Decision to keep accused officers in military custody questionable in principle of law: TIB
In a statement issued today (14 October), TIB said the move is “questionable in light of constitutional commitments and the fundamental principle of equality before the law.”
The Transparency International Bangladesh (TIB) has raised serious concerns over the decision to keep Bangladesh Army officers, who have been accused of enforced disappearances, extrajudicial killings, and torture during the fallen authoritarian regime, in military custody inside cantonments.
In a statement issued today (14 October), TIB said the move is "questionable in light of constitutional commitments and the fundamental principle of equality before the law."
The organisation urged the government to immediately withdraw what it described as a "discriminatory" decision and to clarify the rationale behind treating accused military officers differently from other individuals facing similar charges.
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On 11 October, the army said 15 army officers, who were facing arrest warrants issued in separate cases over enforced disappearances and torture committed during the Awami League's rule, have been taken into military custody.
TIB Executive Director Dr Iftekharuzzaman said, "How can discrimination based on identity or position be acceptable in cases involving the same allegations? In the trial process of individuals accused of crimes against humanity, there is no scope to consider professional identity or rank. Granting or assessing anyone with special privileges in this way goes against the principle of justice."
He added that the creation of special sub-jails for military officers accused of crimes against humanity undermines the equality of all citizens under the law. "If other accused persons can be held in civilian custody under regular procedures, what is the justification for establishing specialised sub-jails for accused military officers?" he asked.
TIB warned that such actions could "call into question the judicial process of the International Crimes Tribunal" and risk creating "public confusion about the government's intentions, particularly among victims and their families."
The watchdog urged the government to take "effective measures" to ensure the impartiality and transparency of the trials.
Citing Article 27 of the Constitution, which guarantees equality before the law, Dr Iftekharuzzaman emphasised that "no person accused of crimes against humanity is entitled to any special privilege — this applies equally to members of the armed forces."
He also referred to Bangladesh's obligations under international law, including the Rome Statute of the International Criminal Court and the Nuremberg Principles, both of which reject immunity based on official position.
"Regardless of what may be stated under national military laws, they do not apply to those accused of crimes against humanity," he said.
TIB further pointed out that as a signatory to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Bangladesh has committed to ensuring justice for victims of such crimes without discrimination.
