The charge of genocide has been registered as a case against 9 people, including former Prime Minister Sheikh Hasina, who fired on unarmed students during the anti-discrimination movement, and ordered and planned the murder. The case was recorded on Wednesday by the investigative body of the International Criminal Tribunal. Ataur Rahman, deputy director of the investigation agency of the International Criminal Tribunal, has been appointed as the investigation officer of the case.
The concerned lawyers said that after the preliminary investigation of this case, if the arrest warrant is issued by the tribunal, the Criminal Procedure Code, Evidence Act and Article 49 of the Constitution will not be applicable in the case of trial. That is, according to the Tribunal Act, the accused can be tried on the information of the newspaper and on the oral testimony of someone.
Incidentally, on Wednesday, 9 people, including former Prime Minister Sheikh Hasina, were accused of genocide and crimes against humanity by naming former Prime Minister Sheikh Hasina as the leader and planner of the shooting and killing of unarmed students during the anti-discrimination movement. The petition made the same complaint against Awami League, Jubo League, Chhatra League and its affiliates as organizations. The petition sought an order to investigate and take legal action against the accused. Advocate Gazi MH Tamim of the Supreme Court filed this application in the inquiry agency of the tribunal on Wednesday on behalf of Bulbul Kabir, the father of Class IX student Arif Ahmed Siam, who was killed in that movement. A total of six cases have been filed against Sheikh Hasina in the last three days.
When asked to know, lawyer Gazi MH Tamim said on Thursday that the investigation agency has recorded the allegations of genocide and crime against humanity as a case by mentioning the names of 9 people including Sheikh Hasina. Case number-127, dated 14 August 2024. He said that the investigation of the case has been given to the deputy director of the investigation agency Ataur Rahman. He has already started the investigation work.
Gazi MH Tamim said, investigation agency can make an application to the tribunal and seek arrest warrant against the accused. Accused need to be produced for investigation. Only then will it be registered as a Tribunal case. And if an arrest warrant is not sought, the chief prosecutor will submit a formal complaint to the tribunal after submitting the investigation report. Formal judging will begin after submission. When asked if there is any legal obstacle to try this complaint according to the existing International Criminal Tribunals Act 1973, he said there is no obstacle. This is because the law deals with the trial of four crimes. Crimes against humanity, genocide, war crimes and crimes against peace.
Earlier on Wednesday, Ataur Rahman, Deputy Director of the International Criminal Tribunal’s investigation agency, said, “We have registered the complaint and as a result, the investigation of the case has started.” After the investigation is completed, we will submit the report to the Chief Prosecutor’s Office of the Tribunal for further action.
The last International Criminal Tribunal in Dhaka had three judges.
These are the chairman of the tribunal, Justice Md. Abu Ahmed Jamadar, Member Justice KM Hafizul Alam and Justice AHM Habibur Rahman Bhuiyan. In the meantime, on June 13, the chairman of the tribunal, Justice Md. When Abu Ahmed Jamadar retired, no one else was appointed there. Last Tuesday (August 13), 10 prosecutors resigned from the tribunal’s prosecution panel. The proceedings of the tribunal are currently closed.
Former Prime Minister and Awami League President Sheikh Hasina, former Bridges Minister and Awami League General Secretary Obaidul Quader, former Interior Minister Asaduzzaman Khan Kamal, former State Minister for Posts and Telecommunications Junaid Ahmed Palak, former State Minister for Information and Broadcasting Muhammad Ali Arafat and Some ministers of the then government, state ministers and members of parliament, former inspector general of police Chowdhury Abdullah Al-Mamun, former head of Dhaka Metropolitan Police Department Haroon Or Rashid, former commissioner of Dhaka Metropolitan Police Habibur Rahman and some dishonest police officers and members, former director general of RAB. Awami League, Jubo League, Chhatra League and its affiliates have been mentioned as the leaders and activists of Awami League, Chhatra League and Jubo League, along with Haroon Or Rashid and some dishonest RAB officers, members and unidentified armed men.
It is stated in the application about the nature of the crime that, under the orders and plans of accused No. 1 to 9, the other accused have committed crimes like genocide and crimes against humanity by indiscriminately shooting with desi and firearms and killing the general unarmed students who were protesting against discrimination with the intention of completely or partially exterminating them.
According to the inquiry agency’s application in the tribunal, former Prime Minister Sheikh Hasina made provocative statements in the press conference to suppress the agitation with the nefarious purpose of rooting out the anti-discrimination activists. Law and order forces and leaders of Awami League, Jubo League, Chhatra League were instructed to completely or partially eliminate the protesting students.
It is said that on the orders of Sheikh Hasina, Obaidul Quader and other defendants, the Awami League and its organization and law enforcement forces attacked the ordinary students who were agitating nationwide at that time with firearms and indigenous weapons. They were shot dead indiscriminately. Commit genocide and crimes against humanity by hacking, beating and seriously injuring. At least 439 students were killed across the country between July 15 and August 5, the petition said.
