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Special Correspondent //

Awaiting Reorganization of International Criminal Tribunal. If the tribunal is reconstituted, the trial of the mass murderers will begin here in July. Tribunal chief prosecutor Tajul Islam and 5 people in the prosecution and retired additional DIG of police. 10 people including Mazharul Haque have been appointed. A judge has not yet been appointed. However, related sources said that another judge along with the chairman will be appointed in the tribunal soon.

During the anti-discrimination movement, a total of 53 separate complaints have been filed against the fugitive former Prime Minister Sheikh Hasina and those involved in the killings across the country from July 5 to August 5. Gazi Monawar Hussain, Prosecutor (Administration) of the International Criminal Tribunal told the media, “Hopefully, the tribunal can be reconstituted next week.” Attorney General is staying abroad. He will indeed be appointed chairman and member of the tribunal.

He said, ‘So far, a total of 53 separate complaints have been filed against the former Prime Minister Sheikh Hasina and others. Out of this, 16 complaints have been filed in the investigation agency and 37 complaints have been filed in the prosecution.

On the other hand, the deputy director of the investigation agency Ataur Rahman told Janakantha, “Investigation has started on all the complaints received by the investigation agency.” The complaint will be scrutinized and submitted to the prosecution wing. Those who went missing between 2009 and 2014 and those involved in the genocide in 2024 will face trial at the tribunal.

Meanwhile, 8 proposals have been made in the draft amendment to the International Criminal Tribunal Law, including banning parties. It has been proposed to ban a political party for up to 10 years if it commits any offense under this Act. Along with this, the draft proposal to add sub-sections to five sections and amend three sections of the Act was presented. Last September 23, the Ministry of Law organized this exchange meeting.

On March 25, 2010, the International Criminal Tribunal was established in the old High Court building. Another tribunal named International Criminal Tribunal-II was formed in 2012 to consider the case. Later, as the number of accused cases decreased, the International Criminal Tribunal-1 was formed. 29 cases are still under trial since 2010. Now the tribunal will deal with all the new complaints. For that there is a need to quickly appoint a judge.

The International Criminal Tribunal consists of three judges. Among them a chairman and two other members. Article 95(1) of the Constitution states, ‘The Chief Justice shall be appointed by the President and the President shall appoint other judges in consultation with the Chief Justice.’ If he is not an advocate, or (b) has not held any judicial office within the national boundaries of Bangladesh for at least 10 years, or (c) does not have the qualifications prescribed by law for appointment as a judge of the Supreme Court, he shall not be eligible for appointment as a judge.’

The then Awami League government formed the International Crimes Tribunal on March 25, 2010 to try organized crimes against humanity during the liberation war. The tribunal has adjudicated 55 cases in the last 14 years following the formal process of prosecution of crimes against humanity during the liberation war.

Initiatives have been taken to try the July-August genocide under the International Criminal Tribunal Act enacted in 1973. Section 3 (1) of the Act of 1973 provides that any person or group or organization or any member of any armed, defense or auxiliary forces, irrespective of nationality, involved in any of the offenses mentioned in sub-section 2 of the Act, if, on the enactment of this Act, If sooner or later it is committed in Bangladesh territory, the International Criminal Tribunal will have jurisdiction to try and punish it.

On September 23, at the International Criminal Tribunal Law Amendment Seminar, Adviser on Law, Justice and Parliamentary Affairs Professor Nazrul Islam said, “Our task now is to reconstitute the court.” We have the ability to judge. Prosecution and Investigation Teams have already been formed to streamline the activities of the International Criminal Tribunal. Now the important challenge for us is to reconstitute the Board (Tribunal). We have now undertaken to reform the International Crimes (Tribunals) Act, 1973. Our reforms will not stop here. The law will be amended with the opinion of all those who are experts in this matter.

According to the prosecution sources, all the crimes committed in July-August nationwide genocide are crimes against humanity, and they will be tried only in the International Criminal Tribunal. There are currently no judges at the International Criminal Tribunal. Three judges may soon be appointed to the tribunal. Among the three, one is the chairman, the other two are members of the tribunal. After this appointment, the formal trial process will begin. After the chairman of the tribunal retired, no one else was appointed. Member Justice KM Hafizul Alam has joined the High Court Division from the Tribunal. Another member judge AHM Habibur Rahman Bhuiyan was dismissed and the tribunal became judgeless. At present the proceedings of the Tribunal are closed.

On September 7, Supreme Court lawyer Advocate Tajul Islam was appointed as the Chief Prosecutor of the International Criminal Tribunal. Apart from Tajul Islam, four more lawyers have been appointed as prosecutors in the tribunal. In this notification, it is said that Advocate Tajul Islam will enjoy the rank, salary and benefits of Attorney General. Of the remaining four prosecutors. Mizanul Islam will get the rank of Additional Attorney General, Gazi Monawar Hussain Tamim and BM Sultan Mahmud Deputy Attorney General and Abdullah Al Noman Assistant Attorney General.

Then on September 18, the investigative body of the International Criminal Tribunal was reconstituted. The officers of the investigation agency are – Retired Additional DIG of Police. Mazharul Haque, retired Superintendent of Police Muhammad Shahiduliah Chowdhury, Additional Superintendent of Police of Anti-Terrorism Unit, Dhaka. Alamgir, PBI Headquarters Dhaka Additional Superintendent of Police Moha. Monirul Islam, Additional Superintendent of Police, Special Branch of Dhaka Police. Jane Alam Khan, Police Traffic and Driving School Dhaka Assistant Superintendent of Police Syed Abdur Rauf, CID Dhaka Metro Police Inspector Md. Yunus, Police Inspector of Charghat Model Thana Rajshahi. Masood Parvez, RRF Dhaka Police Inspector Muhammad Alamgir Sarkar, CID Dhaka Metro (North) Police Inspector Md. Mashiur Rahman.

Complaints are being filed at the International Criminal Tribunal on behalf of the victims of the killings and genocides and those injured in the shootings in the anti-discrimination movement. In these allegations, Awami League leaders and cadres involved in attacks on individuals and activists at various levels of her government, including former Prime Minister Sheikh Hasina, who resigned in the popular uprising of the student population, are accused. Accused instigators are also journalists. Even the names of Awami League and 14 party political parties as direct order givers of genocide in July-August have been complained to the International Criminal Tribunal.

Former Prime Minister and Awami League President Sheikh Hasina fled the country on August 5 after resigning in the anti-discrimination student uprising. Then the Nobel-winning economist Dr. An interim government headed by Muhammad Yunus was sworn in.