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[🇧🇩] International Crimes Tribunal Act & The Crimes Against Humanity

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July atrocities: Trial of top brass to be completed within a year
Say law adviser, ICT

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The top leaders of the ousted Awami League regime who stand accused of commanding the crimes against humanity during the July uprising will be brought to book within a year, speakers said at a dialogue yesterday.

Law Adviser Asif Nazrul said, "Next year, we aim to celebrate the Victory Day by meting out justice to mass murderers."

He added that while amending the International Crimes Tribunal (ICT) law, the government intentionally refrained from including any provisions to try the AL as a political party.

"We want this trial process to be internationally accepted. We don't want to give anybody the scope to say this court is politically motivated," the adviser told the National Dialogue-2024, organised by the Forum for Bangladesh Studies at the Krishibid Institute Bangladesh.

Speaking at the same session, ICT Chief Prosecutor Tajul Islam said, "The tribunal cannot bring to justice every single officer or individual involved in crimes against humanity [within the time frame of the interim government]. But we'll bring the 'top commanders' to justice."

He added that this will include Sheikh Hasina and those who acted as deputies in the chain of command. "Let the criminal courts deal with the rest."

The chief prosecutor further said the tribunal, with 17 investigation officers and 10 prosecutors, are being realistic with their ambitions.

Attorney General Asaduzzaman said, "One of our challenges is making sure this tribunal can never be called a 'kangaroo court' and verdicts be questioned.

"We're faced with the reality that many criminal cases are being filed under questionable circumstances and people are being victimised. But we want to assure you that those cases will not impact the processes of the ICT, which will not focus on one or two incidents, but rather attempt to prove that crimes against humanity were committed in the whole."

General Secretary of Biplobi Workers Party Kazi Saiful Haque cautioned against indulging in vengeful tactics and urged upholding the spirit of justice.

He said it has to be decided who had the command responsibility, and who were field officers carrying out the orders. "The kind of justice meted out to each of these two categories will be different."

Bangladesh Jamaat-e-Islami Publicity Affairs Secretary Motiur Rahman Akand expressed frustrations at the speed of the judicial process. "It has been 141 days already and we're yet to see any trial successfully completed. We feel the government is not being swift enough."

Speakers also demanded the trial of officers of the Directorate General of Forces Intelligence (DGFI) for their role in perpetrating enforced disappearances.

"The DGFI is not acknowledging that it was linked to enforced disappearances. There needs to be accountability," said Sanjida Islam Tulee, coordinator of Mayer Daak, the platform for victims of enforced disappearance.

Didarul Islam Bhuiyan, a member of the Digital Security Act Victims Network, said, "In this new Bangladesh, we don't want the presence of forces like DGFI or Rapid Action Battalion, that were used as tools of oppression by the past government."

In 2020, Didarul was picked up by men claiming to be Rab officials. He was bound, tortured and then prosecuted under a Digital Security Act case.

Neamul Bashir, presidium member of Liberal Democratic Party, said DGFI needs to be brought to court for its involvement in enforced disappearances.

"Law enforcement units like the police's Counter Terrorism and Transnational Crime Unit, Rab and DGFI were used for political ends."

Law Adviser Asif Nazrul said the government's lawyers have already been instructed to investigate all cases filed with political motives.

"We've asked all the public prosecutors of all districts to investigate and find an estimate of the number of phantom cases filed out of political motivation."

He added that his ministry had gotten an estimate from 51 districts and was waiting for data from the remaining 13.

Zahir Uddin Swapan, media cell convener of the BNP; Jahidul Islam, secretary general of Islami Chhatra Shibir; Ashraf Ali Akand, political adviser to Islami Andolon; Jatiyatabadi Chhatra Dal leader Amanullah Aman; Barrister Tasnuva Shelley, among others, also spoke, while journalist Monir Haider moderated the dialogue.​
 

Enforced disappearance, extrajudicial killings, July massacre: Govt aims to finish trial of main accused in a year
Staff Correspondent 29 December, 2024, 00:43

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International Crimes Tribunal chief prosecutor Muhammad Tajul Islam and law adviser Asif Nazrul, among others, on Saturday said that the trials of the prime accused in the cases of enforced disappearance, extrajudicial killings and July-August uprising mass killings would be held within next one year.

