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The International Crimes Tribunal (ICT) has rejected the request for Army officers arrested in a case over crimes against humanity for enforced disappearances and torture in Task Force Interrogation (TFI) cells during the Awami League government to attend hearings virtually.
Tribunal-1 made the decision on Wednesday after hearing the request of a lawyer representing the Army officers. The hearing of the petition for the dropping of the accused from the case has been set for Dec 14.
The charge sheet in the case was to be heard on Wednesday. Chief Prosecutor Mohammad Tajul Islam read out the charges on behalf of the prosecution. Then, Advocate Tabarak Hossain represented the defence.
Later, Chief Prosecutor Tajul said that the defence’s virtual appearance request has been rejected and the officers would have to be physically present for the hearings.
In the morning, 10 Army officers accused in the case were presented before the tribunal. In the afternoon, Tabarak – who represents seven of them – petitioned the court to allow for virtual appearances.
The tribunal then asked him whether the virtual appearance petition should be heard first or the application for the discharge of the accused. The lawyer said that the virtual appearance issue should be heard first and asked for additional time to present the petition for discharge.
The hearing on virtual appearances began, with the tribunal asking Advocate Tabarak on what grounds he was requesting it.
Tabarak said his clients are Army officers and they are being subjected to such a media trial that, even if found not guilty, they will not have the opportunity to return to the command regiment. There is good chance that they will be proven innocent, he said.
The tribunal then responded that it is not trying any Army officers. Although the suspects are from the army, they were working as part of the Rapid Action Battalion (RAB), which is a police force. It added that the court respected everyone, including the Army and the common people, and that chief justices and ministers are also appearing before the courts.
The tribunal then asked for the prosecution's opinion and Chief Prosecutor Tajul said that there is no opportunity in the tribunal law for the suspects to attend hearings virtually.
Advocate Tabarak replied that it is the jurisdiction of the tribunal to grant their application, and it is not a matter of law.
Afterwards, the tribunal announced that it had rejected the application.
Seventeen suspects are accused in a case of torture in the TFI cells by RAB, including former prime minister Sheikh Hasina, and former home minister Asaduzzaman Khan Kamal. Of the suspects, 10 Army officers have been arrested.
They are former RAB additional director general (ops) Brig Gen Md Jahangir Alam, former RAB additional director general (ops) Brig Gen Tofail Mostafa Sarwar, former RAB additional director general (ops) Brig Gen Md Kamrul Hassan, former RAB additional director general (ops) Brig Gen Md Mahbub Alam, former RAB director (Intelligence Wing) Lt Col Md Moshiur Rahman Jewel, former RAB director (Intelligence Wing) Lt Col Saiful Islam Sumon, former RAB additional director general (ops) Col Abdullah Al Momen, former RAB additional director general (ops) Col Anwar Latif Khan (now in LPR), former RAB additional director general (ops) Col KM Azad, and former RAB director (Intelligence Wing) Lt Col Md Sarwar Bin Quasem.
In addition to Hasina and Kamal, the other absconding suspects are Hasina’s defence and security advisor retired Maj Gen Tarique Ahmed Siddique, former police chief Benazir Ahmed, former RAB DG M Khurshid Hossain, former RAB DG Harunor Rashid, and former RAB director (retd) Lt Col Md Khairul Islam.