‘All citizens equal before the law’: ICT rejects Army officers’ virtual appearance plea

The tribunal says no special consideration can be given to accused Army officers seeking to appear virtually

The International Crimes Tribunal (ICT) has declined a request from several detained Army officers to appear before the court virtually, saying all citizens are equal in the eyes of the law.

The officers, arrested in two cases relating to alleged enforced disappearances and torture during the Awami League government, had sought permission to join proceedings online rather than being produced in person.

A two-member bench led by Justice Golam Mortuza Mozumder delivered the remarks during a hearing on Sunday.

Defence lawyer Masud Salauddin argued for the officers’ virtual appearance.

But the tribunal chairman responded, “The law is equal for everyone. The chief justice and the most senior Appellate Division judges attend court regularly. Senior ministers also appear when required. You may still make your submissions if you wish.”

Chief Prosecutor Tajul Islam later told reporters that the court saw no grounds for special treatment for the Army officers.

“Since a former chief justice who is in prison must attend physically, as do senior ministers and others facing charges, there is nothing exceptional here that would allow virtual appearance,” he said.

“However, the court has said it will hear the defence application again at a suitable time.”

The tribunal also confirmed the appointment of senior Supreme Court lawyer ZI Khan Panna as state-appointed defence counsel for ousted prime minister Sheikh Hasina in the two cases.

Thirteen Army officers were brought before the tribunal around 10am on Sunday in a prison van. Army, Border Guard Bangladesh (BGB), Rapid Action Battalion (RAB) and police personnel were deployed to strengthen security near the tribunal and in the Mazar Gate area.

At least 10 out of the 17 accused in the case over the torture of detainees held in RAB's Task Force Interrogation (TFI) cell (also known as “Ayna Ghor” cells), were taken to the tribunal.

They are:

• Former RAB additional director general (ops) Brig Gen Md Jahangir Alam

• Former RAB additional director general (ops) Brig Gen Tofail Mostafa Sarwar

• Former RAB additional director general (ops) Brig Gen Md Kamrul Hassan

• Former RAB additional director general (ops) Brig Gen Md Mahbub Alam

• Former RAB director (Intelligence Wing) Lt Col Md Moshiur Rahman Jewel

• Former RAB director (Intelligence Wing) Lt Col Saiful Islam Sumon

• Former RAB additional director general (ops) Col Abdullah Al Momen

• Former RAB additional director general (ops) Col Anwar Latif Khan (now in LPR)

• Former RAB additional director general (ops) Col KM Azad

• Former RAB director (Intelligence Wing) Lt Col Md Sarwar Bin Quasem

Seven accused in the case, including Hasina, her former home minister Asaduzzaman Khan Kamal, and her defence and security advisor Tarique Ahmed Siddique, are absconding.

Three of the 13 accused arrested in the case of torture in the Army's Joint Interrogation Cell (JIC) have been taken to the tribunal. They are:

• Former DGFI (CTIB) director Brig Gen Md Mahbubur Rahman Siddique

• Former DGFI (CTIB) director Brig Gen Ahmed Tanvir Mazahar Siddiqui -- also the former media chief of the agency

• Former DGFI (CTIB) director Maj Gen Sheikh Md Sarwar Hossain

Ten accused in the case, including ousted prime minister Hasina and her defence advisor Tarique, are absconding.

Earlier, on Oct 22, a total of 15 Army officers arrested in three cases were presented before the tribunal. The other suspects were accused in a case of crimes against humanity over the killing of 28 people in Dhaka’s Rampura-Banasree area during the July Uprising.