The interim government had three priority issues—trial, reforms and election, they said, noting that trial of the killers topped that list.

Their statement came on the second day of a two-day dialogue titled ‘From enforced disappearances, extrajudicial killings to July mass killing: challenges of trial’ organised by the Forum for Bangladesh Studies at the Krishibid Institution at Farmgate in Dhaka city.

‘We expect that we will complete the trial of the prime accused in the International Crimes Tribunal in next one year,’ said the tribunal’s chief prosecutor Muhammad Tajul Islam while addressing the dialogue.

He said that their prime focus was to ensure the trial of the incidents of enforced disappearance and crimes against humanity and bring to justice the masterminds who ordered these crimes holding the state’s top posts.

He also said that they wanted the trials to follow the international standard so that they set an example.

Law adviser Asif Nazrul said that they would celebrate the next Victory Day with the verdict of July mass killings trials in the court.

He pointed out four major atrocities allegedly committed during the Awami League regime—Hefazat killings, BDR carnage, enforced disappearance and extrajudicial killings.

‘We are committed to ensure trials of these crimes,’ he said.

He also said that people’s expectation management was the main challenge for the interim government towards fulfilling its commitment.

Stressing importance on unity, Asif Nazrul warned that unity must not be broken despite differences in opinions.

‘Reforms cannot be held without unity,’ said Attorney General Md Asaduzzaman, adding that the main challenge was to keep the unity alive.

‘People from all walks of life took part in the July uprising against the Awami League regime,’ he said.

Supreme Court lawyer Tasnuva Shelley said that the trial of July mass killings would be based on digital evidence.

‘We require digital forensic laboratory and digital experts to crosscheck evidence. Many people are creating digital evidence through artificial intelligence, which is a concern for us,’ Tasnuva added.

Sanjida Islam Tulee, coordinator of Mayeer Daak, a platform for families of the victims of enforced disappearance, said that although the police and Rapid Action Battalion had admitted their crimes, Bangladesh Army and the Directorate General of Forces Intelligence had yet to admit their involvement.

Bangladesh Nationalist Party chairperson’s advisory council member Zahir Uddin Swapan questioned how the interim government would use the state machinery that opened fire against students taking side of the fascist regime.

BNP student organisation Jatiyatabadi Chhatra Dal organising secretary Kazi Saiful alleged that the Dhaka Metropolitan Police’s Counter Terrorism and Transitional Crimes unit in reality turned into a unit of Chhatra League, the student organisation of Awami League.

‘We haven’t yet seen anyone from the CTTC has been brought to book,’ he said.

Bangladesh Revolutionary Workers’ Party general secretary Saiful Haque, Bangladesh Jamaat-e-Islami publicity secretary Matiur Rahmman Akanda, Bangladesh Islami Chhatrashibir secretary general Jahidul Islam and Student Movement Against Discrimination executive committee member Zahid Ahsan, among others, spoke at the dialogue.​
 

ICT crimes trial should neither be hurried nor delayed
30 December, 2024, 00:00

THE chief prosecutor of the International Crimes Tribunal, reconstituted on October 14 to expedite trial related to crimes against humanity and genocide committed during the July–August uprising, and the adviser for law to the interim government, installed on August 8 after the August 5 overthrow of the 15 years of authoritarian regime of the Awami League, say that the trial of the prime accused in cases of enforced disappearances, extrajudicial killing and the killing that took place during the uprising would be completed in a year. The chief prosecutor of the tribunal on the second day of a two-day dialouge on the challenges of the trial of enforced disappearances, extrajudicial killing and the mass killing of July, held at Krishibid Institution in Dhaka on December 28, has said that the prime goal is to ensure the trial of enforced disappearances and crimes against humanity and to hold to justice the masterminds of such crimes. The interim government is reported to have three issues on its priority agenda — trial, reforms and elections, but the trial of the killers is reported to be topping the list. The law adviser has said that the next Victory Day would be celebrated with the court verdict of the trial of the killings of July–August.

