From accused to state approver: Pros and cons

In the trial of serious crimes, including murder, it is often the case that one of the accused is made a state approver. Such a person, in exchange for a pardon or reduced sentence, agrees to present a full and truthful account of the incident—including the involvement of other accused individuals—before the court.

Most recently, former inspector general of police (IGP) Chowdhury Abdullah Al-Mamun agreed to testify as a state approver, admitting his role in the mass killing that occurred during the student-people’s movement in July–August last year. On Thursday, at International Crimes Tribunal-1, he said: “I was involved in the July killings.”

The case in which he agreed to provide testimony as a state approver also implicates former prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal.

Following the reading of charges against them in court on Thursday, ex-IGP Abdullah Al-Mamun told the tribunal: “I have heard the charges. I feel guilty. I want to place the full details of the July crime before the court.”

Advantages and disadvantages of becoming a state approver

When an accused admits guilt and wishes to testify truthfully before the court, the court generally considers the request. In such instances, the court may declare the individual a state approver.

The person is then required to provide all information known about their own involvement and that of others. Based on this, the court may grant them immunity from prosecution or offer a reduced sentence.

In criminal trials, such an accused who is permitted to testify is commonly referred to as a “state approver” in court terminology. However, the law does not explicitly define this term. Under Section 133 of the Evidence Act, one accused individual may legally testify against another.

Previously, in the August 21 grenade attack case, Harkat-ul-Jihad leader Mufti Abdul Hannan was offered the opportunity to become a state approver. However, he could not avail himself of this benefit as he was later executed in another case.

That said, becoming a state approver also entails certain disadvantages. Co-accused individuals often see the approver as a traitor, leading to their isolation. In prison, state approvers are usually kept in separate cells for their safety.

When asked whether former IGP Chowdhury Abdullah Al-Mamun had been placed in a separate cell from Thursday, Prison Directorate spokesperson and AIG (Development) Jannatul Farhad told Bangla Tribune that, as of 8pm on Thursday, they had not received any such directive from the court.

However, another prison source confirmed that the former IGP had indeed been moved to a separate cell from Thursday, and that his privileges had also been upgraded.

International Crimes Tribunal Prosecutor Advocate Faruk Ahmed told Bangla Tribune: “Chowdhury Abdullah Al-Mamun has admitted guilt and agreed to become a state approver. He will now be entitled to additional facilities in prison. He will be kept in a separate cell away from the other accused, and his security will be enhanced.”

When asked what further benefits he may receive as a state approver, the government counsel said: “He will remain in prison until the verdict is delivered. If, after hearing his testimony, the court is satisfied, it may fully acquit him of the charges.”

He added: “Alternatively, he may be given a light sentence. He will not be awarded the maximum penalty of capital punishment. However, the final decision rests with the court.”