Enforced Disappearance Trial: Army sets rare example by cooperating with civil judiciary

Al Mamun Harun Ur Rashid :

Bangladesh Army in a major development has set an example by taking into custody 15 of its serving and retired army personnel who are charged in cases linked to enforced disappearances and custodial killings.

This is the first known instance where army personnel are being prepared to face trial under a civil judicial process, setting what many analysts view as a significant precedent of institutional accountability.

During a media briefing at Dhaka Cantonment on Saturday, Adjutant General of the Bangladesh Army Major General Md Hakimuzzaman confirmed that the officers had been taken into custody and would be handed over to the International Crimes Tribunal (ICT) as part of legal proceedings.

He stated that although they had not yet officially received the arrest warrants from the tribunal and no formal communication had been made from the police, the Army took proactive steps to ensure that none of the accused could evade the due process of law.

He also said that out of the 30 accused in two separate cases of enforced disappearance and one case linked to killings during the July mass uprising, 25 are officers of different ranks within the Army.

Nine of them are retired, one is currently on leave prior to retirement and fifteen are serving officers.

He said that on October 8, immediately after learning from media reports that warrants had been issued, the Army Headquarters instructed all the accused to take under Army custody.

During the previous Awami League government, allegations of enforced disappearances were widely reported though government officials repeatedly denied involvement.

Many analysts say that it was unthinkable during that period that allegations involving members of security agencies would be investigated, let alone brought to court.

Political analysts see the decision by the Army to hand over its officers to civil judicial process under the current interim government led by Prof Muhammad Yunus as a turning point in the country’s journey toward accountability.

Meanwhile, ICT Chief Prosecutor Mohammad Tazul Islam on Sunday said that although the Army has said it has taken the 15 officers into custody, the tribunal has not received any formal notification from the Army Headquarters.

“Under the Constitution and criminal procedure, no one can be held for more than 24 hours without being produced before court. It is the rule of the law,” he said.

He clarified that the tribunal does not object to any lawful step taken by the Army but once an arrest warrant has been issued, the accused must be brought before the court without delay.

Regarding the trial, political parties have also welcomed the move and urged for transparent trial for ensuring justice.

Bangladesh Nationalist Party (BNP) has welcomed the legal process and in a statement signed by the party’s Senior Joint Secretary General Advocate Ruhul Kabir Rizvi.

It said that fair and impartial trials of related crimes are essential to protect the country’s democracy, human rights, and the professionalism of the armed forces.

“Justice does not only ensure punishment for past incidents, it also ensures that no one dares to repeat such injustices in the future. Full respect for law and human rights can be the foundation of a peaceful and accountable state,” it said.

A country must function according to the ‘law of the land’. Just as the responsibility of certain identified individuals should not be imposed on any institution, similarly an institution should not be questioned due to the misdeeds of a few.

The responsibility for a person’s actions, especially serious crimes, lies solely with that individual.

It also said that BNP also suffered the highest number of enforced disappearances, killings, and persecution throughout the fascist period.

BNP firmly stands for justice in all cases of human rights violations. It is not institutional identity that matters, but only the individual’s crime and the rule of law.

There is no connection-and there should be no connection-between isolated crimes committed by certain individuals and the emotions, trust, and respect of the people toward a patriotic force.

Every member of the armed forces is a proud son of this country and this soil.

Therefore, the vast majority of army personnel certainly want those who cross the line to face justice, so that no government can ever again issue unjust orders such as enforced disappearances and killings to the army. The BNP fully agrees with this universal aspiration.

Jamaat-e-Islami Ameer Shafiqur Rahman also welcomed the Army’s decision to take the accused officers into custody.

In a verified Facebook post he said that while justice must be ensured, the crimes of a few individuals should not tarnish the reputation of the entire institution.

“However, the entire institution must not be stigmatised for the crimes committed by a few individuals. The responsibility for the offences will lie solely with the persons involved,” he said.

“The process has begun to bring some Bangladesh Army officers involved in enforced disappearances and killings under trial.

The people of Bangladesh want to remain proud of their patriotic army. Unfortunately, a few members of this force utterly failed to respect the country’s laws and human rights.”

He added, “We hope no injustice will be inflicted upon anyone. Through a transparent judicial process, only those proven guilty will face appropriate punishment,” he added.

Human rights advocates point out that Bangladesh has long denied enforced disappearances despite repeated documentation by rights groups. They say that if the trial proceeds fairly, it may open the door for long denied justice for families who have been searching for disappeared relatives for years.