The prosecution of the International Crimes Tribunal on Sunday pressed charges against deposed prime minister Sheikh Hasina, former home minister Asaduzzaman Khan, and former inspector general of police Chowdhury Abdullah Al Mamun for their alleged involvement in crimes against humanity committed during the July鈥揂ugust mass uprising.
A three-judge tribunal comprising Justice Golam Mortuza Mozumder, Justice Md Shofiul Alam Mahmood, and retired district judge Mohammad Mohitul Haque Anam Chawdhury took cognisance of five charges against Hasina, also Awami League president, home minister of her cabinet and the then IGP.
The charges include abetment, instigation, facilitation, conspiracy, and superior responsibility for the crackdown on unarmed demonstrators during the mass uprising.
The court also issued fresh arrest warrants against Hasina and Asaduzzaman, and directed the IGP to take necessary steps to arrest the absconding accused.
The court set June 16 for the appearance of the absconding accused Hasina and Asaduzzaman, and the production of Mamun, who remains in custody.
Chief prosecutor Mohammad Tajul Islam presented some excerpts of the 135-page charge sheet against the trio during a two-hour hearing.
Tajul鈥檚 opening statement underscored the alleged irregularities during the rule of the country鈥檚 founding president Sheikh Mujibur Rahman.
His statement also highlighted Sheikh Hasina鈥檚 17-year rule as an autocratic regime marked by killings, enforced disappearances, and political persecution, the conditions that ultimately triggered her ouster amid a mass uprising.
The proceeding was broadcast live on state-run Bangladesh Television between 12:10pm and 2:00pm, for the first time since the establishment of the tribunal in 2009 during the Awami League regime to try those who committed crimes against humanity during the country鈥檚 liberation war in 1971.
This is the first formal charge against Sheikh Hasina and the second case under the reconstituted tribunal by the interim government of professor Mohammad Yunus.
Hasina鈥檚 name has appeared in hundreds of complaints over enforced disappearances, extrajudicial killings, and other serious violations committed during her 15-year rule, now pending with the ICT for investigation, according to the prosecutors.
The chief prosecutor argued that the Awami League, along with its affiliated bodies, and the 14-party alliance, collectively perpetrated crimes against humanity and should be declared criminal organisations.
The chargesheet identifies Sheikh Hasina as the leader of the alliance.
The prosecutors have sought the death penalty or any other punishment under the law for Hasina, Asaduzzaman, and Mamun for their alleged roles in the atrocities.
The first charge alleged that Sheikh Hasina鈥檚 provocative remarks at a July 14, 2024 press conference at Ganabhaban and the subsequent actions and involvement of Asaduzzaman, Chowdhury Abdullah Al Mamun, senior officials, and subordinates including law enforcement agency officials and armed Awami League cadres amounted to abetment, incitement, facilitation, complicity, conspiracy and failure to prevent widespread and systematic attacks on unarmed students and civilians and conspiracy, and such crimes were committed with their common knowledge.
The second charge alleged that Sheikh Hasina ordered the extermination of demonstrators using helicopters, drones, and lethal weapons against student-led civilians, while co-accused Asaduzzaman and Mamun committed crimes against humanity by conspiring, facilitating, and executing the July鈥揂ugust atrocities in furtherance of her directive.
The third charge accused Sheikh Hasina, Asaduzzaman, and Mamun of committing crimes against humanity by ordering, abetting, inciting, and conspiring in the killing of unarmed Begum Rokeya University student Abu Sayeed, who was shot in the chest in front of the campus during the July 16, 2024 protest.
The fourth charge accuses Sheikh Hasina, Asaduzzaman Khan, and Chowdhury Abdullah Al Mamun of committing crimes against humanity over the killing of six demonstrators by law enforcement at Chankharpool on August 5, 2024, an act the prosecutors say was part of a systematic crackdown incited by Hasina鈥檚 public call to use lethal force against protesters.
The fifth charge alleges that Hasina, Asaduzzamna and Mamun committed crimes against humanity by killing unarmed six students and people, five of them were burnt after shooting to death and one injured protester was burnt alive, in front of Ashulia police station at Savar on August 5, 2024 and trying to hide the bodies by a pickup van. All the six victims were burnt by dousing them with petrol, the chargesheet added.
According to the charge sheet, Hasina has been named as the prime accused and designated the 鈥榠nstigator and superior commander鈥� who orchestrated and oversaw the state-led crackdown between July 1, 2024 and August 5, 2024, the day when the Awami League regime was ousted from power and the deposed prime minister Sheikh Hasina fled to India.
The Investigation Agency submitted their probe repot against Hasina, Asaduzzaman and Mamun to the ICT chief prosecutor鈥檚 office on May 12.
This marks the first time Hasina has been formally charged in connection with the 2024 protests, which left at least 1,400 people dead and over 25,000 wounded, most from gunfire.
The investigation was initiated following a formal complaint lodged with the tribunal on August 14, 2024.
The charge sheet also said that Hasina, Asaduzzman and Mamun took no action to prevent the attacks carried out by Awami League activists and affiliated groups against the peaceful protests of the Student Movement Against Discrimination on the Dhaka University campus on July 14, hours after Sheikh Hasina labelled the protesters as 鈥榮ons and grandsons of Razakars鈥�.
Similarly, no preventive steps were taken during coordinated processions held at 16 key points across the capital on July 16.
Instead, on the reported instructions of the then DMP commissioner Habibur Rahman, subordinate officers allegedly aided and facilitated the attacks by Awami League supporters, while deliberately refraining from intervening to protect the demonstrators.
Hasina and her associates have been charged under Sections 3(2)(a), 3(2)(g), 3(2)(h), 4(1), 4(2), and 4(3) of the International Crimes (Tribunals) Act, 1973.
According to Section 3(2)(a) of the International Crimes (Tribunals) Act, 1973, crimes against humanity include inhumane acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. This also covers persecution on political grounds, and extends to attempts, abetment, conspiracy, or incitement to commit such crimes.
According to section 3(2)(g), any attempt, abetment, conspiracy, or incitement to commit crimes under the Tribunal鈥檚 jurisdiction will lead to individual criminal responsibility.
Under Section 3(2)(h), individuals may also be held liable for complicity in, or failure to prevent, the commission of such crimes.
Section 4(2) stipulates that any person鈥攚hether an individual, part of a group, or a member of a disciplined force, auxiliary force, or intelligence agency鈥攕hall bear criminal responsibility and be liable to punishment for crimes under the tribunal鈥檚 jurisdiction if proven culpable.
Moreover, Section 4(3) holds any commander, superior officer, or leader criminally responsible if they order, permit, acquiesce, incite, or participate in the commission of crimes listed under Section 3, or are associated with any plan relating to such crimes.
Upon conviction, the ICT is empowered to impose the death penalty or any other punishment it deems just and proportionate to the gravity of the crime committed.
