Crimes against humanity: Quader, Arafat, Saddam among 7 sentenced to death

The International Crimes Tribunal has sentenced seven people, including Awami League General Secretary Obaidul Quader to death for “crimes against humanity” committed during the July Uprising.

Tribunal-2 headed by Justice Nazrul Islam Chowdhury delivered the verdict on Tuesday.

The two other members of the tribunal are Judge Md Manjurul Basid and Judge Noor Mohammad Shahriar Kabir.

Besides Quader, the other convicts are Awami League Joint General Secretary AFM Bahauddin Nasim, former state minister for information and broadcasting Mohammad Ali Arafat, Jubo League President Sheikh Fazle Shams Parash and General Secretary Mainul Hossain Khan Nikhil, and Chhatra League president Saddam Hossain and general secretary Sheikh Wali Asif Enan.

In addition to their death sentences, the tribunal has also ordered that half the assets of all but Saddam and Enan be seized and used to help the families of those killed or injured during the July Uprising.

The tribunal's Chief Prosecutor Aminul Islam told bdnews24.com, "Our rules and statutes provide for seizure of assets of up to 75 percent. This is the first time our tribunal has confiscated 50 percent of movable and immovable properties.

"The tribunal has ordered the seizure of 50 percent of their property and the distribution of it among the martyrs and injured through the [July Shaheed Smrity Foundation] or any statutory institution."

In response to the verdict, he said: "We are satisfied with this verdict and think it was expected.

"About 1,400 people have been killed, 25,000 people have been maimed. [On Tuesday], we think justice has been done for those martyred or injured."

Name	Charge	Sentence
Obaidul Quader	Charge No. 1	Death sentence
	Charge No. 2	Imprisonment until death
	Charge No. 3	Death sentence
	Charge No. 4	Death sentence
AFM Bahauddin Nasim	Charge No. 1	Imprisonment until death
	Charge No. 2	Acquittal
	Charge No. 3, 4	Death sentence
Mohammad Ali Arafat	Charge No. 1, 4	Death sentence
	Charge No. 2	Imprisonment until death
	Charge No. 3	Acquittal
Sheikh Fazle Shams Parash	Charge No. 1	Acquittal
	Charge No. 2	Imprisonment until death
	Charge No. 3	Death sentence
	Charge No. 4	Death sentence
Mainul Hossain Khan Nikhil	Charge No. 1	Imprisonment until death
	Charge No. 2	Death sentence
	Charge No. 3	Death sentence
	Charge No. 4	Death sentence
Saddam Hossain	Charge No. 1	Imprisonment until death
	Charge No. 2	Imprisonment until death
	Charge No. 3, 4	Death sentence
Sheikh Wali Asif Enan	Charge No. 1	Imprisonment until death
	Charge No. 2	Imprisonment until death
	Charge No. 3, 4	Death sentence

The trial of the case proceeded in absentia with all seven accused being declared absconders. State-appointed lawyers M Hasan Imam and lawyer Israt Jahan argued on their behalf. Prosecutors Mizanul Islam and Gazi MH Tamim appeared for the state.

State-appointed lawyer Israt told bdnews24.com, “I have tried my best to get the accused acquitted based on all the evidence and documents.

“I have made arguments and cross-examinations as per the law. But the honourable tribunal has sentenced four of my accused to death and life imprisonment on various charges.”

Saddam, Enan, Nikhil and Parash’s lawyer Israt said, “As lawyers, we are obliged to accept the tribunal’s verdict. We do not have the audacity to speak against the tribunal’s verdict. I accept the tribunal’s verdict, I respect it. But I am not satisfied with this verdict.”

Hasan, the lawyer for Quader, Nasim and Arafat, told bdnews24.com: “We tried our best. We interrogated, argued. Starting from World War II, we explained everything to the honourable tribunal about the advantages and disadvantages of the principle of common responsibility. I cannot say whether our statements were taken into account in the verdict or not without seeing the verdict.”

He said, “I was a judge. As such, I am saying that we have no jurisdiction to speak against the judgment of the honourable judges, nor do we have the audacity to do so. However, I am not satisfied with this verdict either.”

Commenting on the need to appeal if there is a chance, he said: “Maybe we can get a better result in the appeal, In Sha Allah, in the coming days.”

From Framing of Charges to the Verdict

On Dec 18 last year, the tribunal took cognisance of the formal charges submitted by the prosecution and issued arrest warrants against the seven accused.

On Jan 22 this year, the tribunal ordered the trial to begin after framing charges against them.

The trial formally began on Feb 17 with opening statements. On that day, MA Razzaq, father of the slain Asif Iqbal, gave evidence as the first witness. A total of 29 witnesses, including the investigating officer, testified before the tribunal for the prosecution in the case.

After the arguments concluded on Aug 17, the Tribunal-2 kept the case waiting for judgment under the “CAV” (Curia Advisari Vult) status. The tribunal later set Monday as the date for delivering the verdict.

The International Crimes Tribunal, reconstituted following the student-people’s uprising, is conducting trials for “crimes against humanity” committed during the July mass uprising.

So far, the two tribunals have delivered verdicts in six cases involving crimes against humanity committed during the July Uprising. A total of 61 accused have been sentenced in those cases. Among them, 15 people—including ousted prime minister Sheikh Hasina and former home minister Asaduzzaman Khan—have been sentenced to death. Of those sentenced to death, 11 are fugitives and four are in custody.

