Chief Prosecutor vs. Md. Saiful Islam & Others | ICT-BD (ICT-2) Case No. 02 of 2025
The case of Chief Prosecutor vs. Md. Saiful Islam & Others, ICT-BD (ICT-2) Case No. 02 of 2025, concerns allegations of crimes against humanity arising from the violent suppression of protestors in Ashulia, Savar, during the July–August 2024 uprising. The judgment was delivered by the International Crimes Tribunal-2 on 5 February 2026.
This is one of the most significant ICT proceedings arising from the July Movement, both because of the scale of the alleged crimes and because the case involved political actors, senior police officials, field-level police personnel, and local ruling-party cadres. The charges included multiple counts of murder as crimes against humanity, other inhumane acts, including burning of bodies and burning alive of an injured protestor, torture, persecution on political grounds, abetment, conspiracy, incitement, complicity, joint criminal enterprise, and command responsibility under the International Crimes (Tribunals) Act, 1973.
Factual Summary
The prosecution case arose from incidents in the Ashulia area on 4 and 5 August 2024, during the final phase of the July uprising. According to the judgment, protestors and civilians were subjected to firing, attacks, arrests, torture, and other forms of violence by police personnel acting in coordination with political actors and local cadres.
The Tribunal treated the events not as isolated law-and-order incidents, but as part of a broader attack directed against a civilian population. The judgment records that the victims were students, protestors, and civilians who were not taking part in hostilities. The Tribunal found that the violence was connected with a coordinated effort to suppress the protest movement.
The principal victims named in the murder charge were:
- Md. Shahabul Islam
- Sajjad Hossain Sajal
- As Sabur
- Tanzil Mahmud Sujoy
- Bayezid Bostami
- Abul Hossain
- Md. Omar Faruk
The case also concerned the widely discussed allegation that after several protestors were killed, their bodies were placed inside a police pickup van and set on fire in front of Ashulia Police Station. The Tribunal further found that one injured protestor was burned alive. The judgment treated this conduct as an especially grave form of “other inhumane acts” as crimes against humanity.
Legal Proceedings
Investigation
The Investigation Agency started its investigation pursuant to Complaint Register Serial No. 129 dated 6 October 2024. During the investigation, the Investigating Officer sought warrants of arrest against several suspected accused persons. On 24 December 2024, ICT-1 issued warrants in Miscellaneous Case No. 08 of 2024 against, among others, Md. Saiful Islam, A.F.M. Sayed Roni, Abdul Malek, Bishwajit Saha, and Mukul Chokder.
Some accused were arrested and produced before the Tribunal, while others remained absconding. Abdul Malek and Mukul Chokder were produced before the Tribunal on 26 January 2025. Abdullahil Kafi, Shahidul Islam, and Arafat Hossain Arju were produced on 15 April 2025. Arafat Uddin, Kamrul Hasan, and Sheikh Abjalul Haque were produced on 15 May 2025.
The Investigating Officer submitted the investigation report on 2 July 2025, recommending the prosecution of sixteen accused persons. The Chief Prosecutor placed the formal charge before the Tribunal on the same date.
