Formal Charge

This is an unofficial translation of the second part of the formal charge that relates specifically to the accused

4. Individual Liability of the Accused:-

4.1 Accused Rashed Khan Menon: During the 36-day July uprising of 2024, the then Prime Minister and President of the Awami League, Sheikh Hasina, together with members of her Cabinet, Members of Parliament, and the Awami League, Jubo League and Chhatra League together with their associate organisations and the leadership of the 14-Party Alliance, collectively took decisions and committed crimes against humanity throughout the country, in which one of the principal collaborators was accused Rashed Khan Menon, an ally within the 14-Party Alliance and President of the Workers Party. Accused Md. Kamrul Islam, a Presidium member of the Bangladesh Awami League, and accused Rashed Khan Menon played crucial roles in the decision-making of the 14-Party Alliance. The then President of the Awami League and Prime Minister, Sheikh Hasina, leading the 14-Party Alliance, at a press conference at Ganabhaban on 14 July, made provocative remarks describing the protesters as “Razakars”, “children of Razakars” and “grandchildren of Razakars”. She directed the use of drones, helicopters and lethal weapons to suppress the movement. Through consultation at various times with the leadership of the 14-Party Alliance, senior leaders of the Awami League, sycophantic intellectuals loyal to the Awami League, and business leaders, Sheikh Hasina, in suppressing the movement, by identifying protesters’ whereabouts through drones, by encirclement, by the use of helicopters and through the police, BGB, RAB, the Awami League and the armed cadres of the 14-Party Alliance, directed the use of lethal weapons to kill peaceful protesters. The General Secretary of the Awami League, Obaidul Quader, gave directions and incitement for repression to be carried out against peaceful protesters.

The Awami League and the 14-Party Alliance, disregarding the planned killings and repression, allowed the innocent, unarmed students and public to continue their peaceful movement.

On the night of 19 July, in order to intensify, by lethal weapons, the killing and repression of the innocent, unarmed peaceful protesters and thereby crush the movement, a meeting of the 14-Party Alliance was called at Ganabhaban. Present at that meeting were the then Prime Minister Sheikh Hasina, the coordinator and spokesperson of the 14-Party Alliance Amir Hossain Amu, the President of the Workers Party (an ally within the 14-Party Alliance) accused Rashed Khan Menon, and the Presidium member of the Awami League, accused Md. Kamrul Islam. At the meeting, in order to suppress by any means the peaceful movement of the innocent, unarmed students and public across the country, a decision was taken to declare martial law (curfew) nationwide, under which any protester or supporter of the movement who was sighted would be shot. Upon taking that decision, a decision was also taken to deploy the army nationwide to enforce it. Accused Rashed Khan Menon, President of the Workers Party (an ally in the 14-Party Alliance), and accused Md. Kamrul Islam, Presidium member of the Awami League, played key roles at the meeting, having given prior support to the decision to declare curfew nationwide and, upon consultation, giving their unanimous consent to it. Accused Rashed Khan Menon and Md. Kamrul Islam unanimously approved the decision to impose curfew. At the close of the meeting, accused Rashed Khan Menon and accused Md. Kamrul Islam, in the presence of other leaders of the 14-Party Alliance, disclosed the decision to declare curfew to the press on behalf of the 14 parties. At the close of the meeting, on behalf of the 14 parties, the General Secretary of the Awami League and then Bridges Minister, Obaidul Quader, announced the imposition of curfew nationwide. He further announced that protesters, wherever sighted, would be shot – that is, he declared a “shoot on sight” order. Following this decision, martial law, i.e. curfew, was declared that very night throughout the country. The Awami League and the 14-Party Alliance held meetings at various places to give effect to various collective decisions to suppress the movement, including the imposition of curfew, and, alongside the law-enforcement agencies, themselves also deployed in an armed capacity.

