Reportage
After 15 years in power, Prime Minister Sheikh Hasina resigned and fled the country last week - chased out by young protesters who said they were fed up with the way her increasingly autocratic rule had stifled dissent, favoured a small coterie dependent on her for patronage, and widened inequalities.
Sabrina Karim, a professor at Cornell University who studies political violence and Bangladesh's military history, said that many of the protesters are so young they cannot remember a time before Hasina was prime minister.
They were raised, like the generations before them, on stories of the independence struggle - with Hasina's family at the centre. Her father, Bangabandhu Sheikh Mujibur Rahman, was the first leader of independent Bangladesh and was later assassinated in a military coup. But Karim said this narrative had much less meaning for the young protesters than it did for their grandparents.
This economic distress was keenly felt by Bangladesh's youth. Eighteen million young people - in a country of 170 million - are not working or in school, according to Chietigj Bajpaee, who researches South Asia at the Chatham House think tank. And after the pandemic, private sector jobs became even more scarce.
Many young people try to study abroad or move overseas upon graduation in the hopes of finding decent work, decimating the middle class and resulting in brain drain.
Despite these problems, none of the protesters, indeed no one in Bangladesh seems to have truly believed that their movement would be able to dethrone Hasina. On Monday, August 5th, the fateful day when a 'March on Gonobhaban' programme set for the 6th was brought forward. Once news filtered through that the 'Iron Lady' of Bangladesh had boarded a helicopter headed away from Gonobhaban, the sea of humanity on the streets of the capital broke out in sheer euphoria.
It later descended into looting and pilferage, as the crowd decided to continue its march programme anyway.
Some of that euphoria is wearing off now as the enormity of the task ahead sinks in. Nobel laureate Muhammad Yunus became the interim leader Thursday and he, along with a Cabinet that includes two student protest leaders, will have to restore peace, build institutions and prepare the country for fresh elections.
The hope for most students is that the interim government gets time to repair Bangladesh's institutions while a new political party - not led by the old political dynasties - is formed.
"If you asked me to vote in elections right now, I don't know who I'd vote for," said Khan. "We don't want to replace one dictatorship with another."
The young people who took to the streets have often been described as the "I hate politics" generation. But Azaher Uddin Anik, a 26-year-old digital security specialist and recent graduate of Dhaka University, said that is a misnomer.
Investigation against Hasina, top officials
The investigation agency of the International Criminal Tribunal has started the investigation into two separate charges of genocide and crimes against humanity against former Prime Minister Sheikh Hasina and several high-ranking officials.
The complaints were lodged on Wednesday and Thursday by Supreme Court lawyer Gazi MH Tanim on behalf of Bulbul Kabir, the father of Alif Ahmed Siam, and Md Sanaullah, the father of Mehdi.
The other key figures named in the complaints include Awami League General Secretary Obaidul Quader, former Home Minister Asaduzzaman Khan Kamal, former State Minister for Post, Telecommunication, and Information Technology Zunaid Ahmed Palak, former State Minister for Information and Broadcasting Mohammad Ali Arafat, former Inspector General of Police Chowdhury Abdullah Al Mamun, former Additional Commissioner of Detective Branch Harun Or Rashid, former DMP Commissioner Habibur Rahman, and former Director General of RAB Md Harun Ur Rashid.
In addition to them, the complaints implicate unnamed ministers, state ministers, MPs, and corrupt officials from the police and RAB, as well as leaders and activists from the Awami League, Jubo League, and Chhatra League. The organisations themselves, along with their affiliated bodies, have also been accused.
According to the complaints, the violence was orchestrated under the direction of the named individuals, who allegedly ordered the use of firearms-both local and automatic-against peaceful, unarmed students and citizens involved in the protests calling for quota reform and later Hasina's resignation. The complaint says the accused attempted to partially or wholly exterminate the protesters, thus committing acts of genocide and crimes against humanity.
The complaints further highlight provocative statements made by Obaidul Quader and other government figures, which allegedly incited violence. Quader is reported to have stated that the Chhatra League alone was sufficient to "deal with the" the protesting students, and that during the curfew, orders were given to shoot on sight.
According to the sources inside the ICT, the investigation of this allegation has started after reviewing the reports published in the media about the hundreds of murders that took place from July 15 to August 5 around the quota reform movement. After reviewing these reports, the agency will visit the scene. After that, necessary steps will be taken to arrest the accused, said the deputy director of the investigation agency, Additional Superintendent of Police Md. Ataur Rahman.
When asked about this, he said on Thursday that we have started working with the goal of completing the investigation as soon as possible. As the accusation of genocide is a recent incident, it will not be a problem to get evidence, he added.
"Besides, many accused in the case have been arrested in other cases and are in police custody. As a result, we do not have to rush to arrest the accused. Therefore, efforts are being made to complete the investigation quickly and hand over the report to the prosecution," he further stated.
Gazi MH Tamim, the lawyer who filed the petition, said accusations of genocide and crimes against humanity has been recorded as a case.
Also, an investigation officer has been appointed in this case and the agency has started reviewing by collecting the newspapers at the time of the incident, he added.
The interim government has decided to seek justice for all the killings that have taken place during the students and people's movement. The decision is to carry out trial at the International Crimes Tribunal (ICT) for all the killings that took place from 1 July to 5 August during the student movement.
