The charges
These are the five charges that are listed in the Charge Framing order that was given by the court on 10 July 2024
Charge One
Place of Occurence
1. Throughout the entire territory of Bangladesh; and
2. At the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” located behind the DGFI Headquarters inside Dhaka Cantonment.
Date of Occurrence
From 22 October 2015 to 01 February 2017.
Description of Occurrence
That after assuming state power in the year 2009, the Awami League Government led by accused Sheikh Hasina, with the object of prolonging its rule and eéliminating opposition political parties and dissenting views, carried out widespread, targeted and systematic acts of unlawful arrest, abduction, torturé, enforced disappearance and extrajudicial killings against. civilian populations.
That as part of the said policy and plan, accused Sheikh Hasina, accused Tarique Ahmed Siddique and accused Md. Akbar Hossain, by issuing unlawful orders, caused accused Mohammad Tauhid-ul Islam to convey and execute such illegal directions for abduction, unlawful detentin torture and enforced disappearance, who in turn, acting through his subordinates including accused Lieutenant Colonel Makhsurul Haque and others, identified and targeted the victims,
(1) Sheikh Md. Abu Saleh (Liton),
(2) Tajul Islam Suman,
(3) Abuzar Giffari,
(4) Md. Rajibul Islam,
(5) Maulana Abdul Hakim Faridi,
(6) Md. Nure Alam,
(7) Sheikh Ibtesam Ahmed (Sami),
(8) Nazim Uddin,
(9) Sheikh Selim,
(10) Humam Kader Chowdhury,
(11) Brigadier General Abdullah Hil Aman Azmi, and
(I2) Md. Kamrul Hasan Kajol, along with other victims.
That pursuant to such identification and directions, with the assistance of subordinate law-enforcement agencies under their control, the said victims were unlawfully arrested and abducted and thereafter forcibly disappeared by confining them at the DGFI detention facility, namely the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” where they were kept in secret detention and were subjected to physical and mental torture by subordinates of the accused persons during the period from 22 October 2015 to 01 February 2017.
That the accused knowingly refrained from taking any punitive or disciplinary action against the perpetrators involved in the unlawful detention, enforced disappearance and torture committed by their subordinates. The said acts and omissions were committed in a widespread, targeted and systematic manner against civilian populations.
That the aforesaid acts and omissions are crimes against humanity under Sections 3(2)(a), (b), (g), (h), 4(1), 4(2), 4(3) of the International Crimes (Tribunals) Act, 1973, and are punishable under Sections 20(2) and 20A of the said Act
Charge Two
Place of Occurrence
– Throughout the entire territory of Bangladesh;
– At the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” located behind the DGFI Headquarters inside Dhaka Cantonment; and
At other undisclosed detention facilities operated by DGFI within Dhaka Cantonment.
Date of Occurrence
From 02 February 2017 to 04 March 2020.
Description of Occurrence
That after assuming state power in the year 2009, the Awami League Government led by accused Sheikh Hasina, with the intent to prolong its hold on power and to eliminate opposition political parties and dissenting opinions, carried out widespread, targeted and systematic acts of unlawful arrest, abduction, torture, enforced disappearance and extrajudicial killings against civilian populations.
That as part of the said policy and plan, pursuant to unlawful orders issued by accused Sheikh Hasina, accused Tarique Ahmed Siddique and accused Md. Saiful Abedin, accused Mohammad Tauhid-ul Islam and subsequently accused Sheikh Md. Sarwar Hossain conveyed and executed directions for abduction, unlawful detention, torture and enforced disappearance, acting through their subordinates including accused Lieutenant Colonel Makhsurul Haque and others.
That in furtherance of the said plan, the accused persons took custody of and continued the enforced disappearance of victims namely-
(1) Humam Kader Chowdhury,
(2) Brigadier General (Retd.) Abdullah Hil Aman Azmi, and
3) Md Kamrul Hasan Kajol, from the custody of the previous Director General/Director of CTIB, and thereafter maintained and prolonged their condition of enforced disappearance.
That the accused persons further identified, targeted and caused the unlawful arrest and abduction of victims,
(4) Md. Mostafa Majumder,
(5) Syed Sadat Ahmed,
(6) Md. Maruf Zaman,
(7) Iqbal Chowdhury,
(8) Lieutenant Colonel Hasinur Rahman,
(9) Syed Akidul Ali,
(10) Md. Khorshed Alam Patwary,
(11) Md. Ashraf Ali,
(12) Md. Nurul Islam alias Nazrul,
(13) Md. Babul Mia,
(14) Michael Chakma,
(15) Rezwan Mahmud Anik, and
(16) Md. Foyez, along with other victims.
