury Abdullah Al-Mamun. On 1 June, the prosecution submitted the formal charge against all three.

With the filing of the formal charge, the “miscellaneous case” formally became a full-fledged case. On 10 July, the tribunal framed charges. On that same day, former IGP Mamun applied to become an “approver” (state witness).

On 3 August, Chief Prosecutor Mohammad Tajul Islam delivered his opening statement in the case, marking the formal start of the trial. The opening statement was broadcast live on television.

After the opening, the first witness testified: Khokon Chandra Barman, who had been critically injured during the July mass uprising. His testimony marked the official start of the trial proceedings against the three accused.

In total, 54 witnesses testified in the case, including Nahid Islam, convener of the National Citizen Party (NCP). Testimony concluded on 8 October. The arguments began on 12 October and ended on 23 October. On 13 November, the tribunal announced that the verdict would be delivered on 17 November (Monday).

From the filing of the “miscellaneous case” to the announcement of the verdict, the process has taken 397 days.

The International Crimes Tribunal began its journey on 25 March 2010 under the previous Awami League government, focusing primarily on prosecuting crimes against humanity committed during the Liberation War. To expedite trials, a second tribunal was formed on 22 March 2012.

So far, Tribunal-1 has delivered verdicts in 44 cases, and Tribunal-2 in 11. After the completion of all legal procedures, the death sentences of six top-tier convicts have been carried out for crimes against humanity committed during the Liberation War.

Five of them were senior leaders of Jamaat-e-Islami: former ameer Motiur Rahman Nizami, secretary general Ali Ahsan Muhammad Mujahid, assistant secretary general Abdul Quader Molla, Muhammad Kamaruzzaman, and central executive council member Mir Quasem Ali. Another, BNP standing committee member Salauddin Quader Chowdhury, was also executed.

After the fall of Sheikh Hasina’s government on 5 August 2024, the reconstituted tribunal has placed special emphasis on crimes against humanity committed during the July mass uprising, including killings. Besides this, enforced disappearances and killings during the Awami League’s decade-and-a-half rule are also receiving priority.

There are four cases against Sheikh Hasina in the International Crimes Tribunal on charges of crimes against humanity. Among them, the verdict in the case concerning crimes committed during the July mass uprising is being delivered today.

Another case concerns the killings and torture of Hefazat-e-Islam activists during the May 2013 Shapla Chattar operation in Motijheel and other areas across the country. Sheikh Hasina and 21 others have been accused in that case. The deadline for submitting the investigation report has been extended to 12 January.

In addition, in two cases relating to enforced disappearances during the Awami League’s 15-year rule, Sheikh Hasina and 28 others—including 23 former and current army officers—stand accused. The next hearing in both cases is scheduled for 23 November.

On 2 July, the International Crimes Tribunal-1 sentenced Sheikh Hasina to six months’ simple imprisonment in a contempt of court case. The trial began in April this year.

Earlier in the year, an audio recording had circulated online in which Sheikh Hasina was heard saying, “I have now received a licence to kill 226 people.” The prosecution argued that the comment attempted to obstruct the judicial process, leading them to file a contempt case. The tribunal subsequently sentenced her.