The crimes of involuntary disappearances, extrajudicial murder and the killing of people during the July–August uprising must, of course, be tried for justice, accountability and reparations to set a precedent that would act as a major deterrent to such crimes in future. The chief prosecutor of the International Crimes Tribunal also says that they want the trial to adhere to international standards to set a precedent. So far, so good. But what remains concerning in all this is the setting of a deadline of a sort for the completion of the trial — a year or before the next Victory Day. The trial should take its own course and the time that it would need. Any deadline for the completion of the trial, especially in the cases that the International Crimes Tribunal would deal with, could entail hurried and, even, delayed justice. There should be no hurry and no delay in the trial of the crimes at hand. Any hurry or delay could also taint the trial and make it controversial. Whilst the investigation should be thorough and credible, it is extremely important that the trial should also remain above any bias and strictly uphold the rule of law to avoid any controversy. Such concern is more pressing as a Supreme Court lawyer has already said that the trial would be based on digital evidence, but many are reported to be creating digital evidence with the help of artificial intelligence.

The trial of the crimes that the International Crimes Tribunal deals with should neither be hurried nor delayed to stop them from falling into controversy. It should take its own course.​
 

Michael Chakma lodges complaint with ICT against Hasina, 8 others
BSS
Dhaka
Published: 30 Dec 2024, 22: 59

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Michael Chakma, a leader of the United Peoples Democratic Front (UPDF), on Monday filed an allegation of enforced disappearance with International Crimes Tribunal (ICT) against ousted prime minister Sheikh Hasina and eight others.

The UPDF leader also handed over a towel (gamchha) to have used for blindfolding during his kidnapping to the ICT.

ICT Prosecutor Abdullah Al Noman told the journalists that the complainant presented a towel (ganchha) to the prosecution which was used for tying his eyes during the abduction as evidence.

The UPDF leader also described the glassed circled room (Ayna Ghar) where he was forced to stay for more than five years and four months to the ICT.

The UPDF called a siege programme in 2013 during a Khagrachhari tour of the then prime minister Sheikh Hasina when Sheikh Hasina threatened blockaders including me, he added.

The law enforcers questioned him several times during the period of his enforced disappearance as he along with his party men opposed to the Chittagong Hill Tracts Peace accord.

He said he thought that for these reasons, he was kidnapped by the law enforcing agencies.

Michael Chakma was taken away by unidentified quarters from Kanchpur area under Narayanganj district on April 9 in 2019 while returning to Dhaka after his organizational work.

He was released from the confinement on August 7 this year after the fall of fascist Sheikh Hasina's government in the face of the July-August uprising.​
 

ICT gets four more prosecutors
BSS
Published :
Jan 01, 2025 19:21
Updated :
Jan 01, 2025 19:21

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The government on Wednesday appointed four new prosecutors to the International Crimes Tribunal (ICT), bringing the total number of prosecutors to 13.

The four newly-appointed prosecutors are -- Md Abdus Sobhan Tarafder, Md Sahidul Islam Sarder, Faruk Ahammed and Md Hasanul Bannah.

The solicitor wing of the Law and Justice Division issued a gazette notification in this regard, saying the order will come into effect immediately.

Of the four, Md Abdus Sobhan Tarafder was appointed with the status of Additional Attorney General, Md Sahidul Islam Sarder and Faruk Ahammed were appointed with the status of Deputy Attorney General, and Md Hasanul Bannah will enjoy the status of Assistant Attorney General.

Earlier on October 25, the government appointed five prosecutors-SM Moinul Karim, Md Nure Ershad, Siddiqui, Shaikh Mahdi, Tarek Abdullah and Tanvir Hasan Joha.

The government on September 7 appointed four prosecutors, with Supreme Court

Advocate Muhammad Tajul Islam being made the Chief Prosecutor. The three other prosecutors were Gazi Monawar Hossain Tamim, BM Sultan Mahmud and Abdullah Al Noman.​
 

35 cases filed over July killing during Awami League regime were trumped-up
Asaduzzaman
Dhaka
Updated: 05 Jan 2025, 22: 43


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Leaders and activists of Awami League and its affiliated bodies attack the student-people’s movement. Murtafa Bin Omar, vice president of Turag thana Chhatra League, brandishes a firearm. At Azampur in Uttara of the capital city Dhaka. 4 August Prothom Alo

Police had filed at least 35 cases in Dhaka city over the July killing during Awami League’s term. Those trumped-up cases implicated BNP and Jamaat men. However, investigation by police now revealed that BNP and Jamaat men were not involved in those killings of protesters in July last year.

