LIVE: Ousted Bangladesh ex-PM Hasina faces verdict on charges of crimes against humanity

Key Concepts

• Crimes Against Humanity: Widespread or systematic attacks directed against any civilian population, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecution, enforced disappearance, apartheid, and other inhumane acts.
• Superior Command Responsibility: The legal principle that a superior officer can be held responsible for the crimes committed by their subordinates if they knew or should have known about the crimes and failed to take reasonable measures to prevent or punish them.
• Incitement: Encouraging or instigating others to commit a crime.
• Abetment: Assisting or encouraging another person to commit a crime.
• International Crimes Tribunal Act 1973: Legislation in Bangladesh for the trial of genocide, crimes against humanity, war crimes, and other crimes under international law.
• Rome Statute: The treaty that established the International Criminal Court (ICC).

Summary of Proceedings and Verdict

This document details the proceedings and verdict of a tribunal concerning alleged crimes against humanity committed during the July 2024 movement in Bangladesh. The core of the case revolves around accusations against Prime Minister Sheikh Hasina, Home Minister Assaduzzaman Khan Kamal, and Inspector General of Police Benazir Ahmed.

Allegations and Evidence Against Prime Minister Sheikh Hasina

Main Topics and Key Points:

• Incitement and Orders to Kill: Sheikh Hasina is accused of inciting party activists and affiliates to revolt, provoking protesters, and ordering the killing and elimination of protesting students.
• Provocative Remarks: On July 14, 2024, she allegedly made a provocative remark stating that "enough is enough to control the movement."
• Order to Use Drones and Lethal Weapons: In a phone conversation on July 18, 2024, with the Dhaka South City Corporation mayor and later with Hasanul Haq Inu, she allegedly ordered the use of drones to locate protesting students and helicopters with lethal weapons to kill them.
• Failure to Prevent Atrocities: She is also accused of failing to take preventive and punitive measures against perpetrators.

Supporting Evidence:

• Audio Conversations: Pen drives and CDs containing conversations attributed to Sheikh Hasina have been submitted and examined by forensic experts. The reports confirm the conversations are genuine and not AI-generated. These conversations were played in court and appeared genuine.
• Media Reports: Remarks made by Sheikh Hasina in a press conference on July 14, 2024, were widely watched on television and social media, and reported in national daily newspapers on July 15, 2024.
• Witness Testimony: Prosecution witnesses proved the attack on Dhaka University students following incitement and Sheikh Hasina's alleged order to kill.
• Lack of Denial: The alleged inciting remarks and order of killing by Sheikh Hasina, and the provocative remark by Assaduzzaman Khan Kamal, have not been denied by the accused.
• United Nations Human Rights Commission Report: This report categorically stated that political leaders issued direct orders and directives authorizing and guiding operations by various security forces that involved serious human rights violations, including extrajudicial killings, with an estimated 1,400 people killed during the July movement.

Verdict:

Sheikh Hasina was found guilty on three counts under Charge One: incitement, order to kill, and inaction to prevent atrocities and failing to take punitive actions. She was also found liable on two counts under Charge Two for ordering the deployment of drones, helicopters, and lethal weapons, and for causing killings at Shankarpur and Ashulia. For all these counts, the tribunal decided to award a single sentence of imprisonment till natural death.

Allegations and Evidence Against Home Minister Assaduzzaman Khan Kamal

Main Topics and Key Points:

• Joint Criminal Enterprise: Accused of acting jointly and in collaboration with Sheikh Hasina and Benazir Ahmed to commit atrocities and kill protesters.
• Abetment and Failure to Prevent: Accused of abetting and failing to prevent atrocities, particularly at Shankarpur and Ashulia.
• Core Committee Meetings: Participated in nightly meetings of a core committee at the residence of the Home Minister to make decisions regarding the movement.
• Instructions from Prime Minister: Received instructions from the Prime Minister for the core committee.
• Decision to Use Drones and Lethal Weapons: Was part of the decision-making process to use drones and helicopters with lethal weapons to control the movement.

Supporting Evidence:

• Testimony of Benazir Ahmed: Benazir Ahmed testified that a core committee, including Assaduzzaman Khan Kamal, met nightly to make decisions and pass instructions.
• Witness Testimony: Prosecution witnesses proved the attack on Dhaka University students following incitement and alleged orders.
• Joint Operations: Evidence suggests joint operations against protesting students and the public using drones, helicopters, and lethal weapons.
• Visit to Narayanganj: Along with other officials, visited Narayanganj on July 29, 2024, to observe the movement's situation.

