Tension is brewing in the Bangladesh Army and the interim government following the arrest warrants by the International Crimes Tribunal (ICT-BD), as the Jamaat-aided officers are gaining strength and attempting to erase the pro-liberation elements.
The arrest warrants, issued by the Jamaat-controlled ICT-BD on October 8, are part of a blueprint by Pakistanโs pro-jihadist Inter-Services Intelligence (ISI) agency to weaken the army chief, General Waker-uz-Zaman, and the Directorate General of Forces Intelligence (DGFI) and establish the Islamic Revolutionary Army (IRA).
On Saturday, the army said that they had taken 15 officers into custody on charges of crimes against humanity in the disappearance and murder cases. One of them was on PRL or post-retirement leave. An officer named Major General Kabir Ahmed has been missing since October 9.
Adjutant General Major General Md. Hakimuzzaman gave this information at a press conference organised at Mess-1 of Dhaka Cantonment.
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The ICT-BD ordered the authorities concerned to arrest them by October 21 and present them before the tribunal on October 22.
ISI blueprint
Behind the scenes is Retired Brigadier General Abdullahil Amaan Azmi, the son of top war criminal and former Jamaat-e-Islami chief Ghulam Azam, who appeared on the scene on August 7 last year after eight years.
Azmi is closely collaborating with some pro-Pakistani army officers, including National Security Advisor Khalilur Rahman, Lt. Gen. Kamrul Hasan, the Principal Staff Officer to the Chief Adviser, Lt. Gen. Mohammad Faizur Rahman, and Major General Asadul Haque, the newly transferred GOC of the 9th Infantry Division and Area Commander of Savar.
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Brig Azmi is also assisted by some sacked officers, like Brigadier General (Retd) Mohammad Hassan Nasir, Lt Col (Retd) Hasinur Rahman and Major (expelled) Syed Ziaul Haque, a top leader of al-Qaeda in the Indian Subcontinent (AQIS).
Meanwhile, the ISI officials are regularly visiting Bangladesh, as it has already established an office in Dhakaโs Mohakhali DOHS area.
The retirement of Major General Moin Khan on August 21 paved the way for the pro-Pakistan bloc to establish supremacy in the Bangladesh Army and the DGFI. Army Chief Gen Waker had requested Chief Adviser Muhammad Yunus to extend Moinโs tenure as the GOC of the 9th Infantry Division, but the file was left in the shelf for over a month at the instruction of Lt Gen Kamrul and Adviser Khalilur.
With Maj. Gen. Asadul holding the fort in Savar, the Jamaat-ISI blueprint becomes an easy task, under which they plan to assassinate General Waker, overthrow Muhammad Yunus, install a pro-Pakistani caretaker government of civil society leaders, jurists and former military officials, before launching a crackdown on the BNP in the second phase.
Preparations for the crackdown have already begunโfrom using the media to portray the BNP negatively to making a wanted list of 3,800 leaders and activists, who will be shown as extortionists and terrorists. During the arrests, the joint forces will make claims of recovering a huge stash of arms, ammunition and explosives and label the BNP as a terrorist party to create grounds for banning it.
The Special Branch of the Police has prepared the list, which also includes some top leaders of the BNP who are against forging a tie with Jamaat-e-Islami.
Following the arrests, the Jamaat nexus will suspend the February elections and implement the ISI blueprint of establishing the IRA and preparing suicide squads with jihadists of Ansar al-Islam, Rohingyas and stranded Pakistanis.
Apart from serving military officers, this nexus has three former officers as its key patrons in the second tier: former army chief General Iqbal Karim Bhuiyan, former DGFI chief Maj Gen (Retd.) Rezzakul Haider Chowdhury, and Brig (Retd.) Azmi.
The third tier includes some former officers in the middle: Brig. (Retd.) Hassan Nasir, Lt. Col. (Retd.) Hasinur, Major (expelled) Zia, Major (Retd.) Sumon Ahmed, and Lieutenant SKSM Abrar Intisar Inzamam.
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The Awami League government banned Jamaat due to its covert terrorist activities as well as for masterminding the July-August riots to unseat the government, under the guise of a student-led uprising against the quota system in public service.
In many countries, the Jamaat is banned since it is an offshoot of the Muslim Brotherhood. This radical Islamist party is also affiliated with CAIR, or the Council on American-Islamic Relations, a Muslim civil rights and advocacy group funded by Jamaat.
Can the ICT-BD try army officers?
The ICT-BD, formed in 1973 to try war criminals, has been under severe criticism for initiating trials of the Awami League leaders and government officials for various crimes, including murders, disappearances and torture in custody by amending the law beyond jurisdiction, through executive orders of the chief adviser.
The prosecution said that evidence of the involvement of these officers in the disappearances and murders that occurred during the 15-year rule of the Awami League government has been found in the investigation.
Previously, allegations against army officers have been tried outside the conventional judicial system in the military courts. In these cases, some of them have been sentenced to death, while others have been sentenced to life imprisonment. However, this is the first time in the country’s history that so many army officers have been tried simultaneously in an outside court while serving.