Police, however, could not find out who was involved with killing 62 persons in those 35 cases. Police recently submitted final reports on these 35 cases filed during the Anti-discrimination Student Movement in Dhaka. Lawyers and court sources believe the then ruling Awami League used police to implicate BNP and Jamaat to cover up the involvement of its own activists. It is therefore acceptable that BNP and Jamaat men have now been acquitted but failure to unearth who were responsible for the killings is not acceptable.

A case’s trial is based on the probe report or charge sheet submitted by the police. Submitting a final report instead of a chargesheet means that the investigation of the case remains suspended if the court again orders a probe. Legal experts say it is the duty of police to identify who is involved with a crime. But submitting final reports without finding out who is involved with the crimes will raise questions.

In the final reports of nine out of 35 cases, police stated that the leaders and activists of Awami League and its associate organisations were seemingly involved with these killings. But the investigation officers failed to unearth who those leaders and activists were.

Asked, Dhaka Metropolitan Police’s joint commissioner (crime) Md Faruque Hossain told Prothom Alo on Thursday that those final reports were submitted as per law after carrying out investigation. The court has accepted these.

BNP and Jamaat men were made accused then

A special cell on the July-August mass uprising on 1 January published a draft list of 858 people killed during the movement. Police had filed many cases over some of the incidents before 5 August in Dhaka, which blamed BNP and Jamaat men for the killings, apparently to cover up their own involvement. Also, the relatives of the victims at that time said the killings took place by firing either from police or Awami League leaders and activists.

Prothom Alo on 1 August published a report analysing documents of 34 cases filed with different police stations in Dhaka. The report titled “People killed in firing by criminals, claim police in case statements” found that the statements of these cases are almost identical. The case statements read that leaders of BNP and Jamaat, at the behest of their top leadership, or the miscreants attacked police with firearms, explosives or lethal weapons. The incidents of killing took place by these criminals who were masquerading as quota protesters.

The AL government was toppled in the student-led mass uprising on 5 August and an interim government was formed on 8 August. Subsequently, the relatives of the victims filed cases. The trial of killings during the July-August movement is also taking place in the International Crimes Tribunal. Meanwhile, the police submitted final reports in 35 cases in October, November and December.

Dhaka district and sessions judge court’s chief public prosecutor Omar Faruque Faruqui told Prothom Alo that he is aware of submission of final reports in several cases. These cases were filed by police at that time mainly to save leaders and activists of Awami League and its associate organisations, implicating the BNP and Jamaat men.

He maintained that the cases were mainly faulty. Police submitted final reports in those cases as many of the families of the victims filed fresh cases after the fall of Awami League government.

However, the analysis of the final report shows that in at least 6 cases, the police have said that in the future, the cases will be revived if the names, addresses and evidence of the people involved in the murders are found.

These are the murder case of Rakib Hossain, 23, Maruf Hossain, 20, and Sohag, 19, filed at Rampura police station; the murder case of Arif, 18, Rabiul Islam, 27, and four others from Jatrabari police station; the murder case of Rakib, 22, from Uttara Paschim police station; the murder case of Gani Sheikh, 45, Hannan, 22, and Monir Hossain, 28, from Bhatara police station; the murder case of Hasan, 18, from Badda police station and the murder case of Masud, 40, from Kadamtali police station. In four cases, the police have said that there is another case in the same incident.

Criminal law experts maintain that submitting final reports without detailed investigation is not acceptable.

Supreme Court lawyer ZI Khan Panna told Prothom Alo on Wednesday that proper investigation is the key in murder cases. If investigation is not carried out properly, the chance to deliver justice gets slimmer.

Who are these miscreants

Final reports of at least four cases state that killings took place due to ‘indiscriminate firing by law enforcers or miscreants’ or ‘firing by law enforcers and unknown miscreants’. The four cases were filed with Jatrabari police station. These are: Imam Hasan murder case, Jakir Hossain and Imon murder case, Sohag murder case and Sakib murder case.

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Police fire shots at protesting students in Jatrabari of Dhaka on 18 July 2024. Prothom Alo file photo

Final reports of at least four more cases mention that killings took place due to firings by miscreants in association with police. One such case was filed with Jatrabari police station over the killings of Jihad Hossain, 22, and Ibrahim, 13. The police in its final report state, “Unknown miscreants wearing helmets and masks shot at the peaceful protests of students and mass people, leading to deaths of Jihad and Ibrahim.” Similar reasons were attributed to the Ruhan murder case and Jafor Hawlader murder case with Jatrabari police station and Abdul Ahad murder case with Kadamtali police station.

