The prosecution on Sunday presented arguments before the International Crimes Tribunal during a hearing on charge framing against 13 accused, including three army officers and ousted prime minister Sheikh Hasina, in a case involving enforced disappearances.
The charges brought against the accused cover incidents of enforced disappearance between 22 October 2015 and 6 August last year.
The army officers — Brig Gen Ahmed Tanveer Mazhar Siddique, Maj Gen Sheikh Md Sarwar Hossain, and Brig Gen Md Mahbubur Rahman Siddiqi — were produced before ICT-1, headed by Justice Md Golam Mortuza Majumder, during the hearing.
Hasina’s security adviser, Tarique Ahmed Siddique, is also named as an accused in the case.
A total of five charges has been brought against the accused.
Arguing in support of framing charges, Chief Prosecutor Tajul Islam read portions of the formal charge sheet submitted by the prosecution.
He said 26 individuals, including Brig Gen (retd) Abdullahil Amaan Azmi, Hummam Quader Chowdhury, Md Faez, Michael Chakma and Tajul Islam Suman, became victims of enforced disappearance at the Joint Interrogation Cell (JIC).
These allegations concern certain senior army officials who served in the Directorate General of Forces Intelligence (DGFI) during Sheikh Hasina’s regime. According to the prosecution, the place where detainees were held was referred to in coded language as the “Ayna Ghar” or sometimes as the “Art Gallery.”
Tajul Islam said, “The DGFI was established with the noble objective of protecting national independence and sovereignty, but it went beyond its mandate and surveilled opposition political figures.”
The Ayna Ghar, he said, stands as a grave example of the DGFI’s human rights violations. The torture inflicted on detainees has left lasting psychological wounds that many still carry.
The chief prosecutor pointed out that the then-government or its responsible officials did not acknowledge incidents of enforced disappearance. He referred to the case of Barrister Mir Ahmad Bin Quasem Arman, whose disappearance was raised before the High Court.
The then chief justice SK Sinha had said the court could do nothing since the government was not admitting to the incident.
Tajul Islam also said families of disappeared individuals were sometimes forcibly summoned to Ganabhaban under the pretext of offering consolation, while no steps were taken to recover the victims.
Describing conditions inside the disappearance facility, he said the detainees were kept in rooms without windows. Loud exhaust fans damaged many detainees’ hearing. If there was any likelihood of external sounds revealing the location, the exhaust fans would be turned up to the maximum.
Food was inadequate, proper clothing was not allowed, and sanitary conditions were poor. A single towel was used by all for washing hands and faces, causing skin infections. A single toothbrush was reportedly used by multiple detainees.
He said the accused in this case detained and disappeared numerous individuals, and that the evidence and allegations justified framing charges against them.
Case background and next steps
After the prosecution’s submissions, the tribunal set 9 December for hearing the defence. On that day, the defence will argue for discharge from the charges. Defence lawyers Azizur Rahman Dulu and Masud Salauddin were present.
On 22 October, the tribunal ordered that 13 army officers, including the three arrested officers, be sent to prison in two cases involving enforced disappearances and killings during Sheikh Hasina’s tenure.
They were later placed in a special sub-jail inside Dhaka Cantonment.
On 8 October, formal charges were submitted before the tribunal against 28 individuals, including ousted prime minister Sheikh Hasina, in connection with enforced disappearances during the ousted Awami League government.
After the hearing, the tribunal took the charges into cognisance and issued arrest warrants.
Seventeen individuals, including Sheikh Hasina and Tarique Ahmed Siddique, are accused in the disappearance case at the Taskforce for Interrogation (TFI) cell.
Thirteen, including the same two, are accused in the JIC disappearance case. Since Hasina and Tarique Ahmed Siddique are accused in both, the number of unique accused stands at 28. Among them, 13 have been arrested and the rest remain at large.