Verdict:

Assaduzzaman Khan Kamal was held liable for committing crimes against humanity for the killing of six persons at Shankarpur and six persons at Ashulia. He was found liable for four counts of offenses by his abetment and failure to take necessary actions in both locations. For all these four counts, the tribunal decided to award a single sentence of death.

Allegations and Evidence Against Inspector General of Police Benazir Ahmed

Main Topics and Key Points:

• Joint Criminal Enterprise: Accused of acting jointly and in collaboration with Sheikh Hasina and Assaduzzaman Khan Kamal to commit atrocities and kill protesters.
• Abetment and Failure to Prevent: Accused of abetting and failing to prevent atrocities.
• Core Committee Meetings: Participated in nightly meetings of a core committee at the residence of the Home Minister.
• Instructions from Prime Minister: Received instructions from the Prime Minister for the core committee.
• Decision to Use Drones and Lethal Weapons: Was part of the decision-making process to use drones and helicopters with lethal weapons to control the movement.
• Chain of Command Issues: Testified that the chain of command in the police service was not maintained, with the highest authority communicating directly with mid-level officers.

Supporting Evidence:

• Testimony of Benazir Ahmed: Benazir Ahmed provided extensive testimony, admitting his involvement and disclosing the workings of the core committee. He stated that instructions came from the Prime Minister to use drones, helicopters, and lethal weapons.
• Forensic Examination: Conversations involving Benazir Ahmed were examined and found to be genuine.
• Witness Testimony: Prosecution witnesses proved the attack on Dhaka University students following incitement and alleged orders.
• Joint Operations: Evidence suggests joint operations against protesting students and the public using drones, helicopters, and lethal weapons.

Pardon and Testimony:

Benazir Ahmed was granted a pardon under Section 15 of the International Crimes Tribunal Act 1973 in exchange for his evidence. He testified about his involvement and the core committee's activities, including receiving direct orders from the Prime Minister. He expressed remorse for his actions.

Verdict:

While acknowledging his full and true disclosure and contribution to the trial, the tribunal found Benazir Ahmed guilty of offenses punishable with capital punishment. However, considering his cooperation, he was awarded a lenient sentence of five years imprisonment. His properties in Bangladesh were ordered to be confiscated in favor of the state.

Legal Framework and Procedural Aspects

• International Crimes Tribunal Act 1973: The tribunal's jurisdiction is based on this act, which covers genocide, crimes against humanity, war crimes, and other international law violations. The preamble of the act clarifies its purpose for trying such crimes.
• Rome Statute: The act is consistent with the provisions of the Rome Statute.
• Article 47 of the Constitution: This article gives precedence to the International Crimes Tribunal Act 1973 over the constitution itself.
• Trial of Absent Accused: The trial proceeded despite the absence of some accused, who were served notices and warrants and had their names published in newspapers. Their failure to appear was considered suggestive of guilt.
• Expert Testimony: The genuineness of audio conversations was confirmed by expert examination, and the reports were not challenged.
• Witness Testimony: The tribunal considered witness testimony from various parts of the country, deeming it sufficient to prove atrocities, emphasizing the quality of witnesses over sheer quantity.
• Superior Command Responsibility: The tribunal established the superior command responsibility of Sheikh Hasina over the Home Minister and Inspector General of Police, and that of the Home Minister over the Inspector General of Police, as required by the Rome Statute.

Scale of Atrocities and Impact

• Widespread and Systematic Attacks: The attacks against protesting students and the public were widespread and systematic, occurring in 50 districts and involving the use of lethal weapons in 41 districts.
• Casualties: Approximately 1,500 protesters were killed, including specific named individuals. Around 25,000 others sustained grievous injuries.
• Cruelty: The nature and extent of cruelty administered upon protesters, including infants, women, and the elderly, were described as unprecedented and shocking to the world.
• Human Rights Violations: The United Nations Human Rights Commission reported serious violations, including extrajudicial killings and arbitrary detention.

Conclusion and Sentencing

The tribunal concluded that the elements constituting crimes against humanity were fulfilled. The accused were found liable for their roles in inciting, ordering, abetting, and failing to prevent the atrocities.

• Sheikh Hasina: Sentenced to imprisonment till natural death for crimes against humanity.
• Assaduzzaman Khan Kamal: Sentenced to death for crimes against humanity.
• Benazir Ahmed: Sentenced to five years imprisonment for crimes against humanity, with confiscation of his properties.

The government was directed to pay compensation to the victims and their families. The judgment was to be transmitted to the district magistrate for necessary actions.