The prosecution at the International Crimes Tribunal (ICT) is nearing completion of a single case bringing together around 250 enforced disappearance complaints from 2011 to 2024, to be tried as “widespread and systematic” crimes against humanity, with the formal chargesheet expected to be submitted by September.
According to the Office of the Chief Prosecutor, the cases involve people allegedly picked up in plainclothes or by individuals identifying themselves as members of law enforcement agencies during the 15-year rule of the ousted Awami League government.
The proposed case is being prepared as a crimes against humanity case.
A special team of five investigators specialising in enforced disappearances is conducting the investigation under the direct supervision of Chief Prosecutor Mohammad Aminul Islam.
Speaking to Daily Waadaa yesterday, Aminul said, “We have collected detailed information, photographs, statements from the families and CCTV footage relating to 250 people on a priority basis.
“To save time during the trial and ensure justice for the victims, separate charges will be framed for each family, and the trial proceedings will be completed under a single historic case,” the chief prosecutor said.
Of the 250 complaints, 150 came from ‘Mayer Dak’, 60 from ‘Amra Gum Poribar’, and the rest from other human rights organisations and individuals.
The complaints include high-profile disappearance cases involving BNP leaders M Ilias Ali and Chowdhury Alam.
A public hearing and meeting with members of the victims’ families is scheduled for September 6.
The development comes on the International Day of the Victims of Enforced Disappearances, observed today, as families of those missing continue to await answers about the fate of their loved ones.
Three enforced disappearance cases already pending
At present, three major cases involving enforced disappearances as crimes against humanity are pending before International Crimes Tribunal-1.
In the TFI Cell case, former Prime Minister Sheikh Hasina is among the 17 accused.
Ten army officers who served in RAB have been arrested in connection with the case.
The JIC (Aynaghar) case centres on a secret detention facility operated by the Directorate General of Forces Intelligence (DGFI).
Sheikh Hasina is among the 13 accused, while three former senior DGFI officials are currently in jail.
In the Ziaul Ahsan case, the former army officer is facing trial over allegations of more than 100 enforced disappearances and killings.
Investigations into 10 more enforced disappearance cases are also underway under International Crimes Tribunals-1 and 2.
Eight more accused persons have been arrested in connection with those cases.
Prosecutor cites accounts of killings after disappearances
Prosecutor Shyikh Mahdi told Waadaa yesterday that three cases currently pending before the tribunal contain accounts of people allegedly being killed after their disappearance and their bodies disposed of in rivers.
“Three cases are currently pending before the tribunal. There are horrific accounts of several RAB officials killing people from different professions and sections of society after their disappearance, cutting open their abdomens and floating their bodies down rivers tied to cement bags.
“Reviewing the information in the statements given to the International Crimes Tribunal, it was found that the victims’ abdomens were cut open with sharp knives so that the bodies would sink quickly underwater or would not resurface.
“Heavy pieces of brick or cement bags were tightly tied to the bodies…The bodies were thrown into the Buriganga and other rivers.
Besides, investigations into 250 complaints are ongoing, he said.
While the tribunal moves towards prosecuting past cases, families of people who have gone missing continue to seek answers.
The family of Miraj Sheikh of Mongla in Bagerhat says members of the Coast Guard picked him up after the evening of 10 April. The Coast Guard has denied the allegations.
More than four months after his disappearance, his whereabouts remain unknown.
The family has filed a general diary (GD), held a press conference and submitted applications to various government offices, but says none has yielded information about Miraj.
His elderly father later turned to the High Court.
On 12 July, the High Court ordered the law enforcement agencies and other relevant authorities to find Miraj and produce him before the court within 15 working days.
The deadline has since passed. On 24 August, family members said they still had no information about Miraj and that his fate remained unknown.
Legal framework for prosecuting enforced disappearances
Following the 2024 July Uprising, the interim government amended the International Crimes (Tribunals) Act, 1973, in three phases, defining enforced disappearance, abduction and torture as “crimes against humanity” in line with the Rome Statute.
Under Section 4 of the recently approved Enforced Disappearance Prevention and Remedy Act, a disappearance committed in a widespread and systematic manner will be directly triable before the tribunal.
The draft law defines enforced disappearance as a distinct criminal offence, carrying a maximum sentence of life imprisonment.
The United Nations Working Group on Enforced or Involuntary Disappearances and international human rights experts have provided formal observations on Bangladesh’s proposed law on the prevention of enforced disappearances and its inspection procedures.
They have said an independent investigation should begin as soon as information about a disappearance is received, without waiting for a formal case to be filed.
The investigation should continue with the participation of the family until the whereabouts of the disappeared person are clarified.
Human rights activists say the disappearance of Miraj Sheikh is a major test of the integrity and effectiveness of the current administration.
They believe all places of detention – including police custody, intelligence agencies and military facilities – should be brought under the inspection of an independent authority.
Justice Moinul Islam Chowdhury, chairman of the commission formed during the interim government to investigate enforced disappearances, said at a press conference yesterday that it is difficult for a victim’s family to identify at the outset which force was involved in a disappearance.
“The safest option is to conduct the investigation through an independent body that will not be under the control of the police or any force. Only then will a fair and impartial investigation be possible,” he said.