Accused Rashed Khan Menon, by direction, incitement, assistance, complicity and by taking advantage of the opportunity created by the leadership, used lethal weapons to suppress the peaceful movement of the innocent, unarmed students and public through the nationwide imposition of curfew, thereby killing more than 1,400 people and causing grievous injury to more than 25,000 people across the country (among those injured, some had the tops of their skulls blown off, some had their jaws destroyed and faces disfigured, some permanently lost the sight of both eyes, some permanently lost the sight of one eye, some suffered a severe reduction in eyesight, some had a hand amputated, some had a leg amputated, some had a foot severed, some became permanently disabled, and some are suffering excruciating agony with hundreds of pellets lodged in their bodies). This attack on the innocent, unarmed protesters was carried out using drones to identify protesters, by deploying helicopters, and by firing SMGs, Chinese rifles and other lethal weapons. Even after death, many of the bodies were disposed of, treatment of the injured was obstructed, doctors were compelled to alter causes of death, many of the deceased were buried as unclaimed, burial was obstructed, and even the inhuman act of burning the bodies after killing was carried out.

Pursuant to the decision to impose curfew taken on the night of 19 July 2024, an extensive campaign of killing was carried out over the period from 20 July 2024 to 5 August 2024. Pursuant to that decision, as part of the killing and repression carried out nationwide, from 20/07/2024 to 05/08/2024 the law-enforcement agencies and Awami League cadre forces indiscriminately opened fire on unarmed, discrimination-opposing protesting students and members of the public in Baddha and the surrounding area of the capital, killing at least 23 (twenty-three) persons. Accused Rashed Khan Menon was directly connected with the foregoing through direction/incitement/assistance/complicity/facilitation. He took no measures to prevent the said killings. He took no steps to have the perpetrators punished.

At the meeting of the Awami League-led 14-Party Alliance held under the chairmanship of Sheikh Hasina on 29/07/2024, accused Rashed Khan Menon, President of Jasad [sic], another ally within the 14-Party Alliance, being personally present, in order to suppress the movement and divert it into a different course, described the protesters as BNP, Jamaat, extremists and communal elements. Accused Rashed Khan Menon lent legitimacy to the killings and repression carried out by the armed cadres of the law-enforcement agencies, the Awami League and the 14-Party Alliance, by directing, inciting, encouraging and assisting a proposal to ban a long-standing political party, Bangladesh Jamaat-e-Islami, and by facilitating its implementation.

As a result, more than 1,400 people were killed and more than 25,000 people were grievously injured nationwide (among the injured, some had the tops of their skulls blown off, some had their jaws destroyed and faces disfigured, some permanently lost the sight of both eyes, some permanently lost the sight of one eye, some suffered a severe reduction in eyesight, some had a hand amputated, some had a leg amputated, some became permanently disabled, and some are suffering excruciating agony with hundreds of pellets lodged in their bodies), and crimes against humanity in the nature of detention and torture were committed. Even after death, many of the bodies were disposed of, treatment of the injured was obstructed, doctors were compelled to alter causes of death, many of the deceased were buried as unclaimed, and burial was obstructed. Even the inhuman act of burning bodies after killing was carried out.

This was part of a directive to give effect to the plan to suppress the movement – by identifying and locating protesters through drones, determining position and target, and using helicopters to fire upon them – so as to render Sheikh Hasina’s 14-Party Alliance government’s grip on power unassailable, unquestionable and permanent, by Sheikh Hasina’s use of lethal weapons to kill protesters by shooting.

Through the nationwide use of lethal weapons in this manner, more than 1,400 students and members of the public taking part in this discrimination-opposing movement were killed, more than 25,000 students and members of the public were seriously injured, and other victims were subjected to torture. Accused Rashed Khan Menon is directly implicated in this, and he was one of the principal directors of the commission of all these offences and an accomplice in their commission. These offences were committed nationwide, on a widespread scale, in a systematic manner and with a targeted design, with the knowledge of the accused, with which accused Rashed Khan Menon is directly connected.

By directing, inciting, assisting, being complicit in, conspiring in, taking advantage of the opportunity, and taking no measure to prevent the killings or to punish the perpetrators, in respect of the aforesaid crimes against humanity, accused Rashed Khan Menon has committed offences punishable under sections 3(2)(a), (g), (h), 4(1), 4(2), 4(3) of The International Crimes (Tribunals) Act, 1973, which are punishable under sections 20(2), 20A of the same Act.

