The investigation agency of the International Crimes Tribunal (ICT) has launched a formal investigation against the Awami League (AL) as a party for allegedly committing crimes against humanity in an attempt to suppress the student-led mass uprising last year.
“The investigation process against the Awami League, as a party, has been ongoing. Now, a formal investigation has been initiated against the party,” Chief Prosecutor Tajul Islam told reporters at a briefing at the tribunal premises on Tuesday.
The Chief Prosecutor said an officer had already been appointed to investigate the allegations against the party. He added that the investigating officer would complete the investigation promptly.
“Based on the investigation report, necessary actions will be taken against the Awami League as a party,” he said, adding, “If any other political party is implicated during the investigation, appropriate action will be taken.”
In 2010, Hasina set up the tribunal to prosecute local collaborators of Pakistani forces after an earlier attempt was called off following the assassination of former president Sheikh Mujibur Rahman.
The then top leadership of Jamaat-e-Islami, which opposed the creation of Bangladesh, and a few BNP leaders were either executed or jailed as per the verdict of this special tribunal. The parties termed those cases politically motivated.
Now, Hasina, along with the AL, stands accused of genocide, murder, and widespread human rights abuses during the July-August 2024 uprising, which reportedly left at least 1,400 people dead and several hundreds injured.
A separate fact-finding mission by the UN Office of the High Commissioner for Human Rights corroborated the casualty figures from the crackdown on violent protests that ultimately led to Hasina’s ouster. She is currently in exile in India.
When asked on what basis the investigation would proceed, Tajul said, “It will follow the procedure as laid out by the law. As the investigation progresses, further details will be provided.”
Regarding the potential penalties for the AL as a party in this case, Tajul said a party itself cannot be punished.
“However, the law outlines what kind of punishment can be applied to a party. It includes provisions for confiscating property and issuing directives regarding their leaders and activists,” he said.
Responding to another question about whether other parties in the 14-party alliance, which held meetings at Ganabhaban before the fall of the AL government, will also face investigation, Tajul said, “At this moment, the investigation against the Awami League as a party has begun.
“As the investigation progresses, if it becomes necessary to investigate other parties involved, our investigation team will take appropriate action.”
Meanwhile, the government on Monday night issued an ordinance bringing the third-time amendment to the ICT law within a year.
Following the amendment, Hasina’s opportunity to contest the upcoming general election has been closed.
Asked about the amendment, the Chief Prosecutor said once formal charges are filed against anyone in the ICT, that individual will no longer be eligible to run for elections.
“If they hold a public office, they will lose their eligibility to remain in that position,” he said.
When asked about the legality of the amendments during an ongoing trial, he said, “There is no room for that. The trial against the Awami League as a party is not ongoing. If any law is amended during the trial and it may affect an individual’s trial or influence it, only then such a question can arise.”
The chief prosecutor said the law that has been amended and whatever has been done has yet to take effect.
“If you are referring to participation in elections, that won’t impact anything. It will not violate the principle of justice because the International Crimes Tribunal Act, 1973, is a constitutionally protected law,” he said.
“This law has retroactive effect, and retroactive action is constitutionally validated. Therefore, everything regarding this law is considered lawful and cannot be challenged in court,” he added.
The 15-year rule of the AL came to an end on 5 August 2024, and Hasina fled to India. An interim government, headed by Muhammad Yunus, assumed office within three days.
Dozens of cases were filed against Hasina, AL ministers, MPs, and other party leaders after the uprising.
Since the ouster of the AL government, students protesting discrimination had been demanding a ban on the party.
Subsequently, the government, in an emergency meeting on 10 May, decided to ban all activities of the AL – including in cyberspace – under the Anti-Terrorism Act until the prosecution of the AL and its leaders is completed in the ICT.
