‘Army extends full support to rule of law’
Staff Reporter:
International Crimes Tribunal (ICT) Prosecutor Gazi MH Tamim has said that the Bangladesh Army has shown its fullest support for the country’s laws and the judicial process.
He made the remarks on Sunday afternoon during a press briefing at the tribunal premises, following the day’s witness examination in the Chan Kharpul six-murder case related to the July Uprising.
Responding to a question regarding military law, Prosecutor Tamim stated, “We have already clarified this matter earlier, and the Chief Prosecutor has also explained it. Furthermore, the press conferences held by the Army Headquarters over the past days have clearly demonstrated that the army has the utmost respect for and confidence in the nation’s laws and courts. As proof, they have presented their officers before the tribunal on the scheduled dates. On behalf of the prosecution, we extend our thanks to the army for their cooperation in enforcing the law.”
Providing a legal explanation, Gazi MH Tamim said, “Both laws — the Army Act and the International Crimes (Tribunals) Act — are special laws. However, the International Crimes Tribunal Act is constitutionally protected under the First Amendment. It is clearly stated that this Act shall prevail over all other existing laws in Bangladesh.
Even if there is any inconsistency with the Constitution, the Constitution remains silent in such cases — meaning this law will take precedence. Therefore, there is no scope for trial under military or any other law. The tribunal alone has jurisdiction over these cases.”
Meanwhile, in a related development, Barrister M Sarwar, a defense lawyer, has withdrawn from representing army officers accused in two enforced disappearance cases handled by the TFI-JIC cell and the 28 murders in Rampura during July–August under the previous Awami League administration.
On Sunday morning, Sarwar submitted a petition to withdraw his name from the power of attorney, which was accepted by the two-member judicial panel of Tribunal-1, led by Justice Md Shafiul Alam Mahmud.
On 22 October, 15 army officers were produced before the tribunal in connection with three cases.
After the hearing, the tribunal ordered their formal arrest and sent them to prison. Barrister Sarwar had appeared for the defense on that day but later faced criticism for doing so.
The tribunal has scheduled the next hearings for the two enforced disappearance cases on 23 November, while the hearing for the Rampura 28-murder case will be held on 24 November.