M. Shahidul Islam
The International Criminal Court (ICC) has acknowledged receipt of a complaint against Bangladesh Prime Minister Sheikh Hasina ¬and a handful of others under her command to launch an investigation into the alleged commission of crimes against humanity within Bangladesh’s geographical boundaries.
M.P. Dilon, head of the information and evidence unit of the ICC’s office of the prosecutors, confirmed having received the complaint and stated that the ICC would give consideration to the complaint “in accordance with the provisions of the Rome Statute of the International Criminal Court.”
Filed by the Washington based law office of Martin F. McMahon & Associates on behalf of Counsel for Human Rights and Development for Bangladesh, and, Bangladeshi Americans in Greater Washington DC, the complaint was indexed in the ICC’s registry as OTP-CR-214/13.
Why ICC?
The complainant requested the ICC’s prosecution division to open ‘an investigation into human rights violations in Bangladesh: Holding the Awami League government led by Sheikh Hasina Wazed to account for systematic torture, forced disappearances, and other crimes against humanity.’ The complaint states, “By establishing the International Criminal Court, the international community has made a commitment that there would be no impunity for crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Bangladesh made the same commitment by signing the ICC Treaty or ICC Statute in 1999 and by formally becoming a party to the ICC Treaty on March 23, 2010.”
The summary of the allegation states, “ Since the current government came to power in 2009, the government has pursued a systematic policy of torturing opposition activists, engaged in serious violation of human rights, caused the forced disappearance of opposition leaders and dissidents, and in particular has committed mass killings on February 28, 2013 and May 5-6, 2013.”
The complaint documented about 300 confirmed deaths during the brutal actions by security forces on February 28 and on May 5-6, 2013 against the Jamat and the Hefajat activists, respectively. Following attacks on Hefajat activists on May 5-6, over 2,000 unarmed activists were reported missing and remain unaccounted for to date.
The alleged accused
The complaint named six of the alleged accused as being the masterminds and holding superior command responsibility for the alleged crimes. They are: Prime Minister Sheikh Hasina, Home Minister MK Alamgir, deputy Home Minister Shamsul Haq Tuku, DG of RAB Mokhlesur Rahman, IG of police Hassan Mahmud Khandaker, and, DG of BGB, Maj. Gen. Aziz Ahmed.
Among the accessories to the alleged crimes, the complaint accused as direct participants the Dhaka Metropolitan Police commissioner Benazir Ahmed, Pachlaish police station OC Prodip Kumar, ADC of Motijheel zone Mehdi Hassan,
DC Lalbagh Harun-ur-Rashid, and six other police officials.
Among the accused are also judges and public prosecutors who had ordered for detention that resulted in judicial torture. The judges named as accused are Asaduzzaman Nur, Shahidul Islam, M. Mustafizur Rahman and Harunur Rashid. The public prosecutors named as accused for seeking detention that resulted in judicial torture are: Sajjadul Haq Shihab and Aslam.
Jurisdiction and impunity
The complaint rationalized its plea to the ICC on grounds that the government of Bangladesh flatly denied any commission of mass killings during the statutory period and failed to launch any investigations into the recurrences of crimes committed against unarmed civilians by the country’s security forces.
“This state of impunity is what makes the ICC the only venue for justice so that the perpetrators can be held accountable for their criminal actions,” stated the complaint.
The complaint further stated that the temporal jurisdiction requirement of the Rome Statute is met in this case as the investigation and justice are sought “only for the crimes committed after Bangladesh became a party to the ICC Treaty, i.e. on March 23, 2010”.
The 33-page complaint adduced pictures, graphs and other convincing evidence to prove the allegations while authentic reports from credible national and international rights group were cited as the sources of the facts and the information included in the complaint.
The next step
Once a complaint has been filed with the ICC, the Judges of the Pre-Trial Chamber must evaluate the information presented by the Prosecutor. Pursuant to Article 15(2) of the Statute, the Prosecutor will first conduct a preliminary examination of information received regarding the alleged crime by seeking help from the relevant UN organs, States, NGOs, and other reliable sources.
Upon concluding that the seriousness of the information constitutes a reasonable basis to commence an investigation, request will be made to the Pre-Trial Chamber to launch an investigation. Article 15(3) of the Statute states, in making the request, the Prosecutor must present to the Pre-Trial Chamber the information which supports the initiation of an investigation (globalreview.ca).
Source: Weekly Holiday
My name is Mohammed A. Quaium Chowdhury , A Lawyer of the Supreme Court of Bangladesh; a Human rights Activists ; an educator and President of Thrinomul Bangladesh Nationalist Party, U.S.A. filed a complaint petition in the International Criminal Court The Hague, The Netherland on 07/03/2013 against Prime Minister of Bangladesh— Sheik Hasina and 16 others for commission of the crime of Genocide, crimes against humanities, murder, kidnapping, abduction, political persecution etc. I also mailed the said petition to the ICC at their postal address and also — emailed at ICC’s –email address. How can I make sure that the ICC and it’s President and Prosecutor has received my said petition of complained –dated 07/03/2013. My address stated in the petion is: 1553 Leland Ave, Bronx, New York. U.S.A.
My name is Mohammed A. quaium Chowdhury, a Lawyer of the supreme Court of Bangladesh — already have made my comment described above. To confirm my — e-mail address — which is : farhana12@aol.com. Thank you for filing a petition of complaint like — that of mine as stated above — against the Prime Minister of Bangladesh and many others — directly and indirectly committed the crime of Genocide, — crime henious crime against humanity, mass killing; political persecition.extermination and so on. My petition of complaint dated — 07/03/2013 was –e-mailed to the ICC on — 07/03/2013 and also —posted the same to — ICC along with evidences and by swering an —- affdavit before the Notary Pyblic on –07/03/2013. Please let me know — ” How to make sure the –Icc Prosecutor and the Justice/Judge or the President of ICC has received my said petituon of complaint.”