Quader, 6 other fugitives to be brought back if located: Chief prosecutor

International Crimes Tribunal (ICT) Chief Prosecutor Md Aminul Islam today (15 September) said the seven fugitives sentenced to death for crimes against humanity during the 2024 July Uprising, including Awami League General Secretary Obaidul Quader, will be arrested and brought back to Bangladesh if their whereabouts are identified.

"We will take steps to bring them back to the country and implement the tribunal's verdicts," he told reporters at his office following the verdict.

Earlier in the day, the three-member ICT-2, headed by Justice Md Nazrul Islam Chowdhury, sentenced Quader and six others to death for murder, incitement, provocation and conspiracy during the July Uprising.

The other convicts are Awami League Joint General Secretary AFM Bahauddin Nasim, former state minister for information and broadcasting Mohammad Ali Arafat, Jubo League President Sheikh Fazle Shams Parash, General Secretary Mainul Hossain Khan Nikhil, Bangladesh Jatiyatabadi Chatradal President Saddam Hussain and General Secretary Sheikh Wali Asif Enan.

All seven are fugitives.

The chief prosecutor said each accused faced four charges, most of which had been proved beyond reasonable doubt.

"We are grateful for this verdict. We are satisfied with it," he said, adding that the evidence established both the accused's superior command responsibility and individual liability.

He said the decision to impose a curfew and use lethal weapons was taken at a 14-party alliance meeting on 19 July 2024. The subsequent indiscriminate shooting and killing of protesters followed Quader's "shoot-at-sight" order, he added.

'Fugitives' statements have no legal validity'

Asked about comments made by Arafat and other convicts on the Facebook pages of various media outlets, Aminul said the accused were aware of the proceedings but deliberately chose not to face the tribunal.

"Although the trial was going on against them, they did not face it. It is clear that the accused are fugitives intentionally. They are absconding because they committed crimes. Any statement they make has no legal validity," he said.

He said the trial had been conducted in accordance with the law as the accused had deliberately remained fugitives.

"So, there is no scope for comments from human rights organisations either," he added.

Assets to remain untouched during appeal period

On the confiscation of assets, the chief prosecutor said the accused would have 30 days to appeal after the verdict is published.

The tribunal ordered 50% of the movable and immovable assets of Quader, Nasim, Arafat, Parash and Nikhil to be confiscated.

The assets are to be distributed as compensation among the families of those killed and injured during the July Uprising through the July Foundation or another statutory body.

"There may be no scope to confiscate or hand over any property for management during these 30 days. But after 30 days, there is no legal obstacle for the Bangladesh government to implement this verdict," Aminul said.

He added that the tribunal's rules and statutes allow up to 75% of an accused person's assets to be confiscated.

"This is the first time our tribunal has confiscated 50% of their movable and immovable assets," he said.

Defence expresses dissatisfaction

Defence lawyers representing the seven accused expressed dissatisfaction with the verdict.

Israt Jahan, who represented Saddam, Enan, Nikhil and Parash, said she had made every effort to secure acquittal for her clients based on the evidence and documents presented before the tribunal.

"I argued and cross-examined witnesses in accordance with the law and to the fullest extent possible. But the honourable tribunal has sentenced my four clients to death and life imprisonment on various charges," she said.

"As lawyers, we are bound to accept the tribunal's verdict. We do not have the audacity to speak against the tribunal's verdict. We accept and respect the verdict. But I am not satisfied with this verdict," she added.

Hasan Imam, who represented Quader, Nasim and Arafat, said the defence had also made its best efforts during the trial.

"We cross-examined the witnesses and presented our arguments. We explained everything to the honourable tribunal, from the Second World War to the advantages and disadvantages of the principle of command responsibility. Without seeing the full verdict, I cannot say whether our arguments have been taken into consideration," he said.

Hasan, a former judge, said the defence should appeal against the verdict if there was an opportunity to do so.

"Perhaps we may get a better result on appeal," he added.