Tuesday’s verdict will be the seventh verdict in a crimes-against-humanity case related to the July mass uprising.

Common Charges and Provisions Against All Seven Accused

All seven accused have been charged with carrying out widespread and systematic attacks, killings and torture against innocent students and members of the public across the country between Jul 1 and Aug 5.

The formal charges allege that, at the direction, instigation, incitement and involvement of the accused, more than 1,400 protesters were killed and more than 25,000 people were seriously injured through the use of lethal weapons.

All seven have been charged with crimes against humanity under Sections 3(2)(a), (g), (h) and 4(1), (2) and (3) of the International Crimes (Tribunals) Act, 1973, on allegations including ordering and inciting crimes, conspiracy, and failure to prevent crimes.

Charges Against Each Accused - Obaidul Quader

According to the formal charges, on Jul 11, 2024, Obaidul Quader instructed Chhatra League President Saddam Hossain to suppress the movement, saying, “Why aren’t you beating them? Why are you encouraging them?”

The charge sheet says that at a press conference at the party office in Dhanmondi on Jul 15, he instructed the Chhatra League to act against the protesters, saying, “Chhatra League will respond to the self-proclaimed Razakars.”

He has also been accused of ordering that internet services be slowed, directing police and Rapid Action Battalion (RAB) personnel to fire from helicopters, and issuing a “shoot-on-sight” order on Jul 19.

The charge sheet further says that he discussed various plans to suppress the movement during a phone conversation with former foreign minister Hasan Mahmud.

AFM Bahauddin Nasim

According to the charge sheet, Awami League Joint General Secretary AFM Bahauddin Nasim instructed and incited Chhatra League members to attack protesters while sitting at the party office on Jul 9 and 15.

The charges allege that he continuously supervised efforts to suppress the movement in his home district of Madaripur and that several killings took place there on his instructions.

He is also accused of making an inflammatory statement on Aug 4 at Farmgate, describing protesters as “anti-liberation” forces and terrorists.

The charge sheet says that 13 people were killed in armed attacks in Dhaka-8 at Nasim’s instigation.

Mohammad Ali Arafat

According to the charge sheet, Mohammad Ali Arafat, then state minister for information in the Awami League government, made inflammatory statements about the protesters at press conferences on Jul 13 and 19.

He is also accused of conducting a show of force with outsiders at Dhaka University on the night of Jul 14 and planning attacks.

The charges allege that under his overall supervision, attacks were carried out in the Mohakhali and Gulshan areas of Dhaka-17 on Jul 19, killing several protesters.

He has additionally been accused of playing a role in shutting down the broadcasts of several television channels for reporting on the government’s use of force to suppress the movement.

The charge sheet says he had a role in the shutdown of several television channels on Jul 18 and 22.

Sheikh Fazle Shams Parash

According to the formal charges, Sheikh Fazle Shams Parash, then chairman of the Jubo League, instructed members under his command to attack protesters while “armed.”

The charge sheet says armed cadres of the Jubo League, Awami League and its affiliate organisations carried out attacks during the movement under his direction and leadership.

It also states that at least 23 people were killed by gunfire and more than 2,500 students and members of the public were injured across the country on Jul 18.

Parash is also accused of making an “inflammatory statement” on Aug 1, describing the anti-discrimination movement as “aggression” and calling for Jamaat-e-Islami and Islami Chhatra Shibir to be banned.

Mainul Hossain Khan Nikhil

According to the charge sheet, Mainul Hossain Khan Nikhil, then Jubo League general secretary, made an inflammatory speech in Sylhet on Jul 12 and instructed Jubo League activists to remain prepared.

He is accused of participating in attacks at Dhaka University on Jul 14 and 15 and of leading a procession with armed party cadres in the Mirpur area on Jul 19.

The charge sheet says that 26 people, including Rustam and Asif Iqbal, were killed in indiscriminate firing in Mirpur under Nikhil’s direct leadership and instructions.

Saddam Hossain

The charge sheet says Chhatra League President Saddam Hossain threatened protesters at Dhaka University on Jul 11, saying that “no one would be spared.”

He is also accused of making plans to suppress the movement after receiving direct instructions from Obaidul Quader.

According to the charge sheet, Saddam spoke to Obaidul Quader by phone on the afternoon of Jul 11, during which he was instructed to suppress the movement.

He is accused of directly leading attacks at Dhaka University on Jul 14 and 15 involving outsiders and of obstructing medical treatment for injured students.

The charge sheet further alleges that following Saddam’s speech at Raju Sculpture on Jul 16, armed groups of the Chhatra League attacked protesting students at educational institutions in Dhaka and elsewhere across the country.

Sheikh Wali Asif Enan

According to the charge sheet, Sheikh Wali Asif Enan, then Chhatra League general secretary, intimidated protesters on Jul 13 at Madhur Canteen under the guise of a “door-to-door campaign.”

He is accused of being present at the scene wearing a helmet and directly supervising the attacks at Dhaka University on Jul 14 and 15.

The charge sheet says that a leaked conversation aired by Al Jazeera indicated that he had received direct instructions from party chief Sheikh Hasina and that he implemented those instructions across the country.