15 army officers innocent; real culprits fled to India: Defence lawyer
Former IGP Chowdhury Abdullah Al Mamun, a state witness, testified that the crimes were committed under orders from former prime minister Sheikh Hasina and ex-home minister Asaduzzaman Khan Kamal
The defence counsel for the 15 army officers accused of crimes against humanity has claimed that his clients are innocent and that the real perpetrators have already fled to India.
Retired Major and Barrister M Sarwar Hossain, the defence lawyer, told reporters today (22 October) that the officers surrendered before the tribunal out of respect for the law.
"These 15 military officers are innocent and have no involvement in any criminal activities. Those actually responsible for enforced disappearances and extrajudicial killings have already escaped to India," he said.
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He further added, "In one of the cases, former Inspector General of Police (IGP) Chowdhury Abdullah Al Mamun testified as a state witness, stating that all the crimes were carried out under the directives of former prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal. The officers who implemented those directives and were involved in abductions and killings for years have now fled to India."
The 15 accused in the three cases are - Brigadier General Md Kamrul Hasan, Brigadier General Tofayel Mostafa Sarwar, Brigadier General Md Mahbubur Rahman Siddique, Brigadier General Ahmed Tanvir Majhar Siddique, Brigadier General Md Mahbub Alam, Brigadier General Md Jahangir Alam, Major General Sheikh Md Sarwar Hossain, Colonel Anwar Latif Khan, Colonel Abdullah Al Momen, Colonel AKM Azad, Colonel Md Sarwar Bin Kashem, Lieutenant Colonel Md Moshiur Rahman Jewel, Lieutenant Colonel Saiful Islam Sumon, Lieutenant Colonel Md Redwanul Islam and Major Rafat Bin Alam Mun.
Barrister Sarwar made the remarks after the tribunal ordered the 15 army officers, previously in military custody, to be sent to jail earlier in the day.
He explained that on 8 October, arrest warrants were issued in three separate cases against several current and former army officials, after which 15 accused were taken into military custody at the Army Headquarters. Today was the scheduled date for their appearance in court.
"Showing respect to the law, they voluntarily surrendered before the tribunal today. The court has permitted us to represent them, and we have submitted three petitions - including one seeking bail, one for privileged communication, and another requesting that they be kept in a sub-jail. These petitions will be heard at the next hearing," he added.
He said the jail authorities would decide on their placement in the sub-jail declared inside the cantonment. The tribunal has also fixed 20 November as the next hearing date and for issuing public notices for the absconding officers.
Clarifying the situation, Barrister Sarwar said, "Technically, the prosecution is calling it an arrest, but we call it a surrender. They came here voluntarily this morning. They were not arrested by the police. For administrative and security reasons, they were brought in a vehicle provided by the authorities. This was a matter of convenience."
Earlier in the morning, the officers were brought to Tribunal-1, headed by Justice Md Golam Mortuza Mojumder, under tight security from a temporary jail located within the cantonment area.
On 11 October, the Bangladesh Army headquarters stated that the 15 officers, against whom arrest warrants had been issued in the cases, had been taken into military custody.
Major General Md Hakimuzzaman, adjutant general of the Bangladesh Army, told reporters at the time, "A total of 15 accused officers are now in army custody, while one officer remains unaccounted for. He left his residence one morning and has not returned since. Efforts are underway to trace his whereabouts."
He identified the missing officer as Major General Kabir Ahmed.
"On 8 October, we learned that arrest warrants had been issued against 25 former and current army officers. However, we have not yet received any official copy of the warrants; none have been handed over to us so far," Hakimuzzaman said.
"Among the 25 officers, some are retired while others are still in service. Nine have retired, one is on leave preparatory to retirement [LPR], and 15 are currently serving," he added.
Aside from the 15 sent to jail, others accused in these cases include Brig Gen Kamrul Hasan, Maj Gen Kabir Ahmed, Col Anwar Latif Khan, Lt Col Md Sarwar Bin Kashem, retired maj gen Hamidul Haque, retired maj gen Mohammad Towhid-ul Islam, retired maj gen Tarik Ahmed Siddique, retired maj gen Md Saiful Alam, retired lt gen Ahmed Tabrez Shams Chowdhury, retired lt gen Md Akbar Hossain, retired lt col Khairul Islam, and retired lt col Makhsurul Haque.
