International Crimes Tribunal expands as cases from July uprising pile up 

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Tribunal at a glance

• 62 people sentenced across six cases, including former prime minister Sheikh Hasina, former home minister Asaduzzaman Khan Kamal, JSD president Hasanul Haq Inu, former IGP Chowdhury Abdullah Al-Mamun and former DMP commissioner Habibur Rahman.
• 58 cases are currently ongoing, involving 394 accused; 147 are in custody.
• 20 cases are at the evidence-taking or charge-framing stage, while one case is awaiting verdict.
• The Awami League is also under investigation as a political organisation over allegations of crimes against humanity.

In March 2010, the government led by then prime minister Sheikh Hasina established the International Crimes Tribunal to prosecute crimes against humanity committed during the 1971 Liberation War. Nearly 15 years later, the same tribunal has sentenced Sheikh Hasina to death in a case involving crimes against humanity committed during the July killings.

In the first case involving crimes against humanity committed during the July 2024 uprising, the International Crimes Tribunal sentenced Sheikh Hasina to death on 17 November last year. Her former home minister, Asaduzzaman Khan Kamal, was also sentenced to death. Former inspector general of police Chowdhury Abdullah Al-Mamun, who turned state witness, was sentenced to five years in prison.

In the nearly two years since the July uprising, the International Crimes Tribunal has delivered verdicts in six cases involving crimes against humanity. Twenty cases are currently pending before the two tribunals. Investigations are ongoing into 38 allegations, while more than 50 additional complaints have been selected for investigation.

Beyond these, several hundred complaints have been submitted to the tribunal's prosecution office. The number of cases before the tribunal is therefore expected to continue rising. According to prosecution officials, it takes several months to conclude a single case. As the caseload grows, those waiting for verdicts are likely to face longer delays.

Families of those killed in July, injured July protesters and other victims, meanwhile, are demanding speedy trials. Officials involved in the proceedings say the number of tribunals should be increased in line with the caseload to ensure faster justice. Both the current and former chief prosecutors have expressed the same view.

Home Minister Salahuddin Ahmed told parliament during a question-and-answer session on 14 July that, if necessary, the number of tribunals, prosecutors, investigators and logistical support would be increased to ensure speedy trials.

According to a UNHCR report, an estimated 1,400 people were killed and several thousand students and members of the public were injured during the anti-discrimination student movement and mass uprising of July-August 2024. The Awami League government fell on 5 August that year following the mass uprising.

To prosecute crimes against humanity committed during the July killings and other incidents during that period, the then interim government reconstituted the International Crimes Tribunal on 14 October 2024 with Justice Md Golam Mortuza Majumdar as its chairman and two other members. As pressure grew to expedite trials and deal with the rising number of cases, Tribunal-2 was formed on 8 May last year under the leadership of Justice Nazrul Islam Chowdhury.

In addition to cases involving crimes against humanity during the July mass uprising, the tribunals are also hearing cases relating to enforced disappearances, killings and torture committed during the 15 years of the ousted Awami League government.

So far, each tribunal has delivered three verdicts, making six cases in total. Sixty-two people, including ousted prime minister Sheikh Hasina, have been sentenced in these cases.

The first verdict was delivered on 17 November last year. In the case concerning killings across the country during July-August, Tribunal-1 sentenced Sheikh Hasina and former home minister Asaduzzaman Khan Kamal to death. Former IGP Chowdhury Abdullah Al-Mamun, who turned state witness, was sentenced to five years in prison.

In another case concerning the killing of six people in Chankharpul in the capital, the same tribunal on 26 January this year sentenced three former police officials, including former DMP commissioner Habibur Rahman, to death. Five other former police personnel received prison terms of varying lengths.

In a case involving the shooting of a young man who was hanging from the cornice of a building in Rampura, and the killing of two others, the same tribunal on 28 June sentenced three former police officials, including Habibur Rahman, to death. One person received a life sentence and another was sentenced to 20 years in prison.

Many of those convicted, including Sheikh Hasina, Asaduzzaman Khan Kamal and Habibur Rahman, remain fugitives.

In a case involving the shooting deaths and burning of bodies in Ashulia, Savar, Tribunal-2 on 5 February this year sentenced six people to death, seven to life imprisonment and two to seven years in prison. Former police ASI Abzalur Rahman was granted a pardon after turning state witness.

In the case concerning the killing of Abu Sayed, regarded as the first martyr of the anti-discrimination movement, the tribunal on 9 April sentenced two former police officials to death, three to life imprisonment and 25 others, including former vice-chancellor of Begum Rokeya University Hasibur Rashid, to prison terms of varying lengths.

In its verdict in a case concerning killings in Kushtia, the tribunal on 30 June sentenced Hasanul Haq Inu, president of the Jatiya Samajtantrik Dal (JSD), to 10 years in prison.

Outside these cases, Tribunal-1 sentenced Sheikh Hasina to six months in prison for contempt of court and Shakil Akand Bulbul of Gaibandha to two months' simple imprisonment. Youth League leader M H Patwari was also sentenced to two months' rigorous imprisonment for making a derogatory post on Facebook about the tribunal.

Tribunal-2 has reserved its verdict in the case concerning killings in Kushtia against four people, including Mahbubul Alam Hanif, joint general secretary of the now-banned Awami League. Meanwhile, closing arguments are being heard in a case against seven Awami League leaders, including the party's general secretary Obaidul Quader.