However, the investigators could not identify who were those miscreants who sided with police to attack protesters.

Which police station files how many report

Of the 35 cases, 12 were filed with Jatrabari police station. These cases involved murder of 28 people. Police submitted the final reports in these cases on 28 and 29 October. Kadamtali and Badda police stations have submitted final reports of four cases each, Lalbagh and Mohammadpur three each, Mirpur and Rampura two each and Sutrapur, Banani, Bhatara, Kafrul, New Market and Uttara Paschim police stations have submitted reports in one case each.

On 17 July, a person named Imran was shot to death in Jatrabari during the Anti-discrimination Student Movement. On 27 July, police filed a murder case with Jatrabari police station against unknown persons in this regard. After a three-month investigation, the police could not identify anyone involved in Imran’s murder. Jatrabari police station submitted a final report to the court in the case on 28 October. The final report states that the plaintiff had blamed BNP and Jamaat leaders and activists in the case. But no evidence was found corroborating the claim. Imran was shot dead by miscreants. The final report was submitted without adjourning the case due to lack of evidence.

Dhaka Chief Metropolitan Magistrate (CMM) court on 4 November accepted the final report submitted by the police. Asked about the case, the investigation officer of Jatrabari police station, sub-inspector (SI) Rafiqul Islam Bhuiyan, told Prothom Alo that despite many attempts, he could not identify the people involved in Imran’s murder.

This correspondent spoke to the investigation officers of 12 murder cases. They made almost identical comments that BNP and Jamaat leaders and activists were accused in these cases based on false information. Their investigation found no evidence of involvement of anyone from BNP or Jamaat. Also it was not possible to identify who shot the victims.

A student named Hasan, 18, was shot dead while protesting in front of Canadian University in Badda. Sub inspector Harun-or-Rashid, investigation officer of the case filed over his murder, told Prothom Alo on 28 December that the case would be revived in future if information can be gathered over the incident.

The analysis of the final report shows that in some cases, the police have said that evidence related to the case was destroyed due to the burning of the police station. For example, the final reports from Jatrabari and Bhatara police stations have said that documents and evidence were destroyed in the fire at the police station.

However, some of the families of the victims allege that the police did not even investigate properly. Seven people including one named Wasim were killed in Jatrabari on 18 July. Tamanna Khatun, the sister of Wasim, told Prothom Alo that she does not know whether the police filed a separate case over the murder of her brother. Her brother was shot in the head. The bullet was stuck inside his head. The police have not yet seized her brother’s blood-stained clothes.

Amin Gani, a criminal lawyer, told Prothom Alo that it is very important to seize evidence in any murder case as having evidence is a must for trial of a murder case.

‘Awami League involved’, but no names mentioned

The police in final reports of at least nine cases state that the investigation indicates involvement of leaders and activists of Awami League and associate organisations. However, they could not identify anyone involved with the killings.

Rakib Hasan, 10, was shot dead near Mohammadpur Town Hall Market in the evening of 19 July. Police submitted the final report of the case on 6 November. The report mentioned that Hasan was shot in the head during an attack by Awami League, Jubo League and Chhatra League (now banned) men.

Sohidul Osman, investigation officer of the case, told Prothom Alo that he could not identify any specific person involved with Hasan murder.

‘Important to identify who killed these people’

No matter what is in the FIR of a criminal case or who the plaintiff is, it is the responsibility of police to find out the accused through a proper investigation, collect evidence and witness and conduct forensic tests.

Justice Abdul Matin, retired judge of Appellate Division, told Prothom Alo on Thursday that it is important to identify who killed these people. And it is the police's responsibility to find out.

The court can order reinvestigation of these cases if necessary, Abdul Matin adds.​
 

ICT issues arrest warrants against Hasina, 10 others
Staff Correspondent 06 January, 2025, 14:24

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Representational image | File photo

Hasina’s security adviser Tarique, ex-IGP Benazir included

The International Crimes Tribunal on Monday issued arrest warrants for deposed prime minister Sheikh Hasina, her former security adviser Tarique Ahmed Siddique, former Inspector General of Police Benazir Ahmed, and eight others over their alleged involvement in enforced disappearances during the Awami League’s 15-year rule.

