Former Presidents Face Tribunal Complaints Over Alleged Crimes

A formal petition seeking a probe into alleged crimes against humanity committed by former Bangladesh Presidents Mohammed Shahabuddin and Abdul Hamid was submitted to the International Crimes Tribunal on Sunday, 26 July.

The complaint was lodged by the political organisation Bangladesh Azad Party. Confirming the development during a media briefing at the tribunal premises, retired Colonel Hasinur Rahman stated that official requests were filed urging a thorough investigation into the actions and omissions of both former heads of state.

Elaborating on the grounds for the complaint, Colonel Rahman emphasised that both individuals served as the Commander-in-Chief of the Armed Forces during their respective tenures. Consequently, they held the ultimate constitutional authority to intervene during periods of severe state violence. He noted that despite widespread casualties during the mass uprising, President Shahabuddin failed to take protective measures. His silence regarding extrajudicial killings, enforced disappearances, and clandestine detention facilities—commonly referred to as ‘Aynaghar’—up until 5 August was interpreted as tacit consent, forming the primary basis for the legal action.

Representatives of the Bangladesh Azad Party further argued that pivotal events in the nation’s recent political history occurred under their presidencies. These include the Pilkhana BDR massacre, the crackdown at Shapla Chhatrar, and numerous enforced disappearances over the past decade. Legal counsel representing the party invoked the doctrine of ‘superior responsibility’—a established international legal principle holding that top commanders and heads of state bear criminal accountability for atrocities committed under their authority if they fail to prevent or punish such acts.

The party asserted that the former presidents actively shielded the authoritarian regime, provided state protection, and benefited from power while turning a blind eye to systematic human rights violations. Because of their supreme constitutional roles, the group maintained, neither leader can be absolved of responsibility for the atrocities carried out during their time in office.

In a separate move on the same day, another petition was lodged specifically against outgoing President Mohammed Shahabuddin by the civic platform Rashtra Samlap Forum. This complaint accuses him of assisting ousted Prime Minister Sheikh Hasina during her departure from the country amid the popular uprising.

The filing of complaints against two former heads of state marks an unprecedented development in the tribunal’s history, sparking intense legal and political discussion across Bangladesh.