UN withheld July Uprising witnesses’ identities over ICT law’s death penalty provision: Prosecution
Prosecutor says OHCHR may share witness information if Bangladesh removes capital punishment from tribunal law.
Highlights
- Prosecution links disclosure to Bangladesh's death penalty
- OHCHR may share information if capital punishment removed
- Prosecutor cites UN report on July uprising violence
The prosecution told the International Crimes Tribunal (ICT) today (6 August) that the United Nations has refused to disclose the identities of eyewitnesses cited in its fact-finding report on human rights violations during the July 2024 Uprising because Bangladesh's International Crimes (Tribunals) Act, 1973, retains the death penalty.
The submission came today, the second day of closing arguments before ICT-2 in the crimes against humanity case against banned Awami League General Secretary Obaidul Quader and six other leaders of the party and its affiliated organisations.
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Prosecutor Gazi Monawar Hossain Tamim told the tribunal that the prosecution had been unable to obtain the identities of the witnesses cited in the UN report because the organisation opposes capital punishment.
"Since the law still provides for the death penalty, we could not obtain the identities of the eyewitnesses mentioned in the UN report," Tamim said, adding that the prosecution had instead produced its own eyewitnesses before the court.
He further told the tribunal that the Office of the UN High Commissioner for Human Rights (OHCHR) had indicated it might provide information on the eyewitnesses cited in its fact-finding report if the death penalty provision is removed from the International Crimes (Tribunals) Act.
Referring to the OHCHR's fact-finding report during his arguments, Tamim said it found that between 14 and 17 July 2024, armed activists of the now-banned Chhatra League and Awami League attacked protesters on the instructions of the party's top leaders.
Speaking to reporters after the hearing, Tamim said the UN generally does not disclose witnesses' identities for security reasons, but added that the prosecution believes Bangladesh's retention of the death penalty is also a factor.
Besides Obaidul Quader, the other accused are Awami League Joint General Secretary AFM Bahauddin Nasim, former State Minister for Information and Broadcasting Mohammad Ali Arafat, Jubo League Chairman Sheikh Fazle Shams Parash, its General Secretary Mainul Hossain Khan Nikhil, Bangladesh Chhatra League President Saddam Hossain and General Secretary Sheikh Wali Asif Inan.
During yesterday's hearing, the prosecution also submitted a phone call recording as key evidence. It alleged that on 11 July 2024, then Road Transport and Bridges Minister Obaidul Quader called Saddam Hossain and Wali Asif Inan and instructed them to attack the protesting students.
According to the prosecution, the recording captures Quader telling Saddam, "Why aren't you beating them?" Saddam replies, "The police have told us not to confront them." The prosecution argued that Quader's remarks emboldened Chhatra League activists to attack the protesters.