According to prosecution sources, 15 cases are currently pending before Tribunal-1 and five before Tribunal-2. Including these, a total of 58 cases are at various stages of investigation and trial, involving 394 accused. Of them, 147 are in custody after being arrested, while the rest remain fugitives.

Several people are accused in more than one case. Those facing charges include Sheikh Hasina, her son Sajeeb Wazed Joy, serving and former military officers, ministers and state ministers from the Awami League government, former members of parliament, local leaders, university teachers, government officials and employees, and members of the police.

The tribunal has also taken cognisance of formal charges in a case concerning killings surrounding the Hefazat-e-Islam grand rally at Shapla Chattar in Motijheel on 5 May 2013. There are also allegations of various other crimes committed during the Awami League government.

International Crimes Tribunal Chief Prosecutor Md Aminul Islam believes many more incidents from the Awami League era could be brought before the tribunal, further increasing the number of cases.

He said that after receiving 590 complaints, the authorities scrutinised them and sent 109 for investigation. Trials are now underway in cases where investigations have been completed.

"Taking everything into account, it takes three, four or even five months to complete a case," he said. "Given the number of cases we have now, and the number that will come in the future, the two tribunals will come under considerable pressure."

He said four or five cases are being heard every day, making it impossible to take evidence in all of them simultaneously. This, he explained, inevitably causes delays.

The chief prosecutor said the number of tribunals, members of the prosecution teams and investigators would also have to be increased to speed up the trials. He expressed hope that the government would consider the matter.

Former chief prosecutor of the tribunal Mohammad Tajul Islam expressed a similar view.

"The families of those who sacrificed their lives in July-August and those who were injured want to see speedy justice. We also tried to ensure that," he said. "Since the number of cases has increased significantly, the number of tribunals should be increased accordingly. Otherwise, even appeals against the tribunal's verdicts will take a long time to resolve."

Formal charges accepted against 41 in killings surrounding Hefazat rally

The tribunal on 27 July accepted formal charges against 41 accused, including ousted prime minister Sheikh Hasina, in the case concerning crimes against humanity committed around the Hefazat-e-Islam grand rally at Shapla Chattar in Motijheel.

At the same time, arrest warrants were issued for 31 fugitives, including Sheikh Hasina, while the 10 accused already in custody were ordered to be produced before the tribunal.

How far has the case against the Awami League as a political organisation progressed?

Chief Prosecutor Md Aminul Islam has said that the investigation agency of the International Crimes Tribunal is investigating the Awami League, whose activities have been banned, as a political organisation over allegations of crimes against humanity committed during the July movement.

He said that if a prima facie case is established against the Awami League, there is scope for taking necessary legal action against the party.

The chief prosecutor made the remarks recently while speaking to journalists at his office at the International Crimes Tribunal.

During the tenure of the interim government, the Nationalist Democratic Movement (NDM) filed allegations of crimes against humanity against the Awami League as a political party. NDM was founded by Bobby Hajjaj, who served as state minister for primary and mass education. He later left the party, contested the 13th parliamentary election as a BNP candidate and was elected to parliament. He subsequently became a state minister in the BNP government.

Home Minister Salahuddin Ahmed has also spoken at a programme about prosecuting the Awami League as an organisation. He said: "We have demanded that the Awami League be tried as a political party, and others have made the same demand. An investigation is underway. God willing, they will soon be brought before the court as a political party."

He said the law had been amended under Article 47 of the Constitution and that both the Anti-Terrorism Act and the International Crimes Tribunal Act provide for the prosecution of political parties and organisations.

The day after the home minister's remarks, Chief Prosecutor Aminul Islam confirmed that an investigation into the Awami League was underway at the tribunal's investigation agency.

He told journalists that an individual from a political organisation had submitted a written complaint to them. The complaint was subsequently forwarded to the tribunal's investigation agency in accordance with procedure.

"The agency is investigating whether the Awami League can be prosecuted as an organisation," he said. "If, after the investigation, a prima facie case is found against the Awami League as an organisation and a report is submitted to me, I, as chief prosecutor of the tribunal, will have the authority to take the necessary steps on the basis of that report."

Referring to the home minister's statement that the government wanted the Awami League to be prosecuted as an organisation, the chief prosecutor said the Awami League government itself had enacted the International Crimes Tribunal Act in 1973.

"Under that law, the Awami League government established the International Crimes Tribunal in 2010," he said. "In 2013, the law on crimes against humanity was amended to add the word 'organisation'. They were also the ones who enacted the Anti-Terrorism Act 2009. That law provides for the prosecution of entities as well as individuals. It states that if an organisation commits an offence, it can be prosecuted under the Anti-Terrorism Act."

He noted that, as part of this legal framework, the Awami League government banned Jamaat-e-Islami under the Anti-Terrorism Act on 1 August 2024.

The chief prosecutor said a review of the relevant laws showed that the Awami League had itself introduced legislation at different times providing for the prosecution of organisations and the banning of political parties.

"No other government has ever enacted this kind of law," he said. "Trials for crimes against humanity are currently being conducted under the International Crimes Tribunal Act 1973, and we continue to use that law. The trials currently underway are being conducted under the same legislation."

Speaking to The Business Standard on 1 August (Saturday), the chief prosecutor said investigations into crimes against humanity allegedly committed by the Awami League and its affiliated organisations were ongoing.

He said the investigation had already found prima facie evidence supporting the allegations. The tribunal's investigation agency would complete the investigation and submit its report as soon as possible.