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A British lawyer files a complaint against Hasina and her office at the ICC

A British lawyer files a complaint against Hasina and her office at the ICC

The International Criminal Court building in The Hague, Netherlands, on January 16, 2019. Photo: Reuters/Piroschka van de Wouw

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The International Criminal Court building in The Hague, Netherlands, on January 16, 2019. Photo: Reuters/Piroschka van de Wouw

The lawyer filed a complaint with the International Criminal Court in The Hague, accusing former Prime Minister Sheikh Hasina, ministers in her government and government officials associated with him of crimes against humanity.

Asraful Arafin, a lawyer at London’s Chamber 3 of Bolt’s trial, filed the case under Article 15 of the Rome Statute on October 28, demanding an independent investigation into what he called extrajudicial killings during the mass uprising, torture in secret detention centers and other atrocities.

According to a media statement, he asked the ICC to issue arrest warrants for key suspects to prevent further impunity.

More than 200 murder cases have been registered in Bangladesh since she fled to India on August 5.

Lawyers say the ICC can take cognizance of the complaint if it finds Bangladeshi courts unable to do so. The member countries of the UN Security Council have the right of veto over the ISS.

The statement said Bangladesh witnessed a terrible tragedy when the authorities launched a brutal crackdown on peaceful protesters in July and August.

“These forces used firearms, rubber bullets, stun grenades and lethal weapons such as pellets and live ammunition indiscriminately,” the statement said.

More than 1,400 civilians were reported killed and 22,000 injured, adding that at least 92 people were blinded and hundreds suffered life-changing injuries.

The government at the time imposed a nationwide internet blackout and restricted all communications, hampering efforts to document the violence, it added.

“These systematic extrajudicial killings, disappearances and acts of torture, including alleged abuses in secret detention centers such as Aina Ghar, constitute crimes against humanity under international law, reflecting a deliberate effort to destroy political opposition and silence dissent.”

There are significant doubts about the ability of Bangladesh’s judiciary to impartially investigate these serious crimes, as a large number of the country’s law enforcement agencies and civil servants were handpicked by Hasina’s administration.

In addition, the interim government is expected to remain in place until the next parliamentary elections, after which a new political government may come to power, potentially jeopardizing justice due to political expediency.

“Furthermore, as Sheikh Hasina now resides in India and because of her political connections there, the execution of any domestic sentence remains uncertain. However, an international arrest warrant may put pressure on India to cooperate with the international community.”

In February 2014, British lawyer Toby Cadman filed a request on behalf of the International Coalition for Human Rights Freedoms at the ICC, accusing the Awami League government of “committing mass murder and crimes against humanity”.

The ISS rejected this request.