That with the assistance of subordinate law enforcement and intelligence agencies under their command and control, the said victims were unlawfully arrested, abducted and forcibly disappeared by being confined at DGFI detention facilities, including the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” and other undisclosed detention centres operated by DGFI, where they were kept in secret and illegal detention.
That during the period from 02 February 2017 to 04 March 2020, while being held in such illegal and incommunicado custody, the victims were subjected to severe physical and mental torture, cruel, inhuman and degrading treatment, and psychological abuse by the accused persons and/or their subordinates acting under their effective authority, command and control.
The accused persons k.nowi’ngly refrained from taking any disciplinary -or punitive action against the perpetrators involved in unlawful detention, enforced disappearance and torture, committed by their subordinates. The said acts-and omissions were committed in a widespread, targeted and systematic manner against civilian populations.
That the aforesaid acts and omissions are crimes against humanity under Sections 3(2)(a), (b), (g), (h), 4(1), 4(2), 4(3) of the International Crimes (Tribunals) Act, 1973, and are punishable under Sections 20(2) and 20A of the said Act.
Charge Three
Place of Occurrence
1. Throughout the entire territory of Bangladesh; and
2. Atthe Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” located behin;i the DGFI Headquarters inside Dhaka Cantonment.
Date of Occurrence
From 05 March 2020 to 27 July 2021.
Description of Occurrence
That after assuming state power in the year 2009, the Awami League Government led by accused Sheikh Hasina, with the objective of prolonging its hold on power | and eliminating opposition political parties and dissenting opinions, carried out widespread, targeted and systematic acts of unlawful arrest, abduction, torture, enforced disappearance “and extrajudicial killings against civilian populations.
That as part of the said policy and plan, pursuant to unlawful orders issued by accused Sheikh Hasina, accused Tarique Ahmed Siddique and accused Md. Saiful Alam, accused Kabir Ahammed conveyed and executed directions for abduction, unlawful detention, torture and enforced disappearance, acting through his subordinates including accused Lieutenant Colonel Makhsurul Haque and others.
That in furtherance of the said plan, the accused persons took custody of victims who had already been forcibly disappeared earlier, namely
(1) Brigadier General (Retd.) Abdullah Hil Aman Azmi,
(2) Md. Ashraf Ali, and
(3) Michael Chakma,
by receiving them from the custody of the previous Director General/Director of CTIB, and thereafter continued and maintained their condition of enforced disappearance.
That the accused persons further identified and targeted additional victim,
(4) Sohel Rana,
along with other victims, and with the assistance of subordinate law-enforcement and intelligence agencies under their command and control, unlawfully arrested and abducted them.
That thereafter, the victims were forcibly disappeared by being confined in illegal and secret detention facilities operated by DGFI, including the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” where they were kept in incommunicado detention and subjected to physical and mental torture by the accused persons and/or their subordinates acting under their effective authority and control during the period from 05 March 2020 to 27 July 2021.
The accused persons knowingly refrained from taking any disciplinary or punitive action against the perpetra‘tors involved in unlawful detention, enforced disappearance and torture committed by their subordinates. The said acts and omissions were committed in a widespread, targeted and systematic manner against civilian populations.
That the aforesaid acts and omissions are crimes against humanity under Sections 3(2)(a), (D) (2), (h), 4(1), 4(2) and 4(3) of the International Crimes- (Tribunals) Act, 1973, and are punishable under Sections 20(2) and 20A of the said Act.
Charge Four
Place of Occurrence
1. Throughout the entire territory of Bangladesh; and
2. At the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” located behind the DGFI
Headquarters inside Dhaka Cantonment.
Date of Occurrence
From 28 July 2021 to 02 November 2022.
Description of Occurrence
That after assuming state power in the year 2009, the Awami League Government led by accused Sheikh Hasina, with the the objective of prolonging its grip on power and eliminating opposilion political parties and dissenting opinions, carried out widespread, targeted and systematic acts of unlawful arrest, abduction, torture, enforced disappearance and extrajudicial Killings against civilian populations.
