Desk report:
The International Crimes Tribunal has dismissed an appeal challenging its jurisdiction over the reconstituted tribunal, allowing the trial concerning alleged genocide and crimes against humanity committed during the July-August student movement to continue.
The three-member tribunal, led by Chairman Justice Md Golam Mortuza Majumder, issued the ruling on Wednesday after a hearing. The appeal had been filed by Ziaul Ahsan, the former director general of the National Telecommunication Monitoring Centre (NTMC), who is charged with crimes against humanity.
Chief Prosecutor Mohammad Tajul Islam represented the prosecution during the proceedings. He told reporters that the appeal contested the tribunal’s jurisdiction and amendments to the Tribunal Act. However, he argued that such appeals should be made in the High Court or constitutional court, and not in the International Crimes Tribunal or any other criminal court.
Tajul Islam further explained that the petitioners had questioned the legitimacy of the current government, but the prosecution clarified that the tribunal has no jurisdiction to address such challenges.
Addressing concerns about the rights of the accused, the prosecutor stated, “Those accused of war crimes or crimes against humanity are not entitled to fundamental rights under the Constitution in this context. Laws created to prosecute such crimes cannot be invalidated for constitutional inconsistency due to special protections in this regard.”
The Chief Prosecutor also responded to challenges concerning the expanded jurisdiction of the tribunal, particularly regarding disappearances. He emphasized that the amended Tribunal Act allows trials for such crimes, regardless of when they occurred.
Tajul Islam expressed his belief that the appeal was filed primarily to attract media attention and disrupt the proceedings. He added, “Not only was the appeal dismissed, but we also urged the tribunal to impose penalties on the applicants for submitting baseless petitions.”
The charges against Ziaul Ahsan and others are related to alleged genocide and crimes against humanity involving Awami League government officials, party members, and sections of law enforcement during the suppression of the July-August student movement. Following the unrest, the International Crimes Tribunal was restructured to address these allegations.