The Transparency International Bangladesh (TIB) has raised serious concerns over the government’s decision to keep under military custody the army officers accused of enforced disappearances, extrajudicial killings and torture during the last fallen authoritarian regime.
Such a decision undermines the constitutional commitment to equality before the law, the watchdog said in a statement on Tuesday. The TIB has called for the immediate withdrawal of what it described as a “discriminatory” decision.
TIB Executive Director Iftekharuzzaman said, “Professional identity or rank should not be a factor in the trial of those accused of crimes against humanity. Granting anyone special privilege in such cases is a clear violation of justice.”
He also said, “If other accused individuals are detained in civilian prisons, why should there be separate sub-jails or special arrangements for the accused army officers?”
The TIB has warned that such unequal treatment could undermine the credibility of the International Crimes Tribunal (ICT) and create confusion among victims and their families.
Citing the constitution and international law, Iftekharuzzaman stressed that no one accused of crimes against humanity should receive special privileges.
Referring to the Rome Statute of the International Criminal Court and the Nuremberg Principles, he said, “Military rank or official status cannot shield anyone from justice.”
He further noted that under the International Convention for the Protection of All Persons from Enforced Disappearance, the government is obligated to ensure justice for victims of enforced disappearances.
“The accused’s social or institutional position cannot influence the judicial process in any way,” he emphasised.
Iftekharuzzaman also pointed out that in some cases, the military has handed over accused officers to the police after arresting them at airports, calling it a “positive example.”
