65 percent of accused in 78 crimes against humanity cases are fugitives, many convicts beyond arrest

Sixty-five percent of all accused in 78 cases filed over crimes against humanity — including killings across the country during the 2024 anti-discrimination movement and other incidents from the era of the ousted Awami League government — are fugitives. The cases before the two International Crimes Tribunals name 530 accused in total, of whom 342 are on the run. The fugitives include people already sentenced to death and other prison terms in several verdicts.

The convicted fugitives include ousted prime minister Sheikh Hasina, former home minister Asaduzzaman Khan Kamal and former Dhaka Metropolitan Police (DMP) commissioner Md Habibur Rahman. Lawyers say sentences cannot be carried out while so many convicts remain fugitives. They suggest seizing the fugitives' assets and publishing their photographs with detailed information to secure their arrest. So far, verdicts have been delivered in 10 cases across the two tribunals.

The crimes against humanity cases are being tried by two International Crimes Tribunals. Tribunal officials say arrest attempts are made while investigations are under way. If that fails, once a formal charge is filed and taken into cognisance, the tribunal issues arrest warrants against fugitive accused. If arrests still prove impossible, after a police report a newspaper notice is published asking the accused to appear. If the accused does not appear after the notice, the trial proceeds in absentia with a state-appointed lawyer for the accused. When a verdict imposes a sentence, a sentence warrant is then issued.

The accused include the prime minister of the ousted Awami League government (whose activities are now banned), former ministers and former MPs, party leaders and activists, serving and former army officers, former police officers, former secretaries, teachers, journalists and former judges, among others.

At International Crimes Tribunal-1, 89 of 121 accused in 13 cases currently under trial are fugitives. Of 113 accused in 31 cases under investigation, 46 are fugitives. Among 16 accused in five cases where verdicts have been delivered, 10 — including Sheikh Hasina — are fugitives.

Across Tribunal-1's under-trial, under-investigation and decided cases, 19 of 39 serving and former army officers are fugitives, as are 43 of 77 police officials, 81 of 129 leaders and activists of the banned Awami League, and two of three teachers.

At International Crimes Tribunal-2, 155 of 201 accused in 12 cases under trial are fugitives. Of 57 accused in five cases where verdicts have been delivered, 42 are fugitives. However, all accused in the 12 cases under investigation have been arrested.

Among Tribunal-2's accused, six of 12 serving and former army officers are fugitives, as are 60 of 92 former police officials, 120 of 153 Awami League leaders and activists, three of six teachers and one of two former secretaries. In addition, six of eight other accused, and a doctor, are among the fugitives counted in the breakdown.

Former chief prosecutor Mohammad Tajul Islam told Ajker Patrika that arresting the accused is primarily the responsibility of law enforcement agencies. Many of the fugitives are inside the country, but police are not arresting them, he said. There is an order to confiscate the assets of those sentenced, he said, and moving to seize assets would create pressure that could make arrests possible. He added that the authorities could also appeal to the public by publishing the accused's photographs with details, noting there is no legal bar to doing so.

Mujahidul Islam Shahin, central joint convener of the National Citizen Party (NCP) and a Supreme Court lawyer, said law enforcement agencies do not appear very active in arresting the fugitive accused in the crimes against humanity cases. Had the agencies been active on arrests, many accused would not have had the chance to flee, he said, calling the situation contrary to the spirit of the July mass uprising. The Home Ministry should publish a public notice with the fugitives' photographs so ordinary people can also help with arrests, he said.

The tribunal's chief prosecutor, Md Aminul Islam, told Ajker Patrika that arrest efforts continue during investigations and after the tribunal takes formal charges into cognisance and issues warrants. If that still fails, after a police report the trial proceeds in the accused's absence. After a verdict, a sentence warrant is issued. If an accused's location abroad becomes known, a letter is sent to seek an Interpol red notice, and where an extradition treaty exists with a country, a request is made under it. Beyond this, he said, the prosecution has nothing more it can do. Asked whether there is any arrangement to publish notices with the fugitives' photographs, he said that does not fall within their jurisdiction.

To try crimes against humanity over the July-August 2024 killings across the country, the previous interim government reconstituted the International Crimes Tribunal on 14 October that year with Justice Md Golam Mortuza Mozumder as chairman. Its other two members are Justice Shafiul Alam Mahmud and retired district and sessions judge Md Mohitul Haque Enam Chowdhury. As pressure grew to speed up trials, the government formed Tribunal-2 on 8 May last year, chaired by retired High Court justice Nazrul Islam Chowdhury. Tribunal-2's other two members are retired district and sessions judge Md Manjurul Bachid and Madaripur district and sessions judge Nur Mohammad Shahriar Kabir.

Besides the July-August killings, the two tribunals are also conducting trials and investigations into several other allegations from the ousted Awami League government's era, including enforced disappearances, murders and killings surrounding a Hefazat-e-Islam rally.