All allegations that mass killings during the July Uprising were carried out under direct orders from former prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal are baseless, state appointed defence counsel Md Amir Hossain said today (20 October).

"The prosecution had failed to substantiate the claims with evidence at the International Crimes Tribunal (ICT), and therefore, both Hasina and Kamal would be acquitted of crimes against humanity charges in the verdict," he said while talking to reporters at the tribunal premises after presenting the first day of arguments before ICT-1.

When asked whether he had any communication with the two fugitive accused, he said, "No, I have not had any contact with Sheikh Hasina or Kamal. You keep asking this question, but legally, there is no provision for such contact. If she [Hasina] surrenders or is apprehended, only then can contact be made."

He added that he did not present all his arguments today and would elaborate further in the next session tomorrow.

Defence cites limitations of ICT Act, criticises media-based claims in this case

At the start of the defence argument for fugitives Sheikh Hasina and Kamal, their lawyer Amir Hossain highlighted the limitations of the International Crimes Tribunal (ICT) Act. 

He referred to a video he watched a few days ago featuring lawyer Ahmad bin Qasem Arman, son of former Jamaat-e-Islami leader Mir Qasem Ali, during his father's trial at the ICT for crimes against humanity committed during the 1971 Liberation War. In the video, Arman strongly criticised the act, saying that the trial process under the law is constrained, including the inability to properly apply the Evidence Act, which hampers justice.

Amir Hossain supported Arman's observations, stating, "There is no scope for applying the Evidence Act, which is fundamental. The CrPC cannot be accepted under this law. This is a kind of law where the accused are thrown into a river with hands and feet tied and asked to swim. That is the nature of this law."

During his argument, Hossain also noted that the formal charges against Hasina and Kamal have raised claims of widespread corruption during the previous Awami League government. He emphasised that such statements are unacceptable unless proven through proper trial proceedings, and there is no room to accept "exaggerated" allegations.

The tribunal responded, noting that newspaper reports could be taken into consideration, saying, "You are the ones who made this law."

In reply, Amir Hossain stressed that media reports do not automatically make statements true. 

"Just because something is published in the newspaper does not make it factual. Under other laws, newspaper reports hold no legal value. I am not saying this law is valid because Sheikh Hasina enacted it. Mistakes remain mistakes, no matter who makes the law," he said.

Earlier on 16 October, Chief Prosecutor Mohammad Tajul Islam concluded the prosecution's five-day argument, seeking the death penalty for Hasina and Kamal. He left the fate of former IGP Chowdhury Abdullah Al-Mamun to the tribunal's decision, as the latter testified as a state witness.

During the prosecution's arguments, Tajul Islam outlined the history of the Awami League since 1971 and detailed incidents of enforced disappearances, killings, and massacres during Hasina's tenure from 2009 to 5 August 2024. He also presented data and evidence to support the case.

Following the conclusion of the prosecution's arguments, the tribunal set today for the defence to begin its submission. 

Defence lawyer Amir Hossain had initially sought one week to present his case, but the court granted three days.

Sheikh Hasina / July uprising / Bangladesh