Witness 2: Hasinur Rahman

Evidence given by Md. Hasinur Rahman

My name is Md. Hasinur Rahman (Bir Protik). My father’s name is Mohammad Habibur Rahman. My mother’s name is [redacted]. My age is approximately 63. My address – [redacted] Dhaka.

I was disappeared on 9 July 2011 while serving in the Bangladesh Army as a Lieutenant Colonel. At that time, I was working in my office at Mymensingh Cantonment.

I was working in the office at 10:00 PM. Colonel Akter Hamid Khan went from Dhaka to Mymensingh. Brigadier Mostafa told me that Colonel Hamid wanted to speak with me. I was forcibly detained, put into a vehicle, and taken to Dhaka. In the Army Interrogation Cell in Dhaka, I was kept lying on the floor with my eyes and hands tied for 43 days. After 43 days, I was brought to the Officers’ Mess. My family was not allowed to know about this matter.

After a Court of Inquiry was conducted against me and charges were brought, a Court Martial sentenced me to four years of imprisonment. A false allegation was brought against me stating that I was involved with an organization named Harkat-ul-Jihad. I have appealed against the said sentence. That appeal has not been resolved.

When Iqbal Karim Bhuiyan was appointed as the Army Chief in 2014, I was released on his orders. After being released, I stayed at home. In 2016 Brigadier Azmi and in 2018 diplomat Captain Maruf Zaman and freedom fighter Iqbal Chowdhury were disappeared. At that time, I remained alert fearing that I might be disappeared.

On 08 August 2018, I was disappeared again. I was released on 22 February 2020. During this time, I was kept in the Aynaghar of DGFI.

On the evening of 08-08-2018, my friend Lt. Colonel Zaid Abdullah came to my house and pressured me to go out for a stroll with him. I went out for a stroll with him. After roaming the Mirpur DOHS area for approximately 2 hours, we went to Major Mohsin’s house. After 10:00 PM, upon coming out from there, I saw 8/10 people on the road. Zaid Abdullah was behind me. They were advancing towards me; I looked back and saw Zaid Abdullah was gone. My sister-in-law’s house was nearby. I called Sekandar, the caretaker of that house. I told him, “Look and see who they are.” Then I called the other caretaker, Muktar. When I showed my licensed weapon and told them to raise their hands, they raised their hands, and I tried to gather them in one place and move them towards a microbus parked in front.

At that time, four microbuses entered the area. When I told caretaker Muktar to take pictures of the microbuses, he tried to take pictures. Then they struck him with a shock button and forcibly put him in a microbus. He then started screaming. Sekandar moved back in fear. At this time, some people from the microbus behind came and struck me on my back at the waist. There was pain in my waist from before. 5/7 people grabbed me. The previous group of 8/10 people then hurriedly got into the front microbus. A scuffle broke out between me and those who had grabbed me. When a microbus from behind moved forward, they forcibly put me in that microbus and after handcuffing my hands and blindfolding my eyes, they put a death hood (Jomtopi) on me. A black cloth was wrapped over the hood. Then the vehicle started moving and after moving for approximately 20/25 minutes, the vehicle stopped. Then the sound of a gate opening was heard. Then they took me out of the microbus, beat me as they pleased, and handed me over to another party inside the gate.

When I became lifeless due to the severe beating, they carried me into a room. When my handcuffs, hood, and blindfold were removed, I saw 4/5 masked men there. They left me in the room and locked the door from the outside. The room was 8-10 feet and damp. A high-voltage bulb was burning in the room. The condition of the room was dirty and horrific. Mobile numbers were written on the wall with blood. I was becoming restless in the extreme heat. There was a cot in the room, with a dirty blood-stained sheet spread over it. Half an hour later, I was again handcuffed as before, blindfolded, and the hood was put on with cloth wrapped over it. Then I was taken to another room while being slapped, thrashed, kicked, and punched. This room was air-conditioned. There I was made to sit on a chair and my hands and feet were tied to the chair. A person then started talking to me. Hearing his speech, accent, and manner, it seemed he was a high-ranking army officer. He wanted to know my Facebook ID. When I told him I didn’t remember the ID and asked him to go to my house to get it, he became furious. He asked me why I write against Army Chief Aziz. I was threatened with fear and death, and also threatened that my body would be disappeared. He asked me where I was now. In reply, I said, I am at DGFI Headquarters or the Dhaka Detachment Post Office area. He questioned me, how did I know I was in this place. Someone from the side was saying, you are now in Aynaghar. It seems after that person left, I was beaten and given electric shocks. From there, I was brought back to the previous room while being beaten again.

