Staff Reporter:
Transparency International Bangladesh (TIB) has strongly criticised the government’s decision to keep Bangladesh Army officers, accused of enforced disappearances, extrajudicial killings, and torture during the previous regime, in military custody within cantonments — describing the move as “questionable in light of constitutional principles and equality before the law.”
In a statement issued on Tuesday (14 October), the anti-graft watchdog urged the government to immediately withdraw what it called a “discriminatory decision” and to clarify why accused military officers were being treated differently from civilian suspects facing similar allegations.
The controversy follows the army’s announcement on 11 October that 15 officers facing arrest warrants in multiple cases related to gross human rights violations during the Awami League’s rule had been taken into military custody.
TIB Executive Director Dr Iftekharuzzaman said such actions undermine the integrity of the judicial process and the principle of equality before the law. “How can discrimination based on identity or position be acceptable in cases involving the same allegations?” he asked. “In trials concerning crimes against humanity, professional identity or rank cannot be a factor. Granting anyone special privileges contradicts the very foundation of justice.”
He further argued that creating special sub-jails inside cantonments for military officers accused of such grave crimes “undermines the equality of all citizens under the law.” Dr Iftekharuzzaman added, “If civilian suspects can be detained under regular procedures, what justification exists for special facilities for military officers accused of the same crimes?”
TIB warned that the move could cast doubt on the credibility of the International Crimes Tribunal (ICT) and risk eroding public trust in the government’s commitment to accountability, particularly among victims and their families.
Quoting Article 27 of the Constitution — which guarantees equality before the law — the TIB chief stressed that no person accused of crimes against humanity is entitled to privilege or immunity, regardless of their professional background.
He also reminded that Bangladesh, as a signatory to international conventions such as the Rome Statute of the International Criminal Court, the Nuremberg Principles, and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), has binding obligations to ensure justice for victims of such crimes without discrimination.
“Whatever may be stated in domestic military regulations, they cannot override the universal legal standards applicable to crimes against humanity,” Dr Iftekharuzzaman said.
TIB urged the government to take “effective and transparent measures” to uphold impartial justice, ensure accountability, and reaffirm public confidence in the ongoing judicial process.