4.2 Accused Md. Kamrul Islam: Accused Md. Kamrul Islam, by direction/incitement/assistance/complicity/facilitation of the perpetrators, in order to suppress by lethal weapons the peaceful movement of innocent, unarmed students and the public, through the nationwide imposition of curfew, killed more than 1,400 people and caused grievous injury to more than 25,000 people (among those injured, some had the tops of their skulls blown off, some had their jaws destroyed and faces disfigured, some permanently lost the sight of both eyes, some permanently lost the sight of one eye, some suffered a severe reduction in eyesight, some had a hand amputated, some had a leg amputated, some became permanently disabled, and some are suffering excruciating agony with hundreds of pellets lodged in their bodies). This attack on the innocent, unarmed protesters was carried out using drones to identify protesters, deploying helicopters, and firing with SMGs, Chinese rifles and other lethal weapons. Even after death, many of the bodies were disposed of, treatment of the injured was obstructed, doctors were compelled to alter causes of death, many of the deceased were buried as unclaimed, and burial was obstructed. Even the inhuman act of burning bodies after killing was carried out.

Pursuant to the decision to impose curfew taken on the night of 19 July 2024, widespread and extensive killings were carried out from 20 July 2024 to 5 August 2024. Pursuant to that decision, as part of the nationwide killing and repression, from 20/07/2024 to 05/08/2024 the law-enforcement agencies and Awami League cadre forces indiscriminately opened fire on unarmed, discrimination-opposing protesting students and members of the public in Baddha and the surrounding area of the capital, killing at least 23 (twenty-three) persons. Accused Md. Kamrul Islam was directly connected with the foregoing. He took no measures to prevent the said killings. He took no steps to have the perpetrators punished.

At a public meeting in Keraniganj on 26/07/2024, accused Md. Kamrul Islam, being personally present, in order to suppress the discrimination-opposing movement of students and the public and divert it into a different course, by directing the labelling of protesters as BNP, Jamaat, extremists and communal elements, by inciting, and by assisting the law-enforcement agencies and the armed cadres of the Awami League and the 14-Party Alliance, lent legitimacy to the killings and torture carried out by them. This was done in order to render Sheikh Hasina’s 14-Party Alliance government’s grip on power unassailable, unquestionable and permanent, through Sheikh Hasina’s use of lethal weapons to suppress the students’ and public’s movement, by identifying and locating protesters through drones, determining targets by the use of helicopters, and by shooting them.

Through the nationwide use of lethal weapons in this manner, discrimination-opposing protesting students and members of the public in particular were killed to the extent of more than 1,400 martyred in this movement, more than 25,000 seriously injured, and other victims tortured. Accused Md. Kamrul Islam is directly implicated in this, and he was one of the principal directors of the commission of all these offences and an accomplice in their commission. These offences were committed nationwide, on a widespread scale, in a systematic manner and with a targeted design, with the knowledge of the accused, with which accused Md. Kamrul Islam is directly connected.

Upon my overall investigation, accused Md. Kamrul Islam, by directing, inciting, assisting, conspiring, being complicit, facilitating, and by taking no measure to prevent the killings and no measure to punish the perpetrators, has committed the aforesaid crimes against humanity and has thereby committed offences under sections 3(2)(a), (g), (h), 4(1), 4(2), 4(3) of The International Crimes (Tribunals) Act, 1973, punishable under sections 20(2), 20A of the same Act.

5. Superior Position of the Accused in the Commission of the Offence (Joint Criminal Enterprise [JCE]/Command Responsibility):-

While occupying the highest positions in the government and in the ruling Awami League and 14-Party Alliance, and in the decision-making process, accused Rashed Khan Menon and Md. Kamrul Islam, being loyal not to the State but to keeping Sheikh Hasina in power, took decisions to declare curfew for the killing/torture, by lethal weapons, of innocent, peaceful protesters, and, by inciting/instigating/consulting/assisting/being complicit with Sheikh Hasina and the leadership of the 14-Party Alliance, declared curfew nationwide, deployed the army, and, through the law-enforcement agencies and the armed cadres of the Awami League, killed and injured protesters and subjected them to torture in the Dhaka metropolitan area, including Baddha and its surrounding areas. With their assistance and encouragement, at least 23 (twenty-three) innocent, unarmed students and members of the public were killed between 20/07/2024 and 5 August 2024. This is one of the offences committed by the accused pursuant to directions given from their superior positions (Joint Criminal Enterprise [JCE]/Command Responsibility), for which the accused are individually and jointly liable, as those under their command – the law-enforcement agencies and Awami League armed cadres – used lethal weapons against innocent, unarmed students and the public and killed them ruthlessly. On the facts and evidence obtained in the investigation, it is apparent that the accused have committed the offence of organising an offence under section 3(2) of The International Crimes (Tribunals) Act, 1973, committed from a superior position under sections 4(2), 4(3) of the said Act, and their legal liability stands clearly established.

