Defence seeks reinvestigation challenging ICT jurisdiction over 15 army officers

The defence lawyer for 15 army officers currently facing trial at the International Crimes Tribunal (ICT) has demanded a reinvestigation of the cases, arguing that the charges do not constitute crimes against humanity and should instead be addressed under the Army Act.

ABM Hamidul Mishbah, speaking to reporters at the ICT premises today (12 March), said the cases relate to enforced disappearances, killings, and other incidents during the July uprising. "The three cases filed against the officers do not fall under the tribunal's jurisdiction. The accused are serving army officers, and they should be tried under the Army Act, which provides an adequate legal framework," he said.

During the interim government's tenure, two cases were filed over disappearances and one over killings during the July uprising, resulting in the current detention of the 15 officers. Mishbah questioned the basis for filing these three separate ICT cases, alleging they were initiated on the instruction of Professor Muhammad Yunus, then Chief Adviser of the interim government. 

"Since the orders came from him (Prof Yunus), it is essential to investigate under what circumstances, and on whose instruction or request, he had granted permission for these cases to be initiated," he said.

The lawyer also noted that the interim government amended the tribunal law after 5 August 2024 to enable these trials, despite the Army Act being applicable. "This amendment deliberately conflicted with existing military law," Mishbah said, suggesting the move was intentional.

Highlighting the conduct of the accused officers, Mishbah said they voluntarily surrendered and cooperated with the trial. "They could have refused, but they came here respecting the law. If any offence was committed, justice should be served according to proper legal provisions," he added.