Bangladesh tribunal seeks detained army officers’ court appearance

Bangladesh’s International Crimes Tribunal (ICT-BD) chief prosecutor on Sunday demanded the immediate court appearance of 15 serving military officers while the Army said they took them in their custody to stand trial for alleged crimes against humanity committed during the regime of deposed prime minister Sheikh Hasina.

“The Constitution, the International Crimes (Tribunals) Act 1973, and the criminal procedure code are clear — no one can be detained for more than 24 hours without being produced before a court,” ICT-BD chief prosecutor Tajul Islam told reporters. He said if the 15 military officers were detained as announced by the army, they must be presented before the court within 24 hours in accordance with the law.

His comments came a day after the army announced the military took the 15 officers in their custody to stand trial for alleged crimes against humanity committed in discharging duties during deposed prime minister Hasina’s regime.

“Directives were issued asking 16 officers to report to the army headquarters. Fifteen of them responded,” Bangladesh Army’s Adjutant General Major General Mohammad Hakimuzzaman told a press conference at military headquarters on Saturday. The development came amid widespread speculation, particularly on social media, about whether serving military officers would be tried in a civilian tribunal instead of military courts under the Army Act for alleged crimes they committed while discharging their duties.

“This is an unprecedented development. In the past, no military officers were ever charged with crimes against humanity, so the question of their trial in a civil court simply did not arise,” security analyst retired major general ANM Muniruzzaman earlier this week said.

Hamiduzaman said the 16th officer, a major general who served as the former prime minister’s military secretary, went into hiding but steps were taken to prevent his departure abroad.

According to the briefing, among the 16 officers summoned were two major generals, six brigadier generals, and several colonels and lieutenant colonels.

The chief prosecutor, however, said the Constitution, the ICT-BD law and the criminal procedure code “are clear — no one can be detained for more than 24 hours without being produced before a court (Tribunal)”. Tajul Islam told the press briefing that the ICT-BD was the “appropriate place” for the trial of the military officers as well.

The ICT-BD on Wednesday issued arrest warrants against 30 individuals, including Hasina, accepting prosecution charges in two cases involving alleged “enforced disappearances or abduction and torture” of political dissidents during the Awami League regime. The army said they detained the serving officers but were yet to receive the ICT-BD warrant.

Hasina, who is currently in India, has been named the key suspect in both cases.

Of the 30 accused, 25 are serving or retired military officers, including five former directors general of the Directorate General of Forces Intelligence (DGFI).

Several of these officers also served in the elite Rapid Action Battalion (RAB) comprising personnel from the armed forces and police.

Prosecutors said 17 of the accused were allegedly involved in torture at RAB’s Taskforce Interrogation Cell, while 13 others are accused of abuses at the Joint Interrogation Cell.

The ICT-BD has begun hearing the final arguments in the crimes against humanity case against Hasina, former home minister Asaduzzaman Khan Kamal and former police chief Chowdhury Abdullah Al Mamun over alleged atrocities during July 2024 when the protests were going on against the Awami League regime.

The ICT-BD was established in 2010 during Hasina’s Government to try hardened collaborators of Pakistani forces in the 1971 Liberation War. Tajul Islam at that time appeared as a key lawyer to defend the accused.

The tribunal’s operations were later suspended under the interim government led by Nobel laureate Muhammad Yunus, which amended the ICT-BD law to allow trials of leaders from the past regime.