Specific charges

Specific Charge-01: Accused Rashed Khan Menon and accused Md. Kamrul Islam, in collusion with the then Prime Minister Sheikh Hasina and the 14-Party leadership, in suppressing the student movement, imposed curfew and, by using lethal weapons against the students and the public, gave directions to make their killing effective, thereby committing crimes against humanity which have been made effective with their knowledge.

Type of offence: Murder, attempt to murder, torture and other inhuman acts, through order, abetment, incitement, complicity and conspiracy, constituting crimes against humanity under sections 3(2)(a), (g), (h), 4(1), (2), (3) of The International Crimes (Tribunals) Act, 1973, punishable under sections 20(2), 20A of the same Act.

Details of the allegation: As part of the crimes against humanity committed nationwide on a widespread scale, systematically and with a targeted design during the discrimination-opposing student-public movement, on the night of 19/07/2024, at a meeting of the 14-Party Alliance held at Ganabhaban under the chairmanship of the then Prime Minister Sheikh Hasina, in the presence and with the consent of accused Rashed Khan Menon (President of the Workers Party, an ally of the 14-Party Alliance and former minister of the Sheikh Hasina government) and accused Md. Kamrul Islam (former minister and Presidium member of the Bangladesh Awami League), a decision was taken to deploy the army and impose curfew nationwide. Both accused expressed support for and consent to this decision and made it effective. Both accused, together with the General Secretary of the Awami League and then Bridges Minister Obaidul Quader, informed journalists at Ganabhaban of the matter. Both accused took the decision to shoot protesters on sight and made it effective through their party’s armed cadres and the law-enforcement agencies.

Owing to the said decision, more than 1,400 people were killed nationwide and more than 25,000 people were seriously injured. This attack was carried out on innocent, unarmed protesters using drones to identify them, deploying helicopters, and firing SMGs, Chinese rifles and other lethal weapons. Even after death, many of the bodies were disposed of, treatment of the injured was obstructed, doctors were compelled to alter causes of death, many of the deceased were buried as unclaimed, burial was obstructed, and even the inhuman act of burning the bodies after killing was carried out.

By the aforesaid direction, incitement, conspiracy and assistance of accused Rashed Khan Menon and Md. Kamrul Islam, the law-enforcement agencies and the Awami League’s armed cadres used lethal weapons nationwide, killing Abu Sayed and, following him, more than 1,400 students and members of the public, and grievously injuring more than 25,000 students and members of the public.

Both accused have thereby committed the offences of murder, torture, giving direction to commit the offence, abetment, incitement, facilitation, complicity, and failing to take necessary measures against the perpetrators, constituting crimes against humanity under sections 3(2)(a), (g), (h), 4(1), 4(2) and 4(3) of The International Crimes (Tribunals) Act, 1973, which has been prima facie proved by investigation and evidence, and is punishable under sections 20(2), 20A of the same Act.

Specific Charge-02: On 26/07/2024 and 29/07/2024, accused Rashed Khan Menon (President of the Workers Party, an ally of the Awami League-led 14-Party Alliance) and accused Md. Kamrul Islam (a Presidium member of the Awami League) were personally present at meetings of the 14-Party Alliance and, in order to suppress the movement and divert it into a different course, described the protesters as Jamaat-Shibir, extremists and communal, and, by giving up this attitude, took a decision to ban a political party, Bangladesh Jamaat-e-Islami, thereby inciting, assisting in and being complicit in the killings and torture carried out against the protesters.

Type of offence: Murder by shooting, incitement to commit offence, complicity, facilitation, assistance, abetment, conspiracy, and giving direction to kill, constituting crimes against humanity under sections 3(2)(a), (g), (h), 4(1), 4(2), 4(3) of The International Crimes (Tribunals) Act, 1973, punishable under sections 20(2), 20A of the same Act.