As a result, what kind of action the army will take regarding serving army officers is now a hot topic. Discussions are also underway about who will be responsible for arresting the accused and handing them over to the court. The focus of the discussion is on army law, criminal law and tribunal law. There are different opinions on what to do in such a situation.
Among the army officers against whom the tribunal has issued arrest warrants, those serving in the armed forces are Major General Sheikh Md. Sarwar Hossain, Major General Kabir Ahmed, Brigadier General Mahbubur Rahman Siddiqui, Brigadier General Ahmed Tanvir Mazahar Siddiqui, Colonel Anwar Latif Khan, Brigadier General Md. Jahangir Alam, Brigadier General Tofail Mostafa Sarwar, Colonel KM Azad, Brigadier General Md. Kamrul Hasan, Brigadier General Md. Mahabub Alam, Colonel Abdullah Al Momen, Lieutenant Colonel Sarwar Bin Kashem, Lieutenant Colonel Mashiur Rahman Jewel and Lieutenant Colonel Saiful Islam Sumon.
Although these army officers are currently serving in various units of the armed forces, they were previously working in the Rapid Action Battalion (RAB) and the DGFI.
The retired army officers include former Prime Minister Sheikh Hasina’s former defense and security adviser Major General (Retd.) Tariq Ahmed Siddiqui, Lieutenant General Md. Akbar (Retd.) Hossain, Major General (Retd.) Md. Saiful Abedin, Lieutenant General (Retd.) Md. Saiful Alam, Lieutenant General (Retd.) Ahmed Tabrez Shams Chowdhury, Major General (Retd.) Hamidul Haque, Major General (Retd.) Mohammad Touhid ul Islam, Lieutenant Colonel (Retd.) Makhsurul Haque and Lieutenant Colonel (Retd.) Muhammad Khairul Islam.
When asked what action would be taken against the army officers serving under the ICT-BD order, many of the former army officers refused to comment. The Inter-Services Public Relations (ISPR) also said that no comment or statement will be made on the matter.
Two former army officers, who did not wish to be named, told Bangla Tribune that the responsibility of taking legal action against serving army officers lies entirely with the army authorities.
According to them, if an army member is involved in a criminal offense, he is first taken to army custody and later court-martialed under army law. If found guilty in the court martial, the officer concerned is dismissed from the force or, if necessary, discharged. According to the provisions of army law, if the person is sentenced to imprisonment for up to three months, he is kept in army custody. However, if the sentence is longer than this, he is sent to a general prison.
They said that similar legal steps were taken in the arrest and trial of army officers in the Narayanganj seven-murder case and the attack on former mayor of Dhaka South City Corporation, Barrister Fazle Noor Taposh. However, the kind of action the army will take in implementing the orders of the ICT-BD is entirely within the jurisdiction of the army authorities.
In the 2014 seven-murder incident in Narayanganj, three people, including the then commander of RAB-11, Lieutenant Colonel Tarek Sayeed Mohammad, were initially detained and tried under military law. Later, they were dismissed from service and handed over to a judicial court.
The court sentenced three army officers, including Tarek Sayeed, to death. They are now in a prison cell. In addition, five army officers were sentenced to five years in prison by a military court in the attempt to murder case of Barrister Fazle Noor Taposh. Later, they were sent to Dhaka Central Jail. In addition, officers and members of various forces, including the former chiefs of NSI and DGFI and police, were tried in the judicial court in the August 21 grenade attack case and the 10-truck weapons case.
Meanwhile, a notification was issued by the Ministry of Law on October 6, bringing some amendments to the ICT-BD Act. The notification states that this Ordinance shall be called the International Crimes (Tribunals) Third Amendment Ordinance and shall come into force immediately. A new Section 20-C has been inserted after Section 20-B of the Ordinance.
Sub-section (1) of this new section states that if a formal charge is filed against a person in the International Crimes Tribunal for crimes against humanity committed during the July Uprising, he will no longer be able to participate in the National Parliament and local government elections. He will not even be able to hold any government service. It further states that, notwithstanding anything contained in the above Sub-section (1), this section shall not apply to a person who has been discharged or acquitted by the Tribunal. In addition, if a formal charge is filed against a person in the Tribunal, that person, if he is a government employee, will not be able to hold that position.
ICT-BD Prosecutor Farooq Ahmed said: “According to the law of the tribunal, there is no legal obstacle in the trial of serving army officers. After taking into account the charges against them and issuing an arrest warrant, it is the responsibility of the relevant force authorities to hand over the concerned army officers to court. Anyone can be tried under this law.”
Previously, senior Supreme Court lawyer Aminul Islam has fought for the accused in several cases where members of the military and paramilitary forces were tried in the judicial court.
Asked about the trial of serving army officers in the judicial court, he said: “According to the law and ordinance of the tribunal, there is no legal obstacle in the trial of the concerned officers. When they are handed over to the tribunal, they are supposed to be released and handed over. In that case, they will get the status of ordinary citizens. There is no need to keep them in special custody. They will be in jail custody like ordinary prisoners. “It is stated in the prison code who will get special benefits. In the past, army officers have been tried in conventional courts.”
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