The tribunal comprising Justice Md Golam Mortuza Mozumder, Justice Md Shofiul Alam Mahmood and retired district judge Md Mohitul Haq Anam Chowdhury, also directed that retired Major General Ziaul Ahsan, a former director of the Rapid Action Battalion, be produced before it on February 12, the date set for the next hearing in the case.

Ziaul is currently in the Dhaka Central Jail in connection with another case involving crimes against humanity during the July-August mass uprising which ultimately led to Hasina’s ouster and fleeing to India on August 5, 2024.

Since the fall of the Awami League government, at least 50 cases related to enforced disappearances, killings, genocide and crimes against humanity have been filed with the ICT.

These cases have implicated Hasina, senior leaders of the Awami League and its 14-party alliance and senior law enforcement officials.

Asked which cases of enforced disappearances prompted the ICT to issue arrest warrants for Hasina and 10 others, the tribunal chief prosecutor, Mohammad Tajul Islam, told reporters that the ICT acted on one of the many complaints it received regarding enforced disappearances during the Awami League regime.

On December 30, 2024, United People’s Democratic Front leader Michael Chakma lodged a written complaint with the International Crimes Tribunal chief prosecutor, accusing Hasina and eight others of crimes against humanity for his alleged enforced disappearance.

On September 23, 2024, the first case of enforced disappearance was filed with the tribunal against Hasina, Dhaka Metropolitan Police detective branch official Mashiur Rahman and 23 Hasina’s associates.

A businessman, Enamul Kabir, filed the complaint.

Enamul alleged that he was abducted from his business premises in Basabo area in the capital Dhaka on November 17, 2018 and held in captivity for 10 days.

Monday’s arrest warrant is the second such warrant issued by the ICT for Hasina.

The first warrant, issued on October 17, 2024, accused Hasina of genocide and crimes against humanity during the July-August uprising.

On the same day, arrest warrants were also issued for 45 others, including Awami League general secretary Obaidul Quader, also former road transport and bridges minister.

Tajul Islam, who filed the petition, said that the eight unnamed individuals against whom arrest warrants were issued were members of various law enforcement agencies.

Tajul accused these agencies of operating under Hasina’s directives to carry out enforced disappearances.

‘Sheikh Hasina established a culture of enforced disappearances, which were systemically executed under her supervision. She bore greater responsibility for these heinous acts,’ Tajul told the tribunal.

The tribunal instructed the inspector general of police to report back on the execution status of the warrants by February 12.

Family members and victims of enforced disappearances attended the International Crimes Tribunal hearing on Monday, expressing hope for justice against those who were responsible for the crimes during the Awami League’s regime.

Sanjida Islam, coordinator of the Mayer Dak, a platform for families of enforced disappearance victims, said, ‘Since the fall of the AL government on August 5, we have been waiting to see the arrest and prosecution of those who were involved in enforced disappearances.’

Sanjida pointed to the systemic involvement of law enforcement agencies in these cases.

‘Whether it was the police, RAB, or the Directorate General of Forces Intelligence, members of the law enforcers were complicit in each case,’ she said.

Dismissed army officer Lieutenant Colonel Hasinur Rahman, a survivor of enforced disappearance, shared his thoughts during the hearing. ‘People can now see how Sheikh Hasina misused government forces to instil fear and maintain control,’ he remarked.

Hasinur was abducted on August 8, 2018 by individuals who identified themselves as Detective Branch personnel. He was released nearly 18 months later and returned home at Mirpur DOHS in the capital Dhaka on February 21, 2020.

The Commission of Inquiry on Enforced Disappearances, in its interim report submitted to the interim government’s chief adviser on December 14, 2024, established prima facie evidence, accusing Sheikh Hasina, her former security adviser Tarique Ahmed Siddique and senior government officials of orchestrating enforced disappearances.

The commission recorded 1,676 complaints of enforced disappearances and scrutinised 758 of them. It estimated that the total number of victims could surpass 3,500.

Commission member Sazzad Hossain said that after the scrutiny it was found that 23 per cent of the victims remained missing, while 77 per cent reappeared.​
 

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