The International Crimes Tribunal-1 on Tuesday began the charge hearing against ousted prime minister Sheikh Hasina and her two co-accused in a case of crimes against humanity committed across the country during the July鈥揂ugust 2024 mass uprising.
The two co-accused of Hasina are former home minister Asaduzzaman Khan and former inspector general of police Chowdhury Abdullah Al-Mamun.
Chief prosecutor Mohammad Tajul Islam placed five charges before the three-member tribunal comprising Justice Golam Mortuza Mozumder, Justice Md Shafiul Alam Mahmood and retired district judge Md Mohitul Haque Anan Chowdhury.
Tajul prayed to the tribunal to frame charges against Hasina, Asaduzzaman and Mamun under the International Crimes (Tribunals) Act 1973 to initiate the first-ever trial in a case related to the July uprising.
Mamun was in the dock. Hasina and Asaduzzaman are in hiding.
After the chief prosecutor鈥檚 submission, state-appointed defence lawyer Amir Hossain, representing Hasina and Asaduzzaman, requested the tribunal to adjourn the hearing for 15 days for taking preparations to place his submission.
The tribunal granted time and adjourned the hearing until July 7 for the defence to present its rebuttal.
The hour-long hearing on Tuesday was broadcast live by state-run Bangladesh Television. The judges and the bench officers were not shown during the live broadcast.
Former IGP Mamun鈥檚 lawyer Jayed Bin Amjad informed the tribunal that his client had instructed him not to file any discharge petition at this stage.
After Tuesday鈥檚 hearing, Amir Hossain told reporters that the five charges against Hasina and Asaduzzaman were not accurate.
This is the first formal charge against Hasina over the July uprising. She is facing another case with the tribunal on charges of contempt of court.
According to the prosecutors, Hasina鈥檚 name has been mentioned in hundreds of complaints related to enforced disappearances, extrajudicial killings, and other serious human rights violations that happened during her 15-year rule.
These complaints are currently under investigation by the tribunal.
The tribunal was formed in 2009 by the Awami League regime to try 1971 war crimes suspects. After聽 the August 5, 2024 fall of the Awami League regime, the interim government reconstituted the tribunal mainly to prosecute those responsible for the July鈥揂ugust 2024 atrocities.
In his Tuesday submission, Tajul said that Hasina, her two co-accused, cabinet members, lawmakers, and leaders of Awami League鈥檚 affiliated organisations, including Juba League and Chhatra League, were involved in coordinated attacks on unarmed civilians.
These incidents were widely reported in local and international media and are well known at home and abroad.
He added that international organisations, including the United Nations, had documented many of these crimes and the tribunal, under section 19(3) of the ICT Act, might take judicial notice of such widely known and established facts.
The specific legal provisions cited by the prosecution outline individual and superior responsibility for crimes against humanity, including abetment, conspiracy, incitement, and failure to prevent such acts.
If convicted, the tribunal may impose the death penalty or any punishment it considers proportionate to the gravity of the crimes committed.
The first charge alleged that Hasina鈥檚 provocative speech at a July 14, 2024 press conference at Ganabhaban incited widespread and systematic attacks on unarmed students and civilians.
Co-accused Asaduzzaman Khan and Chowdhury Abdullah Al-Mamun, along with other state actors and Awami League activists, are accused of abetting, conspiring, and facilitating the violence.
The second charge accused Hasina of ordering the extermination of demonstrators using helicopters, drones, and lethal weapons. Asaduzzaman and Mamun are accused of aiding and executing this directive.
The third charge relates to the killing of unarmed student Abu Sayeed of Begum Rokeya University, who was shot in the chest during a July 16 protest. The prosecution claims that this killing was carried out under direct orders or encouragement from the accused.
The fourth charge relates to the killings of six protesters at Chankharpool on August 5, allegedly as part of a state-led crackdown incited by Hasina鈥檚 public call to use lethal force.
The fifth charge accuses the three of killing six people near Ashulia police station on August 5. Five victims were shot and burned, and one injured protester was burned alive. Their bodies were allegedly hidden in a pickup van after being doused with petrol.
When asked why the murder of Abu Sayeed, the six killings at Chankharpool, and the six deaths at Ashulia were included in the case against Sheikh Hasina, Asaduzzaman Khan, and the former IGP, chief prosecutor Tajul Islam explained that field-level law enforcers and Awami League leaders were accused in those individual cases for their direct participation and facilitation of the crimes.
Tajul said that Hasina, Asaduzzaman, and the former IGP were not named as direct accused in those specific cases, but were charged in the July uprising case for their superior responsibility鈥攁s those incidents were part of the wider pattern of crimes committed across the country.
The Investigation Agency submitted its report against Hasina, Asaduzzaman, and Mamun to the chief prosecutor鈥檚 office on May 12.
The charge sheet stated that more than 1,500 people were killed and 25,000 others injured during the crackdown, where lethal weapons and helicopters were used.
Drones were also deployed to locate protesters, mainly students, who were then tortured and detained.
It also said that a total of 3,05,311 rounds of bullets were used across the country, including 95,313 rounds in the capital alone.
The charge sheet cited telephonic conversations of Sheikh Hasina as evidence, which allegedly revealed her conspiracy and planning. She is accused of directing party cadres to attack and set fire to key installations鈥攕uch as Setu Bhaban, BTV, and the metro rail鈥攁nd then falsely blaming the student protesters to discredit the movement.
As the prime minister and leader of the 14-party alliance at the time, Hasina is accused of holding superior command responsibility.
She allegedly planned and ordered the attacks, which were executed under the direction of the then home minister Asaduzzaman and carried out by the police under the command of then IGP Chowdhury Abdullah Al-Mamun.
Prosecutors said the charges demonstrate that Hasina acted as the prime instigator and superior commander of the crackdown, which took place between July 1 and August 5, 2024.
