The International Crimes Tribunal-1 on Monday concluded the hearing on charges against ousted prime minister and Awami League president Sheikh Hasina and his two associates over their alleged involvement in committing crimes against humanity across Bangladesh during the July鈥揂ugust 2024 mass uprising.
The two other accused are former home minister Asaduzzaman Khan and former inspector general of police Chowdhury Abdullah Al-Mamun.
The three-member tribunal of Justice Golam Mortuza Mozumder, Justice Md Shafiul Alam Mahmood and retired district judge Mohammad Mohitul Haque Anam Chawdhury set July 10 for delivering its order on whether Hasina, Asaduzzaman and Mamun will be charged for committing crimes against humanity.
Mamun was in the dock during Monday鈥檚 hearing. Hasina and Asaduzzaman are still in hiding.
This is for the first time the tribunal will pass an order on charges in a case filed for the atrocities committed during the student-led mass uprising in July-August 2024.
The tribunal is empowered to impose the death penalty or other punishments, depending on the severity of the crimes defined 3(a) of the International National Crimes (Tribunals) Act, 1973.
The crimes against humanity include murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment, abduction, confinement, torture, rape, sexual exploitation, enforced disappearance, human trafficking, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or other inhumane acts.
On July 2, the tribunal sentenced Hasina to six months in jail for contempt of court over a leaked phone call, made while in India, where she allegedly said, 鈥業 have had 227 cases filed against me, so I have a licence to kill 227 people.鈥�
State-appointed defence counsel Amir Hossain, representing both Hasina and Asaduzzaman, 聽argued for their discharge over the uprising case, calling the charges 鈥榩olitically motivated and out of the tribunal鈥檚 jurisdiction鈥�.
He mentioned that the incidents in question did not meet the legal threshold for crimes against humanity under the International Crimes (Tribunals) Act, 1973, as they stemmed from 鈥榩olitical conflict鈥� rather than war.
He said that the two tribunals were formed in 2009 by the Awami League regime to try 1971 war crimes suspects. After the August 5, 2024 fall of the Awami League regime, the interim government reconstituted the two tribunals and amended the International Crimes (Tribunals) Act 1973 on November 24, 2024 mainly to prosecute those responsible for the July鈥揂ugust 2024 atrocities.
Amir told the tribunal that Hasina did not order the crackdown on the protesters and there was no evidence that could link her to the killings during the mass uprising.
He emphasised that no documentary proof had been submitted by the prosecution implicating Hasina in planning or directing violence.
Referring to the killing of Begum Rokeya University student Abu Sayeed on July 16, Amir stated that Hasina was not in the country at that time.
鈥楽he returned later and met the victim鈥檚 family, offering financial support and expressing deep shock,鈥� he said.
He also rejected the charge related to the August 5 killings, arguing that Hasina had already left the country earlier that morning.
Addressing accusations that Hasina referred to protesters as 鈥榗hildren of Razakars,鈥� the defence said the remark was misrepresented and did not constitute incitement.
Amir further contended that the attempt to prosecute Hasina as a 鈥榮uperior commander鈥� was legally flawed, as there is no evidence she issued any orders for violence.
He also denied the prosecution鈥檚 claim that it had an audio conversation between Sheikh Hasina and Sheikh Fazle Noor Taposh while she had ordered to kill and eliminate the protesters.
鈥楾his case is an attempt to victimise her politically,鈥� he claimed.
Amir concluded his submission on the deposed prime minister by highlighting Hasina鈥檚 15-year tenure as prime minister and her role in Bangladesh鈥檚 development, asserting that her involvement in crimes against humanity was both implausible and unproven.
He described Asaduzzaman as a respectable man who always focused on national development.
Former IGP Mamun鈥檚 lawyer Jayed Bin Amjad on July 1 informed the tribunal that his client had instructed him not to file any discharge petition at this stage.
On July 1, the tribunal started the charge hearing and set July 7 for hearing the defence for Hasina and Asaduzzaman.
Chief prosecutor Mohammad Tajul Islam placed five charges before the tribunal with a prayer 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.
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.
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 such as Setu Bhaban, BTV, and the metro rail and 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.
The prosecutors said that the charges demonstrated that Hasina acted as the prime instigator and superior commander of the crackdown, which took place between July 1 and August 5, 2024.