Awami League can be tried under laws it enacted itself: ICT chief prosecutor
Aminul said the legal framework already provides for the trial of organisations, including political parties, under both the International Crimes Tribunal Act, 1973, and the Anti-Terrorism Act, 2009
The Awami League can be tried as a political party for crimes against humanity under the laws enacted during its own time in government, International Crimes Tribunal (ICT) Chief Prosecutor Md Aminul Islam said today (5 July).
Speaking at a press briefing at his office, Aminul said the legal framework already provides for the trial of organisations, including political parties, under both the International Crimes Tribunal Act, 1973, and the Anti-Terrorism Act, 2009.
Responding to a question from journalists about a recent statement by Home Minister Salahuddin Ahmed on the trial of the Awami League as a party, the chief prosecutor said the relevant legal provisions were introduced by the Awami League itself.
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"The home minister spoke about the trial of the Awami League as a party during a memorial meeting on 4 July. I heard his statement the same way you did," he said.
He noted that the Awami League government enacted the International Crimes Tribunal Act in 1973 and established the tribunal in 2010 under that law to begin trials for crimes against humanity.
"In 2013, Sheikh Hasina's government amended the law and added the word 'organisation'. The Anti-Terrorism Act, enacted in 2009, also contains provisions for trying an organisation alongside an individual. It states that if an organisation commits an offence, it can be prosecuted under that law," he said.
Referring to the ban on Bangladesh Jamaat-e-Islami, Aminul said the Awami League government imposed the ban on 1 August 2024 under Section 18 of the Anti-Terrorism Act.
"It was the Awami League that enacted these laws. No other government introduced them. The provisions relating to the banning of political parties and the trial of organisations were enacted or amended by the Awami League while it was in power," he said.
"The ongoing crimes against humanity trials are being conducted under the International Crimes Tribunal Act, 1973. Therefore, the trial of the Awami League as a party will also proceed under these laws," he added.
The chief prosecutor said that after assuming office in 2009, the Awami League established "a fascist state" and suppressed political activities and public freedoms.
He further stated that leaders and activists of the Awami League and its affiliated organisations, including the Jubo League and Chhatra League, were involved in incidents that caused casualties during the July-August mass uprising in 2024.
"Allegations against members of the Awami League, Jubo League, and Chhatra League are being investigated by our investigation agency. There is also scope to investigate offences separately under the Anti-Terrorism Act," he said.
"If the investigations produce a report establishing primary allegations against the Awami League as a party, there is scope to take the necessary legal action," he added.
