Appearing on behalf of several army officers before the International Crimes Tribunal, defence lawyer Barrister M. Sarwar Hossain said his clients were not arrested; they came of their own accord to surrender. 

Senior and experienced military officers, he said, presented themselves out of respect for the law and expect to receive justice from the court.

He spoke after a hearing on Wednesday (October 22) morning, when a number of army officers were produced before the tribunal. 

Barrister Hossain told reporters the officers “surrendered voluntarily.” For procedural reasons, he said, they may have been “shown as arrested,” but “they were never under arrest.” 

He said that army headquarters had earlier stated the officers were under “army attachment,” meaning military custody in line with service law. 

He added that three applications had been filed with the tribunal: one for bail; one seeking “communication privilege” (special facilities for contact); and one for placement in a “sub-jail.” 

As the last matter falls under the remit of prison authorities, it did not require further pressing in court. The tribunal heard the applications and scheduled a later date for arguments. 

Alleging that the “main perpetrators” had fled, Barrister Hossain claimed that individuals he named as General Kabir, General Akbar and Tarique Siddique had left the country, whereas his clients, as law-abiding citizens, had surrendered voluntarily. 

He further said a prosecution witness—the former inspector general of police—had testified that the incidents occurred on the instructions of a former home minister and Sheikh Hasina, and that the officers had no control over those events. 

According to the defence, the officers are to be taken to a facility inside Dhaka Cantonment that has been designated a “sub-jail.” 

Barrister Hossain said the officers’ decision to submit to the court demonstrated their confidence that they had committed no wrongdoing and would mount a full defence before the tribunal. 

The government recently declared an MES building in the cantonment a temporary prison (“sub-jail”) under the Prisons Act. 

Earlier on Wednesday morning, 15 army officers were produced before the tribunal in three separate cases over crimes against humanity. 

After the hearing, International Crimes Tribunal-1 ordered them sent to prison. The three-member bench—led by Justice Md Golam Mortuza Majumdar, with Justice Md Shafiul Alam Mahmud and Judge Md Mohitul Haque Enam Chowdhury as members—delivered the order. 

Those ordered to prison are: Maj Gen Sheikh Md Sarwar Hossen; Brigadier Generals Md Jahangir Alam, Tofayel Mostofa Sarwar, Md Qamrul Hasan, Md Mahbub Alam, Md Mahbubur Rahman Siddique and Ahmed Tanvir Majahar Siddique; Colonels Anowar Latif Khan, AKM Azad, Abdullah Al Momen and Md Sarwar Bin Kashem; Lieutenant Colonels Md Moshiur Rahman Jewel, Saiful Islam Sumon and Mohammad Redowanul Islam; and Major Rafat Bin Alam Moon.

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