ICT judgment today in crimes against humanity case against Hasina

Summary

• Charge 1: Inciting violence through remarks at press conference
• Charge 2: Ordering the use of lethal weapons from helicopters
• Charge 3: Killing of Abu Sayed in Rangpur
• Charge 4: Murder in Chankharpul
• Charge 5: Killing and burning of bodies in Ashulia

The International Crimes Tribunal will deliver its verdict today in the much-anticipated case accusing ousted former prime minister Sheikh Hasina of crimes against humanity during last year's July Uprising.

The case also names former home minister Asaduzzaman Khan Kamal, and former inspector general of police (IGP) Chowdhury Abdullah Al-Mamun as the accused. Hasina and Asaduzzaman are absconding, while Mamun has given a deposition as a state witness.

The judgement will be broadcast live on Bangladesh Television and shown on large screens at several locations in Dhaka under cultural ministry initiative, said Prosecutor Gazi Monowar Hossain Tamim at a briefing at the tribunal compound yesterday.

The tribunal's Facebook page will also stream the proceedings, he added. A three-member bench of Tribunal-1, led by Justice Md Golam Mortuza Mazumdar, will deliver the ruling. 

However, he did not mention the exact time of the verdict announcement.

The prosecution has brought five charges against the three, including incitement, provocation, and command responsibility for the killing of 1,400 people and the maiming of another 25,000 during the July-August uprising.

Property confiscation, fresh Interpol warrant petition

Prosecutors have sought the death penalty for Hasina and Asaduzzaman. State-appointed lawyers representing the two have pleaded for acquittal, arguing that the accused are innocent. Lawyers for Mamun, who became a state witness, have also sought his acquittal.

Prosecutors have also requested the confiscation of Hasina's properties, alongside the co-accused, to compensate families of the martyrs and injured victims.

Speaking to reporters at the tribunal premises yesterday, ICT Prosecutor Gazi MH Tamim said, "The prosecution will file a fresh petition tomorrow, after the verdict, seeking an Interpol arrest warrant for Sheikh Hasina."

He added, "We have sought the highest possible sentence for her. Additionally, we requested that the accused persons' properties be confiscated and transferred to the families of the martyrs and the injured victims."

He further said the prosecution would accept any judgement issued by the tribunal "in the interest of justice."

Charge 1: Inciting violence through remarks

The prosecution alleges that on 14 July 2024, at a press conference at Ganabhaban, Sheikh Hasina delivered an inciteful speech that triggered a chain of actions by senior members of the then government, including accused Asaduzzaman and Mamun.

It states that, through their provocation, assistance, and involvement, law enforcers under their command, along with armed Awami League activists, carried out widespread and systematic attacks on unarmed students and civilians. These attacks included murder, attempted murder, torture, and other inhumane acts.

The charge further alleges incitement, provocation, complicity, aiding the commission of these offences, failing to prevent the crimes, failing to punish those responsible, and participating in a conspiracy that enabled the violence.

Charge 2: Ordering the use of lethal weapons from helicopters

The prosecution alleges that Sheikh Hasina ordered the use of helicopters, drones, and lethal weapons against student protesters, with the intention of killing and eliminating those involved in the movement.

It further states that then Asaduzzaman and then IGP Mamun implemented this order by directing law enforcement personnel under their authority to carry out the actions.

According to the charge, the three accused collectively instructed, assisted, participated in, and conspired in the commission of crimes against humanity, fully aware of the consequences of their directives.

Charge 3: Killing of Abu Sayed in Rangpur

As part of the attacks on protesters, on 16 July, in front of Begum Rokeya University in Rangpur, members of the security forces fired multiple rounds at close range into the chest of unarmed student protester Abu Sayed without provocation, killing him instantly.

The charge states that the accused, with full knowledge of the consequences, directed, incited, assisted, participated in, and conspired in this killing, which the prosecution describes as a crime against humanity involving murder and other inhumane acts.

Charge 4: Murder in Chankharpul

On 5 August 2024, under the command and supervision of the accused, law enforcers and armed Awami League activists allegedly opened fire on unarmed student protesters in Dhaka's Chankharpul area, killing six people.

Prosecutors state that the killings were carried out with the knowledge, approval, and alleged instigation of the accused, amounting to crimes against humanity through murder, conspiracy, incitement, and assistance.

Charge 5: Killing and burning of bodies in Ashulia

On 5 August 2024, in front of Ashulia Police Station and surrounding areas in Dhaka district, law enforcers agencies and armed Awami League activists opened fire on unarmed student protesters, killing six people.

Prosecutors say the attackers burned the bodies of five victims and set fire to another who was alive but critically injured. They state that the killings and the burning of victims were carried out with the alleged instruction, instigation, assistance, involvement, and conspiracy of the accused, amounting to crimes against humanity.

Security beefed up

Security has been tightened across the capital and other areas ahead of the verdict. Law enforcement agencies have issued special instructions, placing priority on responding quickly to intelligence about possible unrest.

Plainclothes officers have joined uniformed personnel in boosting patrols, surveillance, and intelligence gathering. A three-layer security ring is being formed around major intersections, key installations, entry points, and sensitive locations.

A heightened presence of police and security forces was visible yesterday around the tribunal area and the Supreme Court. The Supreme Court has written to military headquarters requesting army deployment, sending the letter on 12 November.

Case timeline

The tribunal, originally established by the former Awami League government to try 1971 Liberation War crimes, was reconstituted after the party fell on 5 August 2024.

The first case against Hasina under the reconstituted tribunal concerned alleged crimes against humanity during the July uprising. An arrest warrant was issued for her on 17 October last year, when she was the sole accused.

In March, the tribunal accepted a prosecution request to add Asaduzzaman and Mamum as co-accused. Investigators submitted their report on 12 May, describing Hasina as the "mastermind, order-giver, and superior commander" behind the alleged atrocities.

Hearings on charge framing began on 1 July. On 10 July, the tribunal framed charges across all five allegations and ordered the trial to start. On the same day, Mamun admitted involvement and applied to become an approver.

Witnesses included relatives of those killed in the mass uprising, among them the father of martyr Abu Sayed, and Nahid Islam, convener of the National Citizen Party (NCP) and a leading figure in the uprising. Of 85 listed witnesses, 54 gave evidence.

Mamun is the only accused currently in custody. His statement as a state witness marked the first time in the tribunal's history that an accused has turned approver. Prosecutors said the tribunal will decide whether Mamun will face any sentence or receive exemption.

The trial concluded on 23 October. On 13 November, the tribunal set 17 November for the verdict.