Bangladesh approves law prescribing death penalty for perpetrators of enforced disappearance

Dhaka, Nov 6 (PTI) Bangladesh’s interim government on Thursday approved a draft ordinance prescribing the death penalty for perpetrators of “enforced disappearance”, amid the ongoing trial of ousted prime minister Sheikh Hasina and 15 serving military officers over crimes against humanity.

  "This is a landmark law. It will ensure that enforced disappearances never occur again in the country,” press secretary of Chief Adviser Yunus, Shafiqul Alam, said at a press conference after the advisory council, effectively the cabinet, approved the draft.

  He said the law criminalises the establishment of secret detention centres such as “so-called Aynaghar” and obligates courts to conduct trials under the proposed law within 120 days of the filing of charges.

After President Mohammad Shahabuddin’s assent, the ordinance will likely be enforced in the case of 15 army officers, Hasina and several of her colleagues in the ousted government, including the former police chief.

Bangladesh International Crimes Tribunal's chief prosecutor on October 16 sought the death penalty for deposed premier Sheikh Hasina, alleging that she was the "mastermind and principal architect" behind the crimes against humanity committed during the mass protests last year.

Hasina, 78, faces multiple cases in Bangladesh after being ousted in August last year following the mass student-led agitation in the country. According to a UN rights office report, up to 1,400 people were killed between July 15 and August 15 last year as Hasina's government ordered a security crackdown on protesters.

Hasina is facing the trial in absentia at Bangladesh’s International Crimes Tribunal (ICT-BD) along with several ministers of her government, while 15 serving military officers also appeared on the dock from the cantonment, complying with the tribunal’s arrest warrant.

  The military officers’ court appearance on October 22 came amid widespread speculations and unease over their trial in a civil court under a newly amended ICT-BD law instead of a military court under the Army Act.

  The ICT-BD prosecutor earlier warned the army of declaring 15 of their officers “fugitives” unless they were produced on the dock on the due date.

   The third amendment to the ICT-BD law, originally enacted to try hardened collaborators of Pakistani troops during the 1971 Liberation War, suggested that people charged under the law would be immediately disqualified to hold public offices and government services.

   But the military officers charged under the law to be tried in the ICT-BD still hold their position, and the prosecution too called them as serving officers, creating a dilemma over their status.

  Bangladesh army on Thursday said the government was yet to issue a clear directive regarding the job status of the officers, but added the issue demanded a legal explanation.

  Speaking at a press conference on Wednesday at Dhaka Cantonment, Brigadier General Mustafizur Rahman said, “There is no problem of legality, but rather a question of interpretation, as it can be understood in various ways." The issue has likely strained military's relations with the interim government.

   The army earlier said they took the 15 officers into their own custody since the ICT-BD issued arrest warrants against them on October 8, but the military declined the tribunal’s prosecution team’s demands for their court appearance within 24 hours.

   The 15 officers were brought before the tribunal on the due date of the hearing of the case on October 22 and subsequently kept in a makeshift prison inside Dhaka cantonment instead of any ordinary jail. PTI CORR RD RD RD