Seven sentenced to death for crimes against humanity

Seven people, including banned Awami League General Secretary and then Road Transport and Bridges Minister Obaidul Quader, have been sentenced to death by International Crimes Tribunal-2 in a case over crimes against humanity committed during the 2024 uprising.

The three-member tribunal, headed by Justice Nazrul Islam Chowdhury, delivered the verdict at around 12:15 pm yesterday, Tuesday, before a packed courtroom. The other two members are Justice Md Manzurul Bashid and Justice Nur Mohammad Shahriar Kabir.

Alongside the death sentences, the tribunal ordered 50 percent of the assets of five convicts to be confiscated and placed under government control, with the proceeds to be distributed among the martyrs and injured persons of the July uprising. Apart from Obaidul Quader, the other death-row convicts are banned Awami League Joint General Secretary A.F.M. Bahauddin Nasim; then Information and Broadcasting Minister Mohammad Ali Arafat; banned Jubo League President Sheikh Fazle Shams Parash; the organisation’s General Secretary Mainul Hossain Khan Nikhil; banned Chhatra League President Saddam Hossain; and its General Secretary Wari Asif Enan.

Obaidul Quader, accused No. 1 in the case, was found guilty and sentenced to death. Accused No. 2 was found guilty and sentenced to life imprisonment, while Accused No. 3 was sentenced to death. Accused No. 4 was also found guilty and sentenced to death.

Of the four charges brought against Bahauddin Nasim, he was acquitted of charge No. 2 as it was not proven. However, charges No. 3 and 4 were proven beyond reasonable doubt, and he was sentenced to death.

Mohammad Ali Arafat was sentenced to death after charges No. 1 and 2 against him were proven beyond reasonable doubt. He was, however, acquitted of charge No. 3.

Sheikh Fazle Shams Parash was acquitted of charge No. 1 but was found guilty of charges No. 2, 3 and 4 and sentenced to death.

Mainul Hossain Nikhil was found guilty of charge No. 1 and sentenced to life imprisonment. He was also found guilty of charges No. 2, 3 and 4 and sentenced to death under separate provisions.

Saddam Hossain was found guilty of charges No. 1 and 2 and sentenced to life imprisonment under separate provisions. He was also found guilty of charges No. 3 and 4, considered together, and sentenced to death.

Enan was sentenced to life imprisonment separately on charges No. 1 and 2. After charges No. 3 and 4 were considered together, the tribunal found him guilty and sentenced him to death.

The verdict was pronounced in the absence of all seven accused. Chief Prosecutor Mohammad Aminul Islam said the sentences would be executed whenever they are found.

At the beginning of the verdict reading at around 12:15 pm yesterday, Tribunal-2 Chairman Justice Nazrul Islam thanked the investigation officer, prosecution, state defence, journalists and everyone involved in the case. He also said the case documents weighed 25 kilograms. The tribunal chairman remarked that the full verdict could have been read if the accused had been present. He later announced the sentences handed down for the four charges.

After handing down the death and life sentences, the tribunal ordered the confiscation of 50 percent of all movable and immovable property belonging to Obaidul Quader, Nasim, Arafat, Parash and Nikhil in favour of the state. It directed that compensation be provided to the martyrs and injured persons of the July 2024 uprising or their families through the ‘July Foundation’ or another statutory institution, using proceeds from the sale of the confiscated assets.

Chief Prosecutor Md Aminul Islam, Prosecutors Gazi M.H. Tamim, Faruk Ahmed, Abdus Sobhan Tarafdar, Zahirul Amin, Moinul Karim and other prosecutors were present on behalf of the prosecution during the delivery of the verdict. Several witnesses who testified in the case were also present in the courtroom.

The charge sheet stated that the accused jointly issued instructions, incited violence and made provocative statements to suppress the July-August uprising. They called on party leaders and activists to take to the streets and build resistance and planned violence at several meetings. In some places, they played roles in armed attacks, harsh repression and controlling the media. Their activities resulted in killings, attempted killings and widespread violence across the country, according to the charge sheet.

Chief Prosecutor Md Aminul Islam expressed satisfaction with the verdict. Asked where the convicted accused are currently located, he said they had no specific information so far. However, he said that as they are now convicted, if their whereabouts are identified, effective measures will be taken to arrest them and bring them back to Bangladesh.

He said the tribunal had sentenced seven accused to death in the case over crimes against humanity committed during the July mass uprising. Life imprisonment was also handed down on some charges. In addition, the court ordered 50 percent of the movable and immovable assets of five accused to be confiscated in favour of the state. The verdict stated that the proceeds would be distributed among the families of those killed and injured in the July movement through the July Foundation or another statutory body.

He said each accused faced four charges in the case. Most of the charges against them were proven beyond reasonable doubt, resulting in the verdict. “We are grateful for this verdict. We are satisfied with it,” he said.

The Chief Prosecutor said the evidence had established the superior command responsibility and individual liability of the accused. He said a decision to impose a curfew and use lethal weapons was taken at a meeting of the 14-party alliance on July 19, 2024, and that indiscriminate shootings and killings took place following Obaidul Quader’s “shoot-at-sight” order.

Asked about Mohammad Ali Arafat and others commenting on the Facebook pages of various media outlets, he said they were aware of all the proceedings of the tribunal. Although their trials were ongoing, they did not appear to face the proceedings. “It must be clearly understood that the accused are deliberately absconding. They are absconding because they have committed crimes. Therefore, any statement made by them is not legally acceptable,” he said.

He added that when an accused deliberately remains absconding, the proceedings are conducted in accordance with the provisions of law. “Therefore, there is no scope for human rights organisations to comment on this either,” he said.

Regarding the confiscation of property, the Chief Prosecutor said there would be a 30-day period for appeal after publication of the verdict. During those 30 days, there may be no scope to confiscate any property or hand it over for other management. However, after 30 days, there would be no legal obstacle for the Bangladesh government to implement the verdict.