July atrocities: Charges yet to be framed in most cases against cops

Infograph: TBS

Justice remains elusive in the cases filed against police personnel over their roles in the crimes committed during July uprising, including murder and torture.

Sources from various law enforcement agencies, including the Bangladesh Police, suggest that some 70-80 policemen have been arrested in Dhaka and elsewhere in the past one year.

Of the arrestees, 24 were apprehended in cases filed with 50 police stations within the Dhaka Metropolitan area. However, investigators have yet to submit charge sheets in most of the cases. Investigation agencies responsible, including police, PBI, CID, DB, have not yet provided a clear timeline for when these reports will be filed.

Usually, a trial begins only after a charge sheet is submitted and charges are formally framed by the court. Until that point, the case remains under investigation. Since charge sheets have yet to be filed in the majority of cases involving police personnel, most trials have not yet started.

A few exceptions exist, notably at the International Crimes Tribunal (ICT), where trials have begun in cases such as those involving former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun.

However, the exact number of cases and arrests involving policemen nationwide is difficult to ascertain. Many cases include both civilians and police as accused, and some officers appear in multiple cases.

No policeman punished yet 

Court sources, activists and civil society leaders say that instead of fulfilling their primary role of maintaining law and order, the police force, as a tool for political repression, had been assisting the party in power — engaging in abduction, murder, and extrajudicial killings. During the anti-discrimination student movement, the police were seen in a brutal role. 

However, as of now, there is no precedent of any police personnel being brought to justice or punished in the cases filed over the charges related to July violence and shootings.

When asked about the matter, Additional Attorney General Barrister Aneek R Haque told The Business Standard that the police force had remained inactive for a long period surrounding the July movement. This has created a significant gap. So, it will take some time to properly investigate the cases. 

"That gap requires time to overcome, but the police are now active. We hope the investigation agency will submit the charge sheets soon. Once that happens, the state will move quickly to bring the accused to trial," he said.

'Cases being investigated with utmost caution'

Regarding the progress of investigations into the cases surrounding the July uprising, Inspector General of Police (IGP) Baharul Alam recently told the media that the cases are extremely important, and that is why they are being investigated with utmost caution. 

"Ensuring a fair and thorough investigation is more important than rushing to submit charge sheets," he said. "If investigations are rushed and flawed, it could give the perpetrators an opportunity to be acquitted."

The IGP further said that the July uprising involved the killing of a large number of people, which is why the investigation will take more time. "Priority is being given to ensuring that the investigation of each related case is carried out properly."

Additional Deputy Police Commissioner of the DMP Prosecution Division, Main Uddin Chowdhury, told TBS that in connection with violence during the anti-discrimination movement, 706 cases have been filed across 50 police stations under the DMP, and 5,079 people have been arrested over the past year. 

"So far, around 24 police personnel have also been arrested in the cases [under DMP]. The charges in the cases include murder, attempted murder, assault, and torture."

TIB observes progress in 70% of investigations 

According to data from the Transparency International Bangladesh (TIB), a total of 761 cases have been filed against police across the country in the 11 months following the mass uprising. 

In the cases, 1,168 police personnel have been named as accused, and 61 of them have already been arrested, the watchdog found.  

TIB officials state that approximately 70% of the investigations are showing "satisfactory progress", and investigations into some 60-70 of the cases, filed on murder charges, are in their final stages.

Besides, of the cases filed against the police, 27 are currently under process at the International Crimes Tribunal (ICT). The cases involve a total of 206 accused policemen, of whom 73 have been arrested. So far, 429 complaints have been submitted against police at the tribunal, according to the court sources.

However, although trials began before amendments were made to the International Crimes (Tribunal) Act, the process has been somewhat slow.

Who are the arrestees?

The arrested police personnel include former IGPs Shahidul Haque and Chowdhury Abdullah Al-Mamun, former DMP commissioner Asaduzzaman Miah, former additional superintendent of police (ASP) of Dhaka District Police Abdullah Hil Kafi, former deputy commissioner of DMP (DB) Lalbagh Division Mashiur Rahman, former inspector of Jatrabari police station Majharul Islam, former assistant police commissioner of DB Gulshan Zone Iftikhar Mahmud, former director of the National Security Intelligence (NSI) Border Wing Commodore Monirul Islam, former commissioner of Gazipur Metropolitan Police Molla Nazrul Islam, former superintendent of police (SP) of Rangamati Training Centre Mohiuddin Faruqi, former ASP Alep Uddin, former ASP Shahen Shah, former ASP Jewel Rana, former ASP Md Rafiqul Islam, former commissioner of Chattogram Metropolitan Police Saiful Islam, former SP of Bangladesh Police Academy in Sarada, Rajshahi Tanvir Salehin Imon, former assistant police commissioner of DMP Badda Zone Rajan Kumar Saha, and former officer-in-charge of Jatrabari police station Abul Hasan.

'No scope for exemption'

Regarding the cases filed against police on murder charges, human rights activist Nur Khan Liton told TBS that there is no scope for exemption from responsibility for any of the killings — unless the parliament grants the accused police personnel immunity. 

He added, "Every single killing [during July Movement] must be brought to justice. A proper investigation should uncover the true motive behind each murder. Only if Parliament grants them [accused policemen] immunity can they be freed from charges in these cases."

Liton further said that from a humanitarian perspective, every single killing should be brought to justice. "Over the past 15 years, the fascist government has cultivated a hostile relationship between the people and the police. July killings are a consequence of that."