Tajul removed, Aminul Islam takes charge as ICT chief prosecutor

Md Aminul Islam has formally assumed charge as chief prosecutor of the International Crimes Tribunal (ICT).

He took over the responsibility at 2pm today (23 February) at his office at the tribunal, receiving the charge from outgoing chief prosecutor Mohammad Tajul Islam.

Prosecutors welcomed the newly appointed chief prosecutor with flowers. He later went to the chief prosecutor's office and exchanged greetings with members of the prosecution team.

Speaking to journalists on the tribunal premises after assuming office, the newly appointed chief prosecutor said the pace of judicial proceedings will increase in line with the aspirations of those killed in the July Uprising.

Describing the role as "an extremely important duty", he said, "I hope to perform my duties according to the aspirations of the martyrs who sacrificed their lives in the July Uprising."

Aminul added that he would fully cooperate in ongoing and upcoming trials in accordance with the law.

He said there was a "clear message" for those facing trial.

"Criminals must receive the punishment they deserve," he said, adding that those who have not committed any wrongdoing would not face harassment by the prosecution.

Aminul said the prosecution would work in line with the law and without malice towards anyone, following the approach of the previous team.

Asked about allegations of irregularities against some members of the prosecution team, he said, "It would be better not to mention these allegations to me today. Because today is my first day."

He said that if any such allegations formally come before him, they would be examined.

"No instructions from anyone outside the law will be followed," he further said, adding that tribunal proceedings would be conducted strictly in accordance with existing legal provisions.

Responding to a question about criticism on social media over his past involvement in BNP politics and concerns that accused members of the Awami League might receive undue benefit, Aminul said, "Naturally, these courts will be conducted under a party-led government, and there will be a prosecution team. You can expect that the pace of the tribunal will increase further."

Earlier in the morning, the government issued a gazette notification appointing Supreme Court lawyer Md Aminul Islam as the chief prosecutor of the ICT.

The law ministry issued a gazette notification in this regard this morning (23 February). Issued under the authority of the International Crimes (Tribunals) Act of 1973, the directive specifies that these changes take immediate effect.

The gazette stated that Aminul has been appointed as chief prosecutor to conduct cases of the tribunal until further orders. At the same time, the order appointing Tajul Islam has been cancelled.

On 5 September 2024, the interim government appointed Tajul as chief prosecutor with the status of attorney general. He served for the past one and a half years at the reconstituted ICT. 

Until the 12 February election, under Tajul's leadership, the prosecution had submitted 24 formal charges in cases related to crimes against humanity committed during the July Uprising. Proceedings in these cases are currently underway at ICT-1 and ICT-2.

Verdicts have been delivered in three cases. Among the 26 individuals convicted in those verdicts are ousted prime minister Sheikh Hasina, former home minister Asaduzzaman Khan and senior police officials.

Two cases, including the killing of Abu Sayed, are awaiting verdicts. A verdict in a crimes against humanity case over incidents in Rampura is scheduled to be announced on 4 March.

In addition, trials are ongoing at the tribunal over enforced disappearance and torture during the Awami League government's tenure. Major (retd) General Ziaul Ahsan has faced trial, and several heavyweight Awami League MPs and ministers are also accused in crimes against humanity cases.

In response to a question during a press briefing on the tribunal premises this afternoon following his removal, Tajul said, "Many of the cases whose investigations and trial proceedings began during my tenure are still ongoing. Our main objective was to ensure justice. I hope the new chief prosecutor will maintain that continuity and complete the unfinished work."

Extending his best wishes to the newly appointed chief prosecutor, Tajul said that conducting cases on behalf of the state is a highly challenging responsibility. 

However, he expressed hope that under the new leadership, the prosecution will become stronger and more dynamic.

Tajul said the judicial process is continuous in nature, where the institution, not any individual, is paramount. 

He noted that members of the ICT prosecution team have been carrying out their duties with professionalism and expressed hope that this practice will continue in the future.

During the tenure of the previous Awami League government, he had been engaged in legal battles at the tribunal as a defence lawyer for leaders of Jamaat-e-Islami. He also served as joint convener of the Amar Bangladesh Party (AB Party).

Recalling the context in which he assumed office at the beginning of the interim government's tenure, Tajul told reporters, "Today my feelings are bittersweet. I took charge as chief prosecutor at a difficult time for Bangladesh."

Speaking about the challenges at the time, he said, "When I assumed responsibility, you know that the main building was then abandoned. Activities were being conducted in a tin-shed structure. Those who were in the previous prosecution left everything in disarray and fled.

"Books and documents were getting soaked in the rain, we took charge amid such a chaotic situation."

He said that from there, they rushed to hospitals to collect evidence from the injured and moved forward with investigations into enforced disappearances. 

He expressed gratitude to the Anti-Discrimination Student Movement, families of martyrs, eyewitnesses, and the interim government led by Muhammad Yunus for their overall cooperation in reconstituting the tribunal.

Responding to a question about whether he had prior knowledge of his removal and why he did not resign voluntarily, Tajul said, "At first, the government told us that things would continue as they were. Then yesterday, he [without naming anyone] gave me the idea that the government wished to replace someone here with a new person.

"I then said on my own, do you want me to resign and leave? They said there was no need. Because it would be replaced through the natural process. If I had resigned, it might have conveyed a different message."

In his words, "Whenever an elected government comes, they naturally replace people with their preferred choices, I do not consider this unusual. It is a very normal process."

Asked whether there had been any 'pick and choose' in selecting accused persons in cases, the outgoing chief prosecutor said such a process is permitted under the International Crimes Tribunal Act.

He said, "In the history of crimes against humanity trials around the world, you will see that thousands of soldiers are not punished en masse. Top commanders are punished, and those who had direct involvement in atrocities are the ones who are sentenced."

Expressing full confidence in the quality of trials and verdicts delivered during his tenure, he said, "I am very confident. Regarding the verdicts delivered and the documents we produced, there is no scope for those judgments to be overturned in the higher court.

"If you examine the records of past tribunals, you will see that the kind of strong evidence we have presented here has never been produced before."