Crimes against humanity: Ex-IGP Mamun offers to be a state witness

The International Crimes Tribunal-1 yesterday framed charges against deposed prime minister Sheikh Hasina and two of her former top aides in a case related to the crimes against humanity during the July uprising.

One of her co-accused, former inspector general of police Chowdhury Abdullah Al-Mamun, pleaded guilty and appealed to become a state witness (a witness for the prosecution).

This is the first time an accused has made such a plea at the ICT since its formation in 2010. This is also the first time accused have been charged at the ICT in a case over atrocities during the uprising. 

The charges against the trio include murder, attempted murder, torture, and the use of lethal weapons and other crimes against humanity.

The ICT-1 set August 3 and August 4 for the opening statements of the prosecution and the defence and the recording of witness depositions.

The other person accused in the case, former home minister Asaduzzaman Khan Kamal, remains absconding. Hasina has been in India since she fled to the neighbouring country on August 5 last year.

The trio is also charged with crimes against humanity for their "superior command responsibility, conspiracy, incitement, instigation, facilitation, abetment, complicity, failure to punish, failure to prevent crimes".

Having read out the charges, Judge Md Mohitul Hoque Anam Chawdhury asked ex-IGP Mamun, "Do you plead guilty?"

In a surprise move, with all eyes in the packed courtroom on Mamun, he pleaded guilty.

"I will voluntarily disclose the truth and make full disclosure of the whole of the circumstances within my knowledge relating to the case," the former police chief said.

Tajul Islam, chief prosecutor of the ICT, later at a briefing said Mamun had applied to become an approver, and the court has granted the request. 

In legal contexts, an approver is a person who, having been involved in a crime, confesses their guilt and agrees to testify against their accomplices in exchange for leniency or immunity.

Jaiad Bin Amjad, lawyer for Mamun, told The Daily Star that he had submitted an application for his client to become an approver. "The court has granted it. So, from now on, he is considered an approver, not an accused. However, if the tribunal is not convinced by his statement later, it can still treat him as an accused. This is part of the legal process."

Judge Mohitul read the charges as instructed by tribunal chair Justice Md Golam Mortuza Mozumder.

Each charge against Hasina begins with a context from her press conference of July 14, 2024. The charges state that as prime minister and political head of the Awami League-led 14-party alliance, Hasina made inflammatory remarks likening protesters with "grandchildren of Razakars" or collaborators of the Pakistani forces during the 1971 Liberation War.

These comments incited law enforcement officials and armed party cadres, according to the charges. Hasina then issued the order to use lethal force, the prosecution alleged, adding that in turn, the former home minister and ex-IGP executed the orders through subordinate commanders.

The judge read on, "As a result, coordinated armed attacks were carried out nationwide on innocent protesters demanding quota reforms. Drones were used to locate protest sites, followed by attacks with firearms and helicopters. At least 1,500 people were killed and 25,000 injured -- many suffering permanent blindness and disabilities."

He also said the victims were denied medical treatment, and no post-mortem examinations were carried out. In the case of Abu Sayed, a student of Begum Rokeya University in Rangpur who was shot dead, the post-mortem report was changed four times.

The judge also said that six people were burned -- five already dead and one still alive at the time -- in an attempt to destroy evidence.

The ICT-1 member also said the tribunal believes there is enough evidence to presume the accused knowingly and systematically committed offences under the International Crimes (Tribunals) Act, 1973.

"Thereby, Sheikh Hasina, Asaduzzaman Khan Kamal, and Chowdhury Abdullah Al-Mamun are formally indicted," he announced.

Former police chief Mamun appeared sombre in the dock in a purple chequered half shirt and gray trousers. Security was tight, with extra police deployed around the tribunal premises.

THE CHARGES

Charge 1: This charge specifies that following Hasina's July 14 press briefing, former home minister Asaduzzaman, former IGP Mamun, and other high officials of the then government abetted, assisted, and were complicit in the severe and systematic attacks on innocent, unarmed students and masses.

Charge 2: This charge is related to Hasina ordering the use of drones and helicopters along with lethal weapons to subdue protesters. It mentions the telephonic conversation between Hasina and former Dhaka South mayor Fazle Noor Taposh and former Dhaka University vice-chancellor Prof ASM Maksud Kamal where the former premier spoke about the order. The prosecution charged Asaduzzaman and Mamun with facilitating and executing this directive by issuing instructions to law enforcers.

The defendants have been charged with ordering, facilitating, being complicit in, and conspiring to commit these crimes against humanity, knowingly and systematically.

Charge 3: This charge is related to the killing of Rangpur student Abu Sayed.

As part of the widespread and systematic attacks on unarmed student protesters, on July 16, police shot Sayed several times without provocation. The doctor concerned was forced to alter his post-mortem report four times to conceal the actual cause of death. The defendants ordered, incited, abetted, facilitated, were complicit and conspired to commit these crimes against humanity.

Charge 4: This count is related to the shooting and killing of six unarmed protesters in Dhaka's Chankharpul on August 5 last year.

The prosecutors said the atrocities in Chankharpul were carried out on the defendants' orders, and with incitement, abetment, facilitation, complicity, and conspiracy, constituting crimes against humanity.

Charge 5: The defendants are charged with the shooting of six student protesters, five of whom were killed and burned, while the sixth was reportedly set on fire while still alive, in Ashulia on August 5 last year.

As the judge read the word "burned", he paused and muttered, "Nauzubillah!"

The prosecution contends that the atrocity was carried out knowingly with the defendants' orders, incitement, abetment, facilitation, complicity, and conspiracy, constituting crimes against humanity, including other inhumane acts such as torture and murder.