Won't represent anyone found directly involved in enforced disappearances: Lawyer of 15 army officers
M Sarwar Hossain stated he would not defend those directly involved in enforced disappearances — including former Army chief Shafiuddin and two others against whom he himself had filed complaints — but would also ensure that "no innocent officer is punished in false cases (miscarriages of justice)"
Barrister and retired Major M Sarwar Hossain, the defence counsel for 15 army officers accused of crimes against humanity, has said he will not represent any army officer if charge sheets show they are directly involved in enforced disappearances.
The statement comes shortly after the 15 officers were sent to a sub-jail inside the Dhaka Cantonment following their appearance before the International Crimes Tribunal-1 (ICT-1) yesterday (22 October).
Hossain detailed his stance in a Facebook post yesterday, emphasising his commitment to justice over blind defence as he wrote, "The charge sheets for these 15 officers have not reached our hands yet. If the charge sheet shows anyone is directly involved in enforced disappearances, I will not fight for them."
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The barrister clarified that his position is to defend officers he believes are innocent and who were unable to prevent enforced disappearances due to circumstances.
The barrister clarified his position regarding the accused officers, including former Directorate General of Forces Intelligence DGFI director general lieutenant general retired Ahmed Tabrez Shams Chowdhury and retired maj gen Hamidul Haque, stating he will only defend officers he believes are innocent and were unable to prevent enforced disappearances due to circumstances.
"I will fight for former DGFI DG Lt General Shams Tabrez and Major General Hamid. I have known Tabrez sir as my unit officer and Hamid for 35 years; I am fully aware of their character and principles," he wrote.
Barrister Hossain also criticised the recent amendments to the Army Act 1973, stating that a new clause allowing immediate dismissal upon filing of charges amounts to "punishment before trial" and is "worse than a fascist government".
In his detailed Facebook post, Sarwar, who is defending 15 officers sent to jail, outlined his position on the ongoing judicial proceedings involving military personnel.
He targeted the most recent amendment to the Army Act, which was reportedly modified three times following the transition of power on 5 August 2024.
"The latest amendment states that immediately upon filing a charge, one is barred from contesting elections and will be dismissed from service, among other things. This is more horrific than a fascist government.
This is punishment before trial. This cannot be justice by any standard," he stated.
He warned that if this clause is allowed to remain, it would become the single biggest reason for a lack of fair trials in the future, as it pre-emptively penalises the accused.
Hossain emphasised a basic legal principle, "No one can be punished without being given a chance for defence."
He also expressed his "complete support" for the Chief of Army Staff General Waker-Uz-Zaman, praising his role in the July Uprising and the following transition of power.
"I have complete support for the army chief. He averted a bloodbath, and it is because of him that fascism ultimately collapsed," he said. "I will stand by the army chief. I will stand by the Army. I will stand by the endangered army officers and soldiers."
M Sarwar Hossain concluded by stressing his overall commitment to fairness, stating he would not defend those directly involved in enforced disappearances — including former Army chief Shafiuddin and two others against whom he himself had filed complaints — but would also ensure that "no innocent officer is punished in false cases (miscarriages of justice)."
The 15 officers, including six brigadier generals and one major general, were sent to a sub-jail inside the Dhaka Cantonment yesterday after surrendering before the International Crimes Tribunal-1 in connection with three cases related to crimes against humanity.