The next morning, I was taken to that room again in the same process and the same officer started interrogating me. He asked me why I write about the 2014 election. Why I write negatively about the Awami League and India.

I asked for what reason I had been picked up. He replied, I don’t know for what reason you have been brought, but you have been brought on the orders of the government, you will cooperate and follow the instructions of my subordinates. He asked me, who do you suspect for your arrest. In reply, I said, my friend Zaid Abdullah, Brigadier General Azhar, and DGFI and RAB are involved with my arrest. I was asked why I went to RAWA Club in late July 2018. In reply, I said, my friend Major Tawheed wrote a book about Bosnia-Herzegovina, I went there on the occasion of the book launch ceremony. The Ambassador of Bosnia unveiled the book. Brigadier General Azhar was sitting at a distance taking notes. He was then attached to DGFI.

At the final stage of interrogation, I was told that you have been brought here on the orders of Prime Minister Sheikh Hasina. You will work as you are instructed. If you do not listen, you will be made to vanish. Many dignitaries like you are also detained here. So do not cause any trouble. Then I was returned to my room again.

Due to such torture and oppression, I lost my balance and behaved abnormally for a few days. I demanded that the said officer be called; I wanted to know why I was kept detained. Not receiving an answer to my question, I started a hunger strike and stopped eating and drinking. On the seventh day of the hunger strike, when my condition deteriorated, I was again taken before the said officer with my hands, feet, and eyes tied as before. He told me, I have no personal complaint against you, but I can only say that you will not be released before the election. You have many followers on Facebook, many officers are also loyal to you. That is why you are a risk to the government. From there I was brought back to my room again and was tortured on the way back as well.

I am a high-ranking officer of the army. In recognition of my work, I received three medals, namely Bir Protik, Bangladesh Rifles Medal, and Bangladesh Police Medal. I could not accept such inhuman and shameful behavior towards me by ordinary soldiers. Unable to bear the mental pressure and physical torture, at one stage I had a heart attack. Moreover, my wife is a cancer patient, and thinking of my three daughters, I broke down mentally. After my heart attack, a doctor was brought there and my ECG was done. I was provided treatment right there. Even during the treatment, my eyes were tied and I was kept in handcuffs.

Then I was taken to a corner room of that building, which was even worse than the previous room. Two large exhaust fans were installed there. The purpose of installing these fans was so that no sound from inside, sounds of crying, screaming, etc., would go outside. There were 10 rooms there. Screams and the sound of crying could be heard from every room. The prisoners would be terrified hearing the sound of the guards’ footsteps, thinking about who would be taken for torture and when. Some people were handed over to RAB there to be killed.

On a certain day in December 2018, while being taken to the bathroom in the morning, I happened to see Brigadier Azmi. In the complex where we stayed, there was only one small towel, one and a half feet long, for 10 people to use in the bathroom. The cloth used to tie our eyes was extremely dirty. As a result, I developed infections in both eyes. The guards who took us to and from the bathroom were somewhat kind to us, so they would tie the cloth over our eyes a bit loosely when taking us to the bathroom. Consequently, we could see a little. Brigadier Azmi was kept in the adjacent complex. To my knowledge, there was only one high-commode bathroom there which a few of us VIP prisoners used. Because the bathroom in the complex where Brigadier Azmi stayed was being repaired, he was brought to the bathroom we used on that day. When I tried to enter the bathroom to use it, I saw him in the bathroom right then.

When this became known, I was transferred from that room to another room on the opposite side. Every night the electricity would go out. During the one or one and a half minutes it took to start the generator, I would put dirt on the CC camera in the room. At one stage when the CC camera got damaged, a technician was brought to repair it and I was taken to a room in the complex where Brigadier Azmi Saheb was. This complex was quite old. The height of its ground floor was 16 to 18 feet. Looking at the room, I realized that the area I was in was a familiar area to me. The bathroom I was taken to was a low-commode; I stood there saying I would not use it. In the meantime, I saw freedom fighter Iqbal Chowdhury coming out of another bathroom after taking a bath. Then I was brought back to my room. I stayed there for about two hours. Meanwhile, after the CC camera was fixed, when I was brought out to be taken back and I expressed a desire to use the bathroom, I was being taken towards a bathroom; on the way, I saw Captain Maruf Zaman from a distance. He was going to the bathroom at that time. Then I came back to my room. By then, I fully understood which area I was in.