Accused
The case involved sixteen accused persons:
- Muhammad Saiful Islam – former Member of Parliament, Dhaka-19
- Syed Nurul Islam – former DIG, Dhaka Range
- Md. Asaduzzaman (Ripon) – former Superintendent of Police, Dhaka District
- Md. Abdullahil Kafi – former Additional Superintendent of Police, Dhaka District
- Shahidul Islam – former Additional Superintendent of Police, Savar Circle
- A.F.M. Sayed Roni – former Officer-in-Charge, Ashulia Police Station
- Mohammad Masudur Rahman – former Police Inspector (Investigation), Ashulia Police Station
- Nirmal Kumar Das – former Police Inspector (Operations), Ashulia Police Station
- Arafat Hossain Arju – former Police Inspector, Dhaka District DB (North)
- Abdul Malek – former Sub-Inspector, Ashulia Police Station
- Arafat Uddin – former Sub-Inspector, Ashulia Police Station
- Sheikh Abjalul Haque – former Sub-Inspector, Ashulia Police Station
- Biswajit Saha – former ASI, Ashulia Police Station
- Kamrul Hasan – former ASI, Ashulia Police Station
- Mukul Chokder – Constable, Ashulia Police Station
- Roni Bhuiyan – local political actor/cadre
Several accused, including Md. Saiful Islam, Syed Nurul Islam, Md. Asaduzzaman Ripon, A.F.M. Sayed Roni, Mohammad Masudur Rahman, Nirmal Kumar Das, Biswajit Saha, and Roni Bhuiyan were tried in absentia. State defence counsel were appointed for the absconding accused.
Charges
The Tribunal framed five broad charges.
Charge No. 1: Murder as Crimes Against Humanity
This charge concerned the deaths of the named protestors and civilians during the Ashulia incidents. The prosecution alleged that the accused jointly ordered, directed, supervised, participated in, or otherwise contributed to the firing and attacks that caused the deaths.
Charge No. 2: Other Inhumane Acts as Crimes Against Humanity
This included three counts: burning of dead bodies and burning alive of an injured protestor; torture of student leaders; and torture of students and civilian protestors.
Charge No. 3: Persecution on Political Grounds
The prosecution alleged that students, protestors, and civilians were targeted because they were perceived as participants in or supporters of the anti-government movement.
Charge No. 4: Abetment, Conspiracy, and Incitement
The prosecution alleged that the accused encouraged, facilitated, conspired, and incited the commission of crimes against humanity.
Charge No. 5: Complicity, Joint Criminal Enterprise and Command Responsibility
The prosecution argued that the accused acted as part of a common criminal enterprise and that superior officials bore responsibility for failing to prevent or punish crimes committed by subordinates.
Evidence Considered by the Tribunal
The Tribunal relied on oral testimony, documentary evidence, digital and video materials, forensic materials, post-mortem and DNA evidence, CDR analysis, media materials, and international contextual reports. A major part of the prosecution’s case rested on the convergence of witness testimony with video footage, medical evidence, and official records.
The evidence included testimony from victim-family members, injured witnesses, local witnesses, official witnesses, and the Investigating Officer. Sheikh Abjalul Haque, originally Accused No. 12, became an approver after tender of pardon under section 15 of the ICT Act and was examined as PW-23.
The Tribunal placed particular importance on the evidence showing that Abul Hossain and Omar Faruk were initially buried as unidentified persons and later identified through DNA examination. It also treated the alleged burning of bodies as evidence not only of cruelty but also of an attempt to destroy evidence and conceal responsibility.
Legal Issues
The judgment is legally significant for its treatment of crimes against humanity under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973. The Tribunal read the statutory phrase “committed against any civilian population” in harmony with Article 7 of the Rome Statute, holding that crimes against humanity require proof that the acts were committed as part of a widespread or systematic attack directed against a civilian population.
The Tribunal relied on international criminal jurisprudence, including authorities from the ICTY, ICTR, and ICC, to explain the meaning of “widespread,” “systematic,” “attack,” and “civilian population.” It held that the Ashulia incidents formed part of a coordinated and organised attack against unarmed civilians during the July uprising.
The judgment also discussed individual criminal responsibility, common-purpose liability, joint criminal enterprise, command responsibility, and superior responsibility. Senior police officials were found liable not merely for physical participation, but also for their authority, control, knowledge, failure to prevent, and failure to punish.
Findings
The Tribunal found that the prosecution had proved the contextual elements of crimes against humanity. It held that the killings, torture, burning of bodies, and related acts were not random or isolated incidents, but part of a widespread and systematic attack directed against civilians.