At a public meeting in Keraniganj on 26/07/2024, accused Md. Kamrul Islam, being personally present, in order to suppress the discrimination-opposing student-public movement and divert it into a different course, gave directions labelling protesters as BNP, Jamaat, extremists and communal elements, incited and assisted, thereby lending legitimacy, through the law-enforcement agencies and the armed cadres of the Awami League and the 14-Party Alliance, to the killings and torture carried out against them.

At the meeting of the Awami League-led 14-Party Alliance held under the chairmanship of Sheikh Hasina on 29/07/2024, accused Rashed Khan Menon, President of the Workers Party, an ally within the 14-Party Alliance, being personally present, in order to suppress the movement and divert it into a different course, described the protesters as BNP, Jamaat-Shibir, extremists and communal. Accused Rashed Khan Menon, by directing, inciting and assisting a proposal to ban a political party, Bangladesh Jamaat-e-Islami, and through its implementation, lent legitimacy, through the law-enforcement agencies and the armed cadres of the Awami League and the 14-Party Alliance, to the killings and torture carried out against unarmed protesters.

This was part of a directive to give effect to the plan to suppress the movement, by identifying and locating protesters through drones, determining position and target through helicopters and firing upon them, so as to render Sheikh Hasina’s 14-Party Alliance government’s grip on power unassailable, unquestionable and permanent, through Sheikh Hasina’s use of lethal weapons to suppress the students’ and public’s movement.

As a result, more than 1,400 unarmed protesters were killed by shooting nationwide, more than 25,000 students and members of the public were seriously injured, and other victims were subjected to torture. Accused Rashed Khan Menon and Md. Kamrul Islam are directly implicated in this, and they were among the principal directors of the commission of all these offences and accomplices in their commission. These offences were committed nationwide, on a widespread scale, in a systematic manner and with a targeted design, with the knowledge of the accused, with which accused Md. Kamrul Islam is directly connected.

Specific Charge-03: The offence of, at the direction, conspiracy, incitement and assistance of accused Rashed Khan Menon and accused Md. Kamrul Islam, killing 23 (twenty-three) persons and torturing numerous others in Baddha and the surrounding area of Dhaka Metropolis, through those under their control and command.

Type of offence: Murder, giving direction to commit the offence, abetment, incitement, facilitation, complicity, and conspiracy, constituting crimes against humanity under sections 3(2)(a), (g), (h), 4(1), (2), (3) of The International Crimes (Tribunals) Act, 1973, punishable under sections 20(2), 20A of the same Act.

Names of deceased: 1. Md. Iman, 2. Md. Hafizul Sikder, 3. Md. Emdadul Haque, 4. Liton, 5. Md. Rayhan, 6. Md. Nur Hossain Piyash, 7. Md. Sohag Mia, 8. Abdul Jabbar Sumon, 9. Sagar Rahman, 10. Md. Sirajul Bepari, 11. Md. Al-Amin Hossain Agomon Chishti, 12. Md. Sajid Halladar, 13. Ashraful Halladar, 14. Aluddin Mollik, 15. Almgir Molla, 16. Nishan Khan, 17. Ramzan Ali, 18. Al-Amin, 19. Sohel Mia, 20. Al-Amin, 21. Abu Rayhan, 22. Mizanur Rahman, 23. Md. Kamal Hossain Sabuj.

Details of the allegation: As part of the crimes against humanity committed nationwide on a widespread scale, systematically and with a targeted design during the July mass uprising, following on from the martial law (curfew) declared on 19/07/2024, with the instigation, consent and complicity of accused Rashed Khan Menon and Md. Kamrul Islam, the law-enforcement agencies and Awami League armed cadres, at the direction, conspiracy, incitement and assistance of accused Rashed Khan Menon and Md. Kamrul Islam, used lethal weapons in Baddha and the surrounding area of Dhaka Metropolis from 20/07/2024 to 05/08/2024, and brutally killed by shooting 23 (twenty-three) innocent protesters, including Md. Iman as named above, and grievously injured numerous other persons by shooting.As part of the crimes against humanity committed nationwide on a widespread scale, systematically and with a targeted design during the July mass uprising, following on from the martial law (curfew) declared on 19/07/2024, with the instigation, consent and complicity of accused Rashed Khan Menon and Md. Kamrul Islam, the law-enforcement agencies and Awami League armed cadres, at the direction, conspiracy, incitement and assistance of accused Rashed Khan Menon and Md. Kamrul Islam, used lethal weapons in Baddha and the surrounding area of Dhaka Metropolis from 20/07/2024 to 05/08/2024, and brutally killed by shooting 23 (twenty-three) innocent protesters, including Md. Iman as named above, and grievously injured numerous other persons by shooting.

