The International Crimes Tribunal-1 has sentenced Sheikh Hasina to death for crimes against humanity committed during the July uprising.
Former Home Minister Asaduzzaman Khan has also been sentenced to death while, another accused, former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun, has been sentenced to five years’ imprisonment.
The three-member International Crimes Tribunal-1, headed by Justice Golam Mortuza Mojumdar, delivered the verdict in a packed courtroom. The other members of the tribunal are Justice Md Shofiul Alam Mahmood and Judge Md Mohitul Haque Enam Chowdhury.
The reading of the verdict began at 12:30 pm and concluded at 2:54 pm with the pronouncement of the sentences.
This is the first case filed with the tribunal over killings and other crimes against humanity committed during the July uprising to reach a verdict. The proceedings were broadcast live from the ICT-1 courtroom.
Among the three accused in the case, Sheikh Hasina and Asaduzzaman are absconding. Both are currently in India.
The only accused in custody under the case, Chowdhury Abdullah Al-Mamun, confessed to his guilt and gave testimony as an ‘approver’, or state witness, before the tribunal.
During the hearings, the prosecution repeatedly argued that Sheikh Hasina had been the mastermind, issuer of orders, and superior commander responsible for all forms of crimes against humanity committed during the July uprising.
In his statement, Chowdhury Abdullah Al-Mamun said that to suppress the anti-discrimination student movement, then Prime Minister Sheikh Hasina had directly ordered the use of ‘lethal weapons’. He said he received this instruction from then Home Minister Asaduzzaman Khan on 18 July last year.
According to the investigation report of the case, under Sheikh Hasina’s orders, lethal weapons were used during July and August in 2024 to kill 1,500 innocent, unarmed students and civilians, and injure 30,000 others.
While presenting arguments, the prosecution had sought the maximum punishment, death sentence, for Sheikh Hasina and Asaduzzaman. The prosecution had also appealed that their (accused) properties be confiscated and transferred to the families of those martyred in July, as well as to the injured July fighters.
In addition, the prosecution had stated that former IGP Chowdhury Abdullah Al-Mamun, as an approver, has disclosed the full truth of the events, and that the tribunal would issue an appropriate order in his regard.
The five charges
Total five charges were brought in the case against the three accused including Sheikh Hasina. The charges are: delivering inciting speeches; ordering the use of lethal weapons to suppress and eliminate protesters; shooting and killing Abu Sayed, a student of Begum Rokeya University in Rangpur; shooting and killing six protesters in Dhaka’s Chankharpul area; and burning six people to death in Ashulia.
From ‘miscase’ to verdict
After the fall of the Awami League government on 5 August 2024 in the face of the mass uprising, the International Crimes Tribunal was reconstituted.
The proceedings of the first case in the reconstituted tribunal began on 17 October last year. On that day, the first case (a miscellaneous case or miscase) was filed against Sheikh Hasina. The tribunal also issued an arrest warrant for Sheikh Hasina on the same day.
Initially, Sheikh Hasina was the sole accused in the case. Later, on 16 March this year, former IGP Chowdhury Abdullah Al-Mamun was also made an accused alongside her.
After several extensions, the tribunal’s investigation agency submitted the investigation report to the Office of the Chief Prosecutor on 12 May this year.
In that investigation report (12 May), the name of former Home Minister Asaduzzaman Khan appeared for the first time as an accused. From that day onwards, the case had three accused: Sheikh Hasina, Asaduzzaman Khan, and Chowdhury Abdullah Al-Mamun.
On 1 June, the prosecution submitted formal charge against the three accused at the tribunal.
With the filing of the formal charge, the ‘miscase’ was formally converted into a criminal case. On 10 July, the tribunal framed the formal charges. On the same day (10 July), former IGP Mamun applied to become an approver (state witness).
On 3 August, Chief Prosecutor Mohammad Tajul Islam delivered the opening statement in the case, marking the formal start of the trial. The opening statement was broadcast live on television.
Following the opening statement, Khokon Chandra Barman, who had been seriously injured during the July uprising, gave testimony as the first witness. His testimony formally commenced the trial against the three accused, including Sheikh Hasina.
A total of 54 witnesses gave testimony in the case, including Nahid Islam, convenor of the National Citizen Party (NCP).
Testimony concluded on 8 October. Then the closing arguments began on 12 October and concluded on 23 October. Finally on 13 November, the tribunal announced that the verdict would be delivered on 17 November (today).
From the filing of the ‘miscase’ to the delivery of the verdict, the process took 397 days.
Tribunal launched in 2010
The International Crimes Tribunal was established on 25 March 2010 during the previous Awami League government’s regime. The tribunal prioritised the prosecution of crimes against humanity committed during the Liberation War. To make the judicial process more dynamic, the former government set up a second tribunal on 22 March 2012.
So far the death sentences of six top-level convicts for crimes against humanity committed during the Liberation War have been carried out after all legal procedures were completed following the tribunal’s verdicts. Five of them were senior leaders of Jamaat-e-Islami at the time.
The list includes the party’s former ameer Motiur Rahman Nizami, secretary general Ali Ahsan Muhammad Mujahid, assistant secretaries general Abdul Quader Mollah and Muhammad Kamaruzzaman along with central executive council member Mir Quasem Ali.
In addition, the death sentence of Salahuddin Quader Chowdhury, then a member of the BNP’s Standing Committee, was also carried out for crimes against humanity.
Following the fall of Awami League government headed by Sheikh Hasina on 5 August 2024, the reconstituted tribunal has placed the greatest emphasis on the prosecution of murders and other crimes against humanity committed during the July mass uprising.
Alongside this, the tribunal is also prioritising cases of crimes against humanity concerning enforced disappearances and killings that occurred during the Awami League’s years in power.
Four cases against Hasina in the tribunal
A total of four cases have been filed against Sheikh Hasina at the International Crimes Tribunal for crimes against humanity. Among them, the verdict in the case concerning crimes against humanity committed during the July mass uprising has been delivered today.
In addition, 21 people including Sheikh Hasina have been charged in another case over the killing and torture of leaders and activists of Hefazat-e-Islam in May 2013 at Shapla Chattar in Motijheel area of Dhaka and other parts of the country. The deadline for submitting the investigation report in this case has been extended to 12 January.
Meanwhile, 28 people including Sheikh Hasina have been named as accused in two separate cases concerning crimes against humanity committed through enforced disappearances during the Awami League’s fifteen-and-a-half-year rule. There are 23 former and serving army officers among those accused in this case. The next hearing of these two cases is scheduled for 23 November.