Bangladesh Approves Death Penalty Law for Enforced Disappearances Amid Trials of Ex-PM Sheikh Hasina

Dhaka:

Bangladesh's interim government has approved a draft ordinance on Thursday that imposes the death penalty for those responsible for "enforced disappearance," amid ongoing trials of former Prime Minister Sheikh Hasina and 15 active military officers on charges of crimes against humanity.

"This is a landmark law. It will ensure that enforced disappearances never occur again in the country," said Shafiqul Alam, press secretary to Chief Adviser Yunus, during a press conference following the advisory council's approval of the draft.

Alam explained that the legislation criminalizes the establishment of secret detention facilities such as the "so-called Aynaghar" and requires courts to complete trials under this proposed law within 120 days after charges are filed.

Once President Mohammad Shahabuddin gives his assent, the ordinance will likely be applied to the cases involving 15 army officers, Hasina, and several associates from her ousted administration, including the former police chief.

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

The 78-year-old Hasina faces multiple legal cases in Bangladesh following her August ouster that resulted from student-led mass demonstrations. According to a UN rights office report, up to 1,400 people died between July 15 and August 15 last year when Hasina's government ordered security forces to crack down on protesters.

Hasina is being tried in absentia at Bangladesh's International Crimes Tribunal (ICT-BD) alongside several ministers from her administration, while 15 serving military officers have appeared before the tribunal from the cantonment in compliance with arrest warrants.

The military officers' court appearance on October 22 generated widespread speculation and concern regarding their trial in a civil court under the recently amended ICT-BD law instead of a military court under the Army Act.

The ICT-BD prosecutor had previously warned the army that the 15 officers would be declared "fugitives" unless they appeared in court on the scheduled date.

The third amendment to the ICT-BD law, originally created to prosecute collaborators with Pakistani forces during the 1971 Liberation War, indicates that individuals charged under this law would immediately lose eligibility to hold public offices or government positions.

However, the military officers charged under the law still maintain their positions, and prosecutors continue to refer to them as serving officers, creating confusion regarding their status.

On Thursday, the Bangladesh army stated that the government had not yet issued clear directives concerning the officers' job status, adding that the matter requires legal clarification.

During a press conference at Dhaka Cantonment on Wednesday, Brigadier General Mustafizur Rahman remarked, "There is no problem of legality, but rather a question of interpretation, as it can be understood in various ways." This issue has likely created tension between the military and the interim government.

The army had previously taken the 15 officers into their custody after the ICT-BD issued arrest warrants against them on October 8, but military officials declined the tribunal prosecution team's demands for their court appearance within 24 hours.

The 15 officers were eventually brought before the tribunal on the scheduled hearing date of October 22 and subsequently detained in a makeshift prison within Dhaka cantonment rather than in a standard correctional facility.