Enforced disappearance: Arrest warrants for army officers have reached relevant authorities, says ICT chief prosecutor
Tajul Islam says although media reports mentioned that 15 army personnel are in custody, the tribunal has not received any official information regarding the matter.
International Crimes Tribunal Chief Prosecutor Tajul Islam has said the tribunal's arrest warrants for some army officers in connection with enforced disappearance and torture have reached the relevant authorities on time.
While speaking to journalists today (12 October) during a recess in the hearing of a crimes against humanity case against ousted prime minister Sheikh Hasina and two others, Tajul said although media reports mentioned that 15 army personnel are in custody, the tribunal has not received any official information regarding the matter.
When asked about the current "status" of army officers reportedly taken into military custody in connection with disappearances, Tajul said, "I can speak about an issue if it concerns the jurisdiction of this tribunal. Beyond that, I am not the proper authority to comment on it."
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He, however, confirmed that the authorities to whom the warrants were sent have received them.
Explaining the tribunal's jurisdiction, Tajul said the International Crimes Tribunal Act, 1973 is a special law that also applies to personnel of the army, navy, air force, intelligence agencies and all other forces in Bangladesh.
He added that the crimes being tried under this act are not defined in ordinary Bangladeshi laws or even in the army, navy or air force acts, before noting that only the ICT has the legal authority to try such offences.
Tajul continued, "The law governing this tribunal is protected by the constitution of Bangladesh. Articles 47(3) and 47A of our constitution clearly state that any laws enacted to prosecute international crimes, such as crimes against humanity, war crimes or genocide, will take precedence even if they are inconsistent with the constitution.
"In other words, the constitution itself grants the 1973 International Crimes Tribunal Act a status stronger than the constitution. The constitution has given this law its protection."
The Bangladesh Army headquarters said yesterday that 15 army officers, facing arrest warrants issued in separate cases over enforced disappearances and torture committed during the Awami League's rule, had been taken into military custody.
Major General Md Hakimuzzaman, adjutant general of the Bangladesh Army, told the media, "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 that 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.
"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."
