Arrested army officials were not on DGFI duty during 'Aynaghar' tortures, defence lawyer tells ICT
The tribunal set 14 December for issuing an order on the framing of charges and the start of the trial.
The three former DGFI directors arrested in the crimes against humanity case over enforced disappearances and torture at the Joint Interrogation Cell (JIC), widely known as "Aynaghar", were not on duty when the incidents occurred, their defence lawyer told the International Crimes Tribunal-1 today (9 December).
Defence lawyer Azizur Rahman Dulu made the claim during a hearing before the two-member tribunal led by Justice Md Shafiul Alam Mahmood, as he sought the discharge of the three army officers from the charges.
He said former Directorate General of Forces Intelligence (DGFI) directors Maj Gen Sheikh Md Sarwar Hossain, Brig Gen Md Mahbubur Rahman Siddiqui, and Brig Gen Ahmed Tanvir Majhar Siddiqui were not serving at DGFI when the enforced disappearances and torture took place at the JIC during the Awami League's tenure.
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He further claimed that Brig Gen (retd) Abdullahil Aman Azmi, who was abducted by law enforcement agencies in 2016, "was not at the JIC cell or Aynaghar" during the period in question.
The three officers are among 13 accused in the case, which also includes former prime minister Sheikh Hasina. They were present in the dock during the hearing today.
Azizur Rahman Dulu presented four grounds on their behalf relating to unlawful detention, abduction, torture, and enforced disappearance, and requested that these be considered.
He also applied for the acquittal of the three accused. State defence lawyer Hasan Imam later argued on behalf of five fugitive accused, while Amir Hossain represented Sheikh Hasina.
The tribunal set 14 December for issuing an order on the framing of charges and the start of the trial.
Speaking at a press briefing after the hearing, Azizur Rahman Dulu said the defence argued that, according to the prosecution's own documents, three of the four grounds were not applicable.
He said the incidents occurred before Brig Gen Tanvir and Brig Gen Mahbubur Rahman joined the DGFI as directors.
"They have been held responsible in this case for crimes committed before their 'birth' in that position," he said.
He added that when victims Azmi and Michael Chakma were abducted and held in disappearance, the three officers "were not working at the DGFI" and "were not posted there".
The lawyer said Azmi had filed a complaint with the Army's Court of Inquiry and action had been taken against those found responsible in the report.
"Even there, these three individuals were not found guilty," he said.
He also argued that the place where Azmi was detained did not match the description of Aynaghar.
Before the tribunal, he described a 21-by-17-foot room with two doors, five windows, a bed, a table, wardrobes, cupboards, and an air conditioner.
"Therefore, this was not Aynaghar. It was some other place. These accused bear no responsibility for detaining this victim in Aynaghar," he said.
There are 13 accused in the case, including the three arrested army officers, while the remaining individuals have been listed as fugitives.
