Eight high-profile leaders of the now-banned Awami League have been in custody for an extended period in cases involving crimes against humanity committed during the July Uprising. Seven are former ministers, while one is a former adviser. Some have spent more than a year and a half in detention. Yet formal charges have not been filed against six of them before the International Crimes Tribunal. Although formal charges have been filed against the other two, their trials have not yet begun. The defence has questioned the delay, while prosecutors maintain that the investigation and judicial process are proceeding in accordance with the law.

Current Status of the Eight Accused
The eight leaders in custody are Amir Hossain Amu, Shahjahan Khan, Dr Abdur Razzaque, Colonel (Retd.) Faruk Khan, Golam Dastagir Gazi, Tawfiq-e-Elahi Chowdhury, Dr Dipu Moni and Kamal Ahmed Majumder.

Formal charges are yet to be filed against Amu, Shahjahan Khan, Razzaque, Faruk Khan, Gazi and Tawfiq-e-Elahi Chowdhury. Formal charges have been filed against Dipu Moni and Kamal Ahmed Majumder, but their trials have not begun.

Amir Hossain Amu was arrested on November 6, 2024, from his residence in West Dhanmondi. Razzaque and Faruk Khan were arrested on October 14 of the same year, Shahjahan Khan on September 5, Tawfiq-e-Elahi Chowdhury on September 10, Dipu Moni on August 19 and Golam Dastagir Gazi on August 25. They face multiple cases relating to the July-August Uprising and other incidents.

According to the prosecution, Amu, Razzaque, Dipu Moni, Faruk Khan, Tawfiq-e-Elahi Chowdhury and Shahjahan Khan, in their respective positions, advised, assisted, supported or incited the repressive actions of the then Sheikh Hasina government. They are also alleged to have attended two meetings of the 14-party alliance.

The prosecution argues that these alleged acts fall within the scope of superior command responsibility under the International Crimes Tribunal Act. Prosecutors say their investigations have substantiated the allegations against the six leaders. However, the allegations have yet to be resolved through judicial proceedings.

Questions Over Prolonged Detention
Defence lawyer Sheikh Ali Ahmed Khokon said keeping individuals in detention for an extended period without commencing their trials raises serious human rights concerns. He argued that bail was being denied despite the legal provisions allowing it and called for the trials to begin without further delay.

Senior Supreme Court lawyer SM Shahjahan said no one could be detained indefinitely without trial. He questioned why proceedings had not begun despite the alleged offences dating back to 2024. He stressed that prolonged delays in the judicial process should be avoided and that bail should be considered in accordance with the law.

Prosecutors Promise to File Charges Soon
Prosecutor Mizanul Islam said investigations into the cases had been completed, although formal judicial proceedings had not yet begun. He expressed hope that formal charges would be filed soon.

Prosecutor Gazi Monawar Hossain Tamim said investigation reports concerning Amu, Shahjahan Khan, Razzaque, Faruk Khan, Gazi and Tawfiq-e-Elahi Chowdhury had been prepared. The reports may be submitted after the chief prosecutor returns, he said. The trials and witness examinations are expected to proceed following the filing of charges.

Tawfiq-e-Elahi Chowdhury, Dipu Moni and Kamal Ahmed Majumder have applied for bail. Their lawyers argue that their clients have spent a prolonged period in custody without the investigation and trial processes being completed. Kamal Ahmed Majumder's lawyer said his client was receiving hospital treatment and was bedridden.

Faruk Khan has also sought bail, but his application remains unresolved. Amu, Razzaque and Shahjahan Khan have not yet applied for bail.

The tribunal has directed the prosecution to submit progress reports on the cases involving the three applicants. It has indicated that their bail applications will be considered after reviewing the reports.

What Does the Law Say?
Section 17(d) of the International Crimes (Tribunals) Act guarantees the right to a trial without undue delay. Rule 34(3) of the tribunal's Rules of Procedure allows conditional bail to be granted at any stage of the proceedings.

Rule 9(5) also provides an opportunity for conditional bail if an investigation is not completed within one year. However, in exceptional circumstances, the investigation period may be extended by a further six months if written reasons are provided. The law also allows the accused to remain in custody during that extended period.

The prosecution maintains that it is taking the time necessary to complete investigations and trials. According to prosecutor Tamim, concluding a case may take seven to eight months, although the duration of an investigation varies depending on the nature and complexity of the case.

Tribunal Proceedings and Case Updates
The interim government reconstituted the International Crimes Tribunal on October 14, 2024. Subsequently, trials began concerning killings during the July-August Uprising, enforced disappearances and other alleged crimes against humanity.

According to tribunal sources, 558 accused are involved in 70 cases. Of these, 44 cases remain under investigation, while trials are underway in 26 cases. Verdicts have been delivered in seven cases. A total of 68 people have received sentences of varying terms, while 22 people, including Sheikh Hasina, have been sentenced to death. Eighteen of those sentenced to death are fugitives.

The case involving Mahbubul Alam Hanif is awaiting a verdict. Other cases involving Sajeeb Wazed Joy, former state minister Junayed Ahmed Palak, former law minister Anisul Huq, former adviser Salman F Rahman and former military officer Ziaul Hasan are at various stages of the judicial process. Witness examinations and closing arguments are underway in several cases.

The prolonged detention of the eight high-profile accused, coupled with the delay in commencing their trials, has raised questions about the pace of proceedings. The tribunal faces the challenge of completing investigations, filing formal charges and advancing the trials while ensuring that the legal rights of the accused are protected.