Both accused have thereby committed the offences of murder, torture, giving direction to commit the offence, abetment, conspiracy, incitement, facilitation, complicity, and failing to take necessary measures against the perpetrators, constituting crimes against humanity under sections 3(2)(a), (g), (h), 4(1), 4(2) and 4(3) of The International Crimes (Tribunals) Act, 1973, which has been prima facie proved by investigation and evidence, and is punishable under sections 20(2), 20A of the same Act.

Whereas, during the July uprising of 2024, the then Prime Minister and President of the Awami League, accused Sheikh Hasina, the then Home Minister Asaduzzaman Khan Kamal, the then Inspector General of Police Chowdhury Abdullah Al Mamun, Salman F. Rahman and Anisul Haque, accused Rashed Khan Menon and Md. Kamrul Islam, together with members of her Cabinet, Members of Parliament, and the Awami League, Jubo League, Chhatra League and their associate organisations and the 14-Party Alliance leadership, and the then law-enforcement agencies, individually and collectively, committed nationwide crimes against humanity against the innocent, unarmed people of the country by means of the attack, which has been and is being widely publicised in domestic and foreign print and electronic media, and is universally known internationally, including among the people of Bangladesh. Moreover, the said offences have been recognised as proved by various international investigations conducted by the United Nations and other agencies.

The learned Tribunal has jurisdiction under section 19(3) of The International Crimes (Tribunals) Act, 1973 to take the aforesaid offences into cognizance as Common Knowledge/Judicial Notice.

Whereas the Awami League, Jubo League, Chhatra League and their associate organisations, together with the 14-Party Alliance, both as parties and as organisations, committed crimes against humanity against the innocent, unarmed students and public pursuant to political decisions taken jointly, they fall to be treated as criminal organisations.

Whereas, upon review of the investigation report and the documentary and oral evidence gathered against the accused, it has been prima facie proved that, during the July uprising which began on 1 July and continued until 5 August 2024, crimes against humanity were committed in Bangladesh as part of the said uprising, being offences under sections 3(2)(a), (g), (h), 4(1), 4(2), 4(3) of The International Crimes (Tribunals) Act, 1973, punishable under sections 20(2), 20A of the same Act.

Whereas, during the July uprising, systematic and widespread attacks were committed against the innocent, unarmed civilian population with the knowledge of the accused, as part of crimes against humanity, and whereas the subject-matter of this case falls within the jurisdiction of the learned Tribunal, the learned Tribunal has the power to dispose of this trial.

Prayer

In these circumstances, it is prayed that:

1. 1. The learned International Crimes Tribunal, in the interest of a fair trial, upon accepting the application containing the Formal Charge under section 9(1) of The International Crimes (Tribunals) Act, 1973, be pleased to take cognizance thereof under sections 3(2)(a), (g), (h), 4(2), 4(3) of the said Act against accused Rashed Khan Menon and accused Md. Kamrul Islam and, upon their proper trial, be pleased to impose the maximum sentence under sections 20(2), 20A of the said Act and/or pass such other order as the learned Tribunal may deem fit.
   2. An order be pleased to be passed directing confiscation of the properties of the accused under section 20A of the said Act and their transfer to the victims.
   3. The documentary evidence and related information and data submitted with this application, together with other relevant information relating to the offences committed during the July 2024 uprising, be pleased to be accepted as Common Knowledge and Judicial Notice under section 19(3) of the said Act.
   4. As accused Rashed Khan Menon and Md. Kamrul Islam are already under arrest in International Crimes Tribunal-1, ICT BD Misc. Case No. 03/2024, an application is made that they be shown as under arrest [production warrant issue] in this case as well.