That as part of the said policy and plan, pursuant to unlawful orders given by accused Sheikh Hasina, accused Tarique Ahmed Siddique and accused Ahmed Tabriz Shams Chowdhury, accused Kabir Ahammed and subsequently accused Md. Mahbubur Rahman Siddique conveyed and executed directions for abduction, unlawful detention, torture and enforced disappearance through their subordinates including accused Lieutenant Colonel Makhsurul Haque and others.
That in furtherance of the said plan, the accused persons took custody of victims,
(1) Brigadier General (Retd.) Abdullah Hil Aman Azmi,
(2) Md. Ashraf Alj,
(3) Michael Chakma, and
(4) Sohel Rana
from the custody of the previous Director General/Director of CTIB, and thereafter continued and maintained their condition of enforced disappearance.
That the accused persons further identified and targeted the said victims and, with the assistance of subordinate law-enforcement and intelligence agencies under their command and control, unlawfully arrested and abducted them and forcibly disappeared them by confining them in DGFI detention facilities, including the Joint Interrogation Centre (JIC), commonly known as “Aynaghar.” That during the period from 28 July 2021 to 02 November 2022, while being kept in illegal and incommunicado detention, the victims were subjected to severe physical and mental torture, cruel, inhuman and |’ degrading treatment by the accused persons and/or their subordinates acting under their effective authority, command and control.
That the accused persons knowingly refrained from taking any disciplinary or punitive action against the perpetrators involved in unlawful detention, enforced disappearance and torture committed by their subordinates. By the said acts and omissions, and with full knowledge and acquiescence, the accused persons allowed the aforesaid crimes to be committed in a widespread, targeted and systematic manner against civilian populations.
That the aforesaid acts and omissions are crimes against humanity under Sections 32)(@), (0, (), (), 4(1), 4(2) and 4(3) of the International Crimes (Tribunals) Act, 1973, and are punishable under Sections 20(2) and 20A of the said Act.
Charge Five
Place of Occurrence
1. Throughout the entire territory of Bangladesh; and 2. At the Joint Interrogation Centre (JIC), commonly known as “Aynaghar,” located behind the DGFI Headquarters inside Dhaka Cantonment.
Date of Occurrence
From 03 November 2022 to 05 August 2024.
Description of Occurrence
After assuming state power in 2009, the Awami League government led by accused Sheikh Hasina, with the objective of prolonging its rule and suppressing and liminating political opposition and dissent, carried out widespread, targeted, and systematic illegal arrests, abductions, torture, enforced disappearances, and extrajudicial killings against civilian populations.
As part of this overarching plan, pursuant to the unlawful orders and directives of accused Sheikh Hasina, accused Tarique Ahmed Siddique, and accused Hamidul Haque, accused Md. Mahbubur Rahman Siddique and subsequently accused Ahmed Tanvir Majhar Siddique issued instructions for abduction, illegal detention, torture, and enforced disappearance. These directives were implemented through their subordinates.
In continuation thereof, the victims who had already been subjected to enforced disappearance, namely—
-
- Brigadier General (Retd.) Abdullahil Aman Azmi, and
- Michael Chakma,
were taken over from the custody of the former Director General/CTIB Director, and their enforced disappearance was deliberately continued. Simultaneously, | other victims were identified and, with the 5 assistance of law-enforcement ngcncie§§ subordinate to the accused, were arrested | and abducted, and thereafter secretly | detained at the detention facility of the Directorate General of Forces Intelligence (DGFI), namely the Joint Interrogation Centre (JIC), “&)mmonly, known as “Aynaghar.”
The said victims were kept unlawfully detained at the aforesaid Aynaghar from 03 November 2022 to 05 August 2024, during which period they were subjected to severe physical and mental torture by subordinates acting under the direct and indirect instructions of the accused persons.
By issuing orders for such detention, by failing to take any measures to prevent illegal detention, and by refraining from taking any punitive action against their subordinates responsible for illegal detention, enforced disappearance, and torture, the accused persons knowingly allowed and facilitated the commission of widespread, targeted, and systematic crimes against civilian populations.
The said acts and omissions are crimes against humanity . punishable under Sections 3(2)(a), (D, (2), (h), 4(1), 4(2), 4(3) of the International Crimes (Tribunals) Act, 1973, which are punishable under Sections 20(2) and 20A of the said Act.