Crimes against humanity: ICT to rule on charges against Hasina Thursday

The International Crimes Tribunal (ICT) has held a hearing to decide whether to frame charges against ousted prime minister Sheikh Hasina, former home minister Asaduzzaman Khan, and ex-inspector general of police Chowdhury Abdullah Al-Mamun in a case over alleged crimes against humanity committed to quell the July Uprising.

The three-member tribunal led by Justice Md Golam Mortuza Mozumder has scheduled Thursday for its decision on the matter.

If the court decides to frame charges, this will mark the start of the first trial against Hasina for crimes against humanity in the very court her government had established in 2010 to try war criminals from the 1971 Liberation War.

State-appointed lawyer Amir Hossain represented Hasina and Khan during the hearing, while Chief Prosecutor Tajul Islam appeared for the prosecution.

Advocate Amir sought Hasina's discharge from the charges in the crimes against humanity case. Following the hearing, the tribunal set July 10 to issue its order on whether charges will be framed. Earlier, on July 1, the prosecution had completed its hearing and petitioned for the framing of charges.

“We have filed a discharge petition on behalf of Sheikh Hasina and Asaduzzaman Khan. The charges brought against Sheikh Hasina are baseless and politically motivated. These allegations are driven by envy over the welfare-oriented achievements during her long tenure as prime minister,” said Amir.

During the hearing, Hasina’s lawyer highlighted her government’s role in Bangladesh’s development. He cited major infrastructure projects like the Padma Bridge and Dhaka Metro Rail, claiming that under her leadership, Bangladesh had transitioned into a developing country.

The prosecution had already presented its arguments earlier, and Tuesday's hearing was for the defence, said ICT Prosecutor Monowar Hossain Tamim.

“The tribunal has fixed July 10 to deliver its ruling on whether charges will be framed. On that day, it will be decided whether the case will proceed,” he added.

The prosecution has brought five charges of crimes against humanity against the trio for their roles during the July Uprising.

On June 1, the court took notice of the charges and issued fresh arrest warrants for Hasina and Assaduzzaman. Former police chief Mamun is currently in jail.

Earlier, on May 12, the ICT's Investigation Agency submitted a report outlining five charges of crimes against humanity. In that report, Hasina was described as the "mastermind, conductor, and superior commander" behind the brutal crackdown on the July–August Movement against her government.

ICT Chief Prosecutor Tajul Islam detailed the findings of the investigation at a media briefing.

According to him, the first charge involves incitement and provocation. He cited Hasina’s press conference on July 14, 2024, where she allegedly referred to protesting students as "children and grandchildren of Razakars" (collaborators of Pakistani forces in 1971). He said this provoked state forces and auxiliary forces such as the Awami League, Jubo League, and Chhatra League to launch armed attacks on demonstrators, resulting in killings, injuries, and other crimes against humanity.

The second charge accuses Hasina of issuing direct orders for the violence.

“She instructed all state forces to use helicopters, drones, APCs, and lethal weapons to annihilate unarmed, peaceful civilian protesters,” said Tajul.

The alleged orders included instructions to kill, injure by shooting, and obstruct medical treatment and autopsies.

The remaining three charges relate to specific incidents, he said.

According to Tajul, around 1,500 people were killed, over 25,000 were injured by gunfire, women were subjected to violence, children were targeted, and in some cases, bodies and living victims were burnt together.

The report also notes that victims were denied medical care and access to post-mortem services.

He added that government agents were instructed to set fire to public buildings and blame the protesters -- instructions allegedly captured in seized phone recordings.

In response to journalists, Tajul clarified that the case was not being labelled genocide, but rather crimes against humanity, in line with international legal definitions.

The ICT was established in 2010 by the Awami League government to prosecute 1971 war crimes. After the fall of the government on August 5, 2024, the interim administration initiated proceedings against Hasina and her associates at the tribunal.

Following the formal submission of charges, the tribunal issued an arrest warrant for Hasina on October 17, 2024. She has reportedly been residing in India since leaving Bangladesh.

The interim government has also amended relevant laws to allow political parties, such as the Awami League, to be held accountable for crimes against humanity.

Political groups, including Jamaat-e-Islami and the National Citizen Party, have been demanding the trial of Hasina and the Awami League before the upcoming elections.

In a recent Facebook post, Law Advisor Asif Nazrul expressed hope that the trial would be completed during the tenure of the interim government.