Cases piling up as Judge’s post lying vacant

The current interim government has taken the initiative to move to the International Crimes Tribunal to take action against those involved in killings during the recent mass student protests against Sheikh Hasina’s Awami League government over a controversial job quota system. The protests turned violent after the ruling party’s student wing attacked protesters, plunging the country into chaos and forcing Hasina to flee. In this regard several cases are being filed in the tribunal. However, the trial work of the International Crimes Tribunal which was established on March 25, 2010 for the trial of crimes against humanity is now completely closed. There is no Jude currently at the International Crimes Tribunal.

Judge AHM Habibur Rahman Bhuiyan who was the last member of the tribunal, was relieved from his position on August 27 following his appeal. After his dismissal, the judge’s post is currently vacant. Earlier on February 27 this year, Crimes against Humanity of the International Crimes Tribunal for the was reconstituted with Justice Md. Abu Ahmed Jamadar as the new chairman. On the other hand, Dhaka District and Sessions Judge AHM Habibur Rahman Bhuiyan, who was on post-retirement leave (PRL), was made a new member. And the other member Justice KM Hafizul Alam was retained in his post. Meanwhile, Chairman Justice Abu Ahmed Jamadar went to retirement last June. Justice KM Hafizul Alam was brought back to the High Court this month.

Dr. Asif Nazrul, the law adviser to the interim government said on August 14, “July Genocide will be tried at the International Crimes Tribunal.” There have already been some cases for trial in the massacre and shooting incident. We ourselves, various student organizations, human rights organizations and people from all walks of life have demanded that there is an opportunity to try this as a crime against humanity. We looked into the matter. There is an International Crimes Tribunal Act of 1973, which was later amended in 2009 and 2013. We are working to bring those responsible to justice at the International Crimes Tribunal for July genocide including the massacre of the first five days of August. The International Crimes Tribunal has an investigation team and a prosecution team. We are trying to reorganize them, and will start the court a little later.

Seven complaints have already been filed with the International Crimes Tribunal for the killings during the anti-discrimination student movement. One of these is the murder of Hefazat activist at Shapla Chattar on May 5, 2013, and the rest are complaints from the families of the victims who were killed during the anti-discrimination student movement. On 29 August, 52 people including former Prime Minister Sheikh Hasina have been charged with the Investigation agency of the International Crimes Tribunal in connection with the massacre surrounding the anti-discrimination student movement. 32 senior journalists have been accused of inciting the massacre. Lawyer Gazi H Tamim filed a complaint on behalf of Golam Razzak, father of deceased Nasif Hasan Riyad, who was killed in the movement at the office of the ICT investigation agency in Dhanmondi in the capital.

After the formation of the International Crimes Tribunal in 2010, another tribunal was formed on 22 March 2012, which came to be known as Tribunal-II. Then on September 15, 2015, the two tribunals were merged into one tribunal. So far 44 cases have been adjudicated from Tribunal-1 and 11 from Tribunal-2. The number of convicts convicted in these cases is 149. At present 30 cases are pending in the Tribunal at pre-trial, trial and presentation of arguments stage. According to the State party, out of 149 convicts, 106 were sentenced to death. 50 of them are still absconding.