UN declined to disclose eyewitness identities: ICT

The prosecution on Thursday told the International Crimes Tribunal that  the United Nations had declined to disclose the identities of eyewitnesses cited in its fact-finding report on human rights violations during the July Uprising.

Prosecutor Gazi Monwar Hossain Tamim informed that OCT that the UN withheld the information because the International Crimes (Tribunals) Act, 1973 allows the death penalty, which the UN opposes.

Prosecutor Tamim made the submission while presenting arguments before the ICT-2 in connection with a in crimes against humanity case against Obaidul Quader, general secretary of the Awami League, whose activities remain banned, and six other leaders of the party and its affiliated organisations.

He also said that the other reason might be safety and security of the witnesses for withheld the information by the UN.
"As the law still allows capital punishment, we were unable to obtain the identities of the UN’s eyewitnesses,” Tamim told the tribunal. He added that the prosecution had instead presented its own eyewitnesses before the court.

He said the UN Office of the High Commissioner for Human Rights (OHCHR) had indicated that it would provide information on the eyewitnesses whose testimonies were used in its fact-finding report only if the death penalty was removed from the ICT law.

Tamim also referred to the OHCHR fact-finding report during his arguments, saying it documented that between July 14 and July 17, 2024, armed activists of the banned Chhatra League and the Awami League attacked protesters on the instructions of senior party leaders.

During the proceeding, the ICT heard a recorded phone conversation in which former Awami League general secretary Obaidul Quader allegedly asked Bangladesh Chhatra League president Saddam Hussain why student protesters had not been beaten.

Presenting the audio recording, prosecutor Gazi MH Tamim argued that the conversation demonstrated the role of the Awami League leadership in directing attacks on students during the July uprising in 2024.

Tamim submitted a recorded a conversations, which was recorded on July 11, 2024, where Quader is heard asking Saddam, "Why aren't you beating them?" Quader allegedly made the remark after Saddam informed him that the protesters would announce their next course of action at a press conference scheduled for 8:50pm that day.

The prosecutor said Quader's remarks encouraged Chhatra League leaders and activists to launch attacks on the students.

Tamim told the tribunal that, following the conversation, Awami League, Bangladesh Chhatra League and other affiliated organisations attacked anti-discrimination student protesters at Dhaka University, Begum Rokeya University in Rangpur, and several other educational institutions on July 15, 2024.

He said at least 300 students were injured at Dhaka University alone, while many others were injured in attacks at educational institutions across the country.

Tamim made the submissions on the second day of the prosecution's closing arguments in the crimes against humanity case against Quader and six other former Awami League and Bangladesh Chhatra League leaders.

Besides Quader, the other accused are AFM Bahauddin Nasim, joint general secretary of the Awami League; former state minister for information and broadcasting Mohammad Ali Arafat; Jubo League Chairman Sheikh Fazle Shams Parash and its General Secretary Mainul Hossain Khan Nikhil; Bangladesh Chhatra League President Saddam Hussain and General Secretary Sheikh Wali Asif Enan.
The tribunal adjourned the hearing until Sunday, when the prosecution will continue its closing arguments.