Tribunal Rejects Virtual Appearance Request for Arrested Army Officers in Crimes Against Humanity Case

The International Crimes Tribunal-1 has rejected a petition seeking virtual court appearances for several army officers arrested in a case concerning allegations of enforced disappearances and torture committed under the Rapid Action Battalion’s TFI Cell during the tenure of the Awami League government. The order was issued on Wednesday, 3 December, by a bench headed by Justice Golam Mortuza Mojumder.

The matter arose during a hearing on the framing of charges, during which Chief Prosecutor Mohammad Tajul Islam read out the formal charge sheet before the tribunal. Following this, defence counsel Advocate Tabarak Hossain appeared in court and submitted a petition requesting that the arrested army officers be allowed to join the proceedings virtually. The tribunal, however, dismissed the petition and instructed that the accused must appear physically before the court.

Earlier in the morning, the authorities produced ten arrested army officers before the tribunal. Later in the day, Advocate Dr Tabarak Hossain represented seven of them during the hearing on the virtual-appearance application. The tribunal inquired whether he wished to proceed with the application for virtual attendance or present the plea seeking discharge of the accused. The lawyer replied that he required time to prepare the discharge petition and was present only to argue for virtual participation.

During the hearing, the tribunal asked the defence to explain the necessity of virtual attendance. Advocate Tabarak argued that the accused were army officers and were facing a “media trial”. He claimed that, even if eventually acquitted, they might face difficulties returning to their respective regiments under the army command structure. He asserted that there was a significant likelihood of their innocence being proven.

In response, the tribunal’s chairman stated, “This court is not trying any army officer for their military role. Although they are members of the armed forces, at the relevant time they were serving with RAB—a unit under the police. This tribunal holds equal respect for the armed forces and for civilians. Here, even the Chief Justice and government ministers appear in person.”

The tribunal subsequently invited the prosecution to present their position. Chief Prosecutor Mohammad Tajul Islam stated, “There is no provision in the tribunal law that permits such an arrangement.” Advocate Tabarak countered that whether to grant or reject the petition was entirely within the tribunal’s jurisdiction and was not strictly a matter of legal prohibition.

The case lists seventeen individuals as accused, including former Prime Minister Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal. Of the seventeen, ten army officers are currently under arrest. They are: former RAB Additional Director General Brigadier General Md Jahangir Alam; Brigadier General Tofayel Mustafa Sarwar; Brigadier General Md Kamrul Hasan; Brigadier General Md Mahbub Alam; Colonel KM Azad; Colonel Abdullah Al Momen; Colonel Anwar Latif Khan; Colonel Moshiur Rahman; Lieutenant Colonel Saiful Islam Sumon; and Lieutenant Colonel Sarwar Bin Kashem.

The fugitives include former Prime Minister Sheikh Hasina, former Home Minister Asaduzzaman Khan Kamal, former Defence Adviser Major General (Retd) Tarique Ahmed Siddique, former Inspector General of Police Benazir Ahmed, former RAB Director General M Khurshid Hossain, Barrister Harun-ur-Rashid, and former RAB Director Lieutenant Colonel (Retd) Khairul Islam.

The tribunal has set 14 December as the date for hearing the discharge petitions submitted on behalf of the accused.