The Tribunal found different degrees of responsibility among the accused. Some were convicted for murder, other inhumane acts, persecution, abetment, conspiracy, incitement, and command responsibility. Others were convicted only for limited participation. One accused, Sheikh Abjalul Haque, was acquitted due to the pardon tendered and complied with under section 15 of the Act.
Judgment and Sentences
The Tribunal delivered its judgment on 5 February 2026.
Death Sentences
The Tribunal sentenced the following accused to death:
- Muhammad Saiful Islam – former MP, Dhaka-19
- A.F.M. Sayed Roni – former OC, Ashulia Police Station
- Abdul Malek – former SI, Ashulia Police Station
- Biswajit Saha – former ASI, Ashulia Police Station
- Mukul Chokder – Constable, Ashulia Police Station
- Roni Bhuiyan – local political actor/cadre
Md. Saiful Islam and A.F.M. Sayed Roni were sentenced to death for murder as crimes against humanity. A.F.M. Sayed Roni was also sentenced to death for other inhumane acts. Abdul Malek, Biswajit Saha, and Mukul Chokder were sentenced to life imprisonment for murder, but death for other inhumane acts, particularly the burning of bodies and the allegation of burning alive. Roni Bhuiyan was sentenced to death for murder but acquitted of Charges 2, 3, and 4.
Life Imprisonment
The following accused were sentenced to imprisonment for life:
- Syed Nurul Islam
- Md. Asaduzzaman Ripon
- Md. Abdullahil Kafi
- Shahidul Islam
- Mohammad Masudur Rahman
- Nirmal Kumar Das
- Arafat Hossain Arju
They were convicted for murder as crimes against humanity, other inhumane acts, persecution, abetment/conspiracy/incitement, and complicity/JCE/command responsibility, depending on the particular accused and findings.
Seven Years’ Rigorous Imprisonment
The Tribunal sentenced:
- Arafat Uddin
- Kamrul Hasan
to seven years’ rigorous imprisonment for limited liability under Charge No. 2, Count 1, relating to the burning of dead bodies and the burning alive of an injured protestor. They were acquitted of the murder charge and other charges.
Acquittal of Sheikh Abjalul Haque
Sheikh Abjalul Haque, Accused No. 12, was acquitted because he had been granted pardon under section 15 of the ICT Act and had complied with the conditions of pardon by testifying as an approver.
Compensation and Victim Reparation
The judgment also contains directions on compensation. The Tribunal ordered the confiscation of the properties of Md. Saiful Islam, situated in Bangladesh, in favour of the State under section 20A of the ICT Act as compensation for victims.
The Government was directed to assess and disburse reasonable compensation to the families of those killed during the July Movement and to injured protestors, taking into account the gravity and long-term consequences of injuries.
The Tribunal also imposed individual compensation amounts: Tk. 1,00,000 each against Accused Nos. 2, 3, 4, 5, 7, 8, and 9; Tk. 50,000 against Accused No. 6; and Tk. 5,000 each against Accused Nos. 10, 11, 13, 14, 15 and 16.
Appeal
The convicted accused persons have the right to prefer an appeal before the Appellate Division of the Supreme Court of Bangladesh within thirty days from the date of judgment under section 21 of the International Crimes (Tribunals) Act, 1973.
Significance
This judgment is significant for several reasons. First, it is one of the most detailed ICT judgments arising from the July–August 2024 uprising. Secondly, it addresses not only direct perpetrators but also political actors, senior police officials, operational commanders, and field-level personnel. Thirdly, it gives detailed treatment to joint criminal enterprise and command responsibility in the context of domestic prosecution of crimes against humanity. Finally, the judgment recognises the importance of victim compensation and places responsibility on the State to provide reparation to families of the dead and injured.
In legal terms, the case marks an important development in Bangladesh’s post-2024 accountability process. It shows the Tribunal’s willingness to interpret the ICT Act in light of international criminal law principles, particularly the Rome Statute, while applying those principles within Bangladesh’s domestic statutory framework.