The International Crimes Tribunal-1 on Thursday set July 14 to give a decision whether charges of crimes against humanity would be framed against former Dhaka Metropolitan Police commissioner Habibur Rahman and seven of his subordinate officials in the case of killing six protesters during the July-August mass uprising at Chankharpool in Dhaka.
The tribunal, led by Justice Golam Mortuza Mozumder, set the date after hearing arguments from defence lawyers representing four detained officers and a state-appointed lawyer for the four absconding policemen.
Besides Habibur, the other accused include former DMP joint commissioner Sudip Kumar Chakraborty, former Ramna assistant deputy commissioner Shah Alam Md Akhterul Islam, former Ramna assistant commissioner Mohammad Imrul, Shahbagh police station inspector (operation) Ashrad Hossain, and suspended constables Sujan Hossain, Imaz Hossain Imon and Nasirul Islam.
Of the accused, Sudip, Arshad, Imaz and Sujan are now detained and were present in the dock.
The remaining four, who are still in hiding, were represented by state-appointed lawyer Kutubuddin.
Lawyers ABM Shiblee Sadekin, Saddam Hossain Avi, and Sifat Mahmud defended the detained accused.
The six victims killed at Chankharpool were Shahriar Khan Anas, a class-10 student who left behind a poignant letter to his mother, Sheikh Mahadi Hasan Zunayed, better known as Mostakin, Mohammad Yakib, Md Rakib Hawlader, Mohammad Ismail Haque, and Manik Mia who is also known as Saharik Chowdhury.
The former DMP chief Habibur Rahman and his officers allegedly ordered, abetted, and facilitated the killings while the constables carried out the shootings that left six people dead during a protest on August 5, 2024.
Accused Sujan Hossain鈥檚 lawyer Sifat Mahmud argued that the subordinate police officers were merely following orders from senior officials, as required by the Police Regulations.
He claimed that the on-duty police officers acted in accordance with Police Regulations to protect lives and public property during the uprising.
The responsibilities lay with former commissioner Habibur Rahman and the then joint commissioner Sudip Kumar Chakraborty, the defence lawyer submitted.
He claimed that senior police officers, during a visit to Shahbagh police station, ordered a crackdown on student protesters as per instructions from their higher authorities.
He claimed that Sudip had hurled abusive words at officers for delaying the crackdown.
The defence lawyer further argued that the incident did not meet the legal threshold of crimes against humanity under the Rome Statute, as it was not part of a widespread and systematic attack on civilians.
Sifat Mahmud argued that police officers cannot be charged for the July鈥揂ugust 2024 violence, as the original International Crimes (Tribunals) Act of 1973 did not include members of disciplined forces as perpetrators, and the government only amended the law in October 2024 to retroactively bring law enforcers under its jurisdiction.
In response, the tribunal questioned whether the defence was challenging its jurisdiction.聽
No officer or subordinate is obliged to carry out illegal orders, the tribunal observed.
It reminded the defence that these legal issues could be raised during the trial if charges were framed.
On July 1, chief prosecutor Mohammad Tajul Islam completed the hearing on the Chankharpool charges and prayed for framing charges against all eight policemen to start their trial.
On May 24, the prosecution filed formal charges against the eight police personnel.
This was the first case brought under the tribunal鈥檚 new jurisdiction of trying the July mass uprising perpetrators following its reconstitution by the interim government that assumed office on August 8, 2024 after the ouster of the Sheikh Hasina regime amid a student-led uprising.
Formal charges against Hasina, former home minister Asaduzzaman Khan and former inspector general of police Chowdhury Abduallah Al Mamun were pressed on June 1 for their commanding and superior responsibility for the countrywide widespread and systematic attacks on innocent citizens during the mass uprising.
Though Hasina, Asaduzzaman, and Mamun have been named conspirators and planners behind the Chankharpool killings, they have not been included in this particular case.
聽The tribunal has listed 43 witnesses in the case, including Asif Mahmud Shojib Bhuyain, adviser for the ministry of local government, rural development and cooperatives, who was also a co-coordinator of the protest movement.
According to the investigators, Asif led a procession at Chankharpool on August 5, aiming to join a larger rally at the Central Shaheed Minar demanding the resignation of Sheikh Hasina.
The investigation report, submitted by deputy director Mohammad Monirul Islam of the tribunal鈥檚 investigation agency in April, includes video evidence and witness testimony implicating Armed Police Battalion member Md Sujan Hossain that he directly opened fire on protesters near Borhanuddin College.
The prosecutors said that Sujan opened fire from multiple positions under direct orders from his superior officers.
The charge sheet also said that police took no action to prevent 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 鈥� just hours after Sheikh Hasina reportedly labelled the protesters as 鈥榮ons and grandsons of Razakars鈥�.
Similarly, no preventive steps were taken during the 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.
According to the prosecution, at least 1,400 people were killed and more than 25,000 received bullet injuries during the nationwide movement.
