ICT sets 10 July for order on indictment against Hasina, 2 others

The International Crimes Tribunal has set 10 July to deliver its order on whether to frame charges against ex-prime minister Sheikh Hasina, former home minister Asaduzzaman Khan Kamal and former inspector general of police (IGP) Chowdhury Abdullah Al-Mamun in a case related to alleged crimes against humanity during the July uprising.

International Crimes Tribunal-1, led by Justice Md Golam Mortuza Mojumder, fixed the date after concluding the second day of hearings on charge framing in the case.

Yesterday (6 July), state-appointed Defense Counsel Qutub Uddin Ahmed appeared on behalf of Sheikh Hasina and Asaduzzaman Khan Kamal, who are now absconding.

Former IGP Chowdhury Abdullah Al-Mamun, the only accused currently in custody, was produced before the tribunal during the proceedings.

A state-appointed lawyer petitioned the court to dismiss charges against fugitive former prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal in a crimes against humanity case related to alleged mass killings in July and August.

What the defendant's lawyer has to say

Today (7 July), during a hearing on their behalf, lawyer Amir Hossain argued that the incidents in question do not constitute crimes against humanity.

"The tribunal was established to address crimes committed in 1971. No war occurred in the country during July and August, so this case cannot be pursued under that legal framework," Hossain said.

"Furthermore, the allegations brought forward are not accurate," he added.

Defending Sheikh Hasina, Hossain stated that she was not in the country at the time of Abu Sayeed's murder — one of the central accusations in the case.

"She returned to Bangladesh afterward and offered financial assistance to Abu Sayeed's family. She was shocked and speechless over the killing."

He described Asaduzzaman Khan Kamal as a respectable man who was focused on national development.

Addressing one of the five main allegations, the defense said:

"Sheikh Hasina didn't use the phrase 'children of Razakars' in the way it has been misrepresented. If she had truly wanted to act against them, she could have done so long ago."

He also denied the claim about an alleged audio call with Sheikh Fazle Noor Taposh.

"The prosecution has failed to submit any credible documents regarding this," he said.

Hossain argued that many police officers were killed during the incidents and that Sheikh Hasina did not act as a "superior commander" in the context of the case.

"We are requesting her exemption from this case, as she was not involved and was engaged in development efforts."

In previous hearings, prosecutors Advocate Tajul Islam and Gazi MH Tamim submitted five formal charges against Sheikh Hasina and two others, seeking the initiation of trial proceedings.

After hearing both sides, the three-member judicial panel of the tribunal — led by Chairman Justice Md. Golam Mortuza Mojumder — set 10 July as the date to decide whether charges will be formally framed.

Earlier on 1 July, the prosecution formally petitioned to initiate trial proceedings against the three accused.

The investigation agency of the tribunal had submitted its report to the prosecution on 12 May, accusing the trio of crimes against humanity.

On 1 June, the tribunal took cognisance of the charges, which include allegations of superior command responsibility, incitement and directives for mass killings, torture, and repression resulting in the deaths of at least 1,400 people during the July-August protests.

The charges have been brought under the legal doctrines of Joint Criminal Enterprise (JCE) and superior responsibility.