The Awami League government had formed the International Crimes Tribunal to trial of anti-liberation war persons involved in crimes against humanity in 1971. Several leaders of Jamaat and BNP were tried at this tribunal. Later their sentences were carried out.
Presently there are allegations against many persons including the deposed prime minister Sheikh Hasina regarding killing during the student movement. The interim government has taken initiative to try them at the International Crimes Tribunal.
The interim government's advisor for law, justice and parliamentary affairs Asif Nazrul revealed this at a press briefing on Wednesday.
UN to send team to help in investigations
The United Nations High Commissioner for Human Rights Volker Türk called chief advisor of the interim government Dr Muhammad Yunus over the phone yesterday, Wednesday. Both of them posted the matter of their phone call on X yesterday.
Dr Muhammad Yunus sought Turk's assistance in upholding human rights. The UN human rights high commissioner said the UN would soon form an investigation team and send it to Bangladesh to probe into the killings during the student uprising.
The trial would be under the International Crimes (Tribunal) Act 1973. According to this law, there is provision to pass death sentence of a person is proven guilty by this tribunal. As the US does not approve of death sentence, the UN cannot be involved in this.
However, if Bangladesh wants, the UN is ready to extend its support in a separate process to investigate the allegations of massacre and crimes against humanity brought about against the deposed prime minister Sheikh Hasina and others.
There are reports of 217 deaths in violence and conflict from 16 July to 3 August during the students' movement. And another 365 died after the fall of the government in 4 August. That means, in all, there are 582 reported deaths from 16 July till date. Cases are being filed in this regard.
The Awami League government formed an inquiry commission regarding the killings during the violence and clashes. The students had called for an inquiry led by the UN. Speaking at the press briefing yesterday, Wednesday, law advisor Asif Nazrul said they are trying to have the investigation carried out under UN supervision. The UN has given repeated assurance of cooperation. In order to absolute transparency and neutrality of the trial, the local investigation team will work under overall supervision of the UN.
Asif Nazrul said that it was decided to hold a meeting with the US resident coordinator in Dhaka. The date has not been finalised as yet. They will seek cooperation. A high level of the government will also contact the relevant UN agency in in this regard.
Professor Asif said, a number of cases have already been filed regarding the incidents of massacre and firing. The various student organisations active on the streets, human rights organisations and various sections of the society have called for these crimes to be tried as crimes against humanity. They are looking into the matter. He said a brief study has already been carried out to determine whether those responsible for the killings in the July massacre, can be tried under the International Crimes Tribunal Act 1973, which was amended in 2009 and 2013. The studies indicates that those involved in these killings, who ordered the killings as well as those who aided and abetted these crimes, can all be tried under this law.
Cases filed for harassment to be withdrawn this month
The law ministry had decided to withdraw all cases filed for harassment purposes from 1 July to 5 August during the student and people's movement. It has initiative been decided to withdraw the cases in the first three working days. The law advisor said, it was not possible to withdraw the cases in three days because the environment hadn't been conducive for the police to return to their workplaces. The police have now joined work. He hopes that by Thursday the false cases in Dhaka can be withdrawn. And that the rest of the false cases all over the country can be withdrawn within 31 August. He said that the fictitious cases would be withdrawn too.
The law advisor said the false cases against political leader Mahmudur Rahman Manna and journalist Rozina Islam were sensational cases. He spoke of the initiative to withdraw these cases too.
Repressive laws to be abolished or amended
There are many laws including the Cyber Security Act that are repressive laws, he said, adding that there had been demands to abolish such laws. The Editors Council on 12 August had issued a statement saying that the last government had taken several measures to control freedom of speech, creativity and to control and silence the voice of the media industry. There were other repressive laws in the pipeline. These proposed laws would be cancelled shortly.
In September last year the controversial Digital Security Act had been revoked and the Jatiya Sangsad passed the Cyber Security Act in its stead. This basically was just a change in name and a few other perfunctory changes.
According to the media, in the very first month after the Cyber Security Act was passed, 14 cases were filed under this law. Most of these were defamation cases.
The law minister said, a list of repressive laws has been drawn up and these will be abolished or amended, as needed.
Indemnity law in power and energy sector may be repealed
The Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act will be repealed, hoped advisor Asif Nazrul. As to whether the related indemnity clause would be repealed, the law advisor said that was no in the jurisdiction of his ministry. Chief advisor Dr Muhammad Yunus is in charge of the power, energy and mineral resources ministry. He would raise the matter with the chief advisor as soon as possible. He believes this will be repealed soon.
Regarding amendment of the constitution, he said they are conscious of this matter.
When asked if changes would be brought to the election commission, Asif Nazrul said this initiative would be taken with all sincerity. He also placed importance in the trial for the killing of the journalist couple Sagar and Runi.
Accounts of assets within 10 days
Officials of the judiciary will have to submit details of their assets. Asif Nazrul said, in consultation with the Supreme Court, directives have been issued for details of all moveable and immoveable assets at home and abroad, belonging to judicial officials and their families, to be submitted within 10 working days.
The law advisor said that certain initiatives had been taken for judicial reforms and for improving the environment of the lower courts. The use of plastic products had been barred there.
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