‘It’s up to the army’

The prosecution of the International Crimes Tribunal (ICT) could not clearly state the current service status of the 15 "serving" army officers against whom formal charges have been pressed in two cases over enforced disappearances and another over killings during the July uprising.

Asked yesterday about their status under the amended ICT Act -- which stipulates that once formal charges are pressed, the accused's service automatically ends -- ICT Prosecutor Gazi Monawar Hossain Tamim said, "What the law states is the legal interpretation. It is now up to Army Headquarters to decide when to apply the law. Until it is applied, they can be considered serving officers."

Tamim made the remark while briefing journalists on the day's ICT-1 proceedings, which included deferring hearings in the three cases involving 32 accused, including the 15 officers.

Under a recent amendment to the International Crimes (Tribunal) Act, 1973, anyone formally charged in such cases is automatically disqualified from holding or contesting public office, even before the tribunal takes cognisance.

The tribunal rescheduled hearings in the two enforced disappearance cases to November 23, instead of November 20, and fixed November 24 for the Rampura killings case, previously set for November 5, following prosecution petitions seeking more time for preparation and citing personnel problems.

Deposed prime minister Sheikh Hasina and her former defence adviser, Major General (retd) Tarique Ahmed Siddique, are accused in both the enforced disappearance cases.

On October 8, the tribunal issued arrest warrants against 32 accused -- including 25 serving and retired army officers -- after taking cognisance of the formal charges. Fifteen of the officers were produced before the court on October 22.

Meanwhile, the tribunal granted a two-month extension for the ICT investigation agency to submit its report in another crimes against humanity case against Hasina and Major General (relieved) Ziaul Ahsan over enforced disappearances. The next hearing was set for December 11.

Prosecutor Tamim said the agency had informed the prosecution that the probe was nearing completion.

In another development, the ICT-1 rejected a bail petition filed for former officer-in-charge of Konabari Police Station, KM Ashraf, accused in a case over the killing of 20-year-old college student Hridoy on August 5 last year.

Videos circulated on social media show police shooting Hridoy from point-blank range as several law enforcers surrounded him at Konabari in Gazipur before dragging his body towards the nearby police station.

According to the prosecution, his body was dumped in a river in the area, and it has not yet been found.

The tribunal's investigation agency is currently probing the case.

Defence counsel sought bail on humanitarian grounds, citing that Ashraf's wife has cancer and recently underwent surgery, requiring his presence. The prosecution opposed the plea, arguing that the ICT Act provides no scope for bail. After hearing both sides, the tribunal rejected the petition.