In 1990, I served as the Operation Officer of the Dhaka Army MP Unit. All areas of the cantonment are familiar to me. My house was 150 yards away from Aynaghar. I often used to come to Officer Mess-B. When it was 10:00 PM there, we used to come out through the back door instead of using the main gate. Aynaghar is located right next to the back door. There is a mosque next to Aynaghar. I have prayed there many days. That is why I had no difficulty in recognizing that area. While being in Aynaghar, I could always hear the sound of planes taking off and landing at the Aviation School located at the old airport. This helped me identify the area. In the morning, the sound of trains could be heard. I understood this was the Banani rail crossing. Every day, five times a day, I could hear the sound of the Adhan from the DGFI Mosque, MES Mosque, Haji Mohsin Mosque, Kochukhet Officers’ Quarter Mosque, and Kochukhet Bazar Mosque. Every Friday, the workers who came to clean our rooms were called NCE in army terminology. When I called them as NCE, they would respond. Through that, I understood this is a cantonment area. All army medicines are stamped with the seal of the Ministry of Defence. The medicine given to us would be opened so that we could not understand where we were. I was supplied with different books at different times. The books were stamped with the seal of the Ministry of Defence but were covered with fluid. However, one day I could vaguely see the Ministry of Defence seal in a book of poetry.

The place where we were kept was called Aynaghar by the guards. This Aynaghar was on the south side of the 14-story building of DGFI Headquarters and adjacent to the north of Station Officers’ Mess-B. To the west was the Mechanical Transport Shed and to the east was the Log Area Station Headquarters. One day at noon, standing on the commode of the bathroom and looking out through the hole of the exhaust fan, I was able to recognize the area.

The food given to us was of very poor quality. Our bed sheets and the clothes we wore were unfit for use. The mattresses and pillows were full of bedbugs. The guards always kept us in a state of terror by saying, listen to instructions properly, otherwise you will be cross-fired. Often the neighboring rooms would become empty. Prisoners would be moved away. New prisoners would be brought there. The guards told us that those who were taken away were taken for cross-fire. The complex where I was kept was called the Remand Cell. Unnecessary prisoners were kept in this cell. When needed, they were taken from here and cross-fired.

On a certain day in February 2019, around 4:00 AM, when I went to the bathroom and heard boots, I saw a member of the black-clad RAB through a hole in the bathroom. My guess is that he might have been bringing someone new or had come to take someone from Aynaghar for crossfire.

Jan 27? Amrito

Jan 28:

Cross examination on behalf of the present accused,Brigadier General Mahbubur Rahman Siddiqui—–

Defence (Adv. Azizur Rahman Dulu): What is your BA number and which course you were a member of?
Witness: My BA number is 2611.I was commissioned through the 10th BMA Long Course.

Defence: After the court martial verdict , was your BMA/BA number suspended in various Bangladesh Army Institutions including CMH?
Witness:The documents pertaining to my BA number are not available at Army Headquarters.I have heard that they were handed over to India.

Defence:Do you recall from whom you heard this information?
Witness: No,I don’t remember the name of the person from whom I heard it. Defence:Since when have you been residing at the address mentioned in your statement? Witness:I have been residing at my current address since June 2022

Defence: Did you receive a summons to appear at the tribunal to give your testimony at your current address?
Witness: No,I did not receive any written summons or notice regarding testifying at the tribunal in this case.However,Prosecutor Uday Tasnim orally instructed me to appear and give my testimony ,specifying the date and time.

Defence: Suggestion:You have given your testimony according to what the prosecution instructed.
Witness: It is not true that I have given my testimony according to what the prosecution instructed.

Defence: On what date were you detained in the officer’s cell after being abducted the first time?
Witness: I do not remember the exact date .During that period ,I was held in detention following abduction for 43 days.

Defence: Can you please state the ranks you have held and whether you received promotions in due course
Witness: I have been promoted ,in due course ,from Second Lieutenant to Captain ,then to Major and subsequently to Lieutenant Colonel.

Defence: While serving as a Lieutenant,were you ever deputed to any other position?
Witness: During my tenure as a Lieutenant ,I was not deputed to any other position.

Defence: While serving as a Major and subsequently as a Lieutenant Colonel,were you ever deputed to any other position?
Witness: While serving as a Major ,I was deputed to the Military Police.During my tenure as a Lieutenant Colonel,I served as the commanding officer of two Rifles Battalions in the Bangladesh Rifles(BDR) and also held command of RAB-5 and RAB-7.

Defence: In the Bangladesh Army ,there are three types of appointments,namely Command Appointment,Staff Appointment ,and Instructor Appointment.Are you aware of this?
Witness:Yes,I am aware.However,there are also several other types of appointments.

Defence: When appointed as a Commanding Officer (CO),one has the authority over the posting promotion,and disciplinary matters of subordinates.
Witness: Yes, but this does not apply to all ranks

[Note:Here the tribunal observed that the defence is posing questions in a manner that appears to be confining the witness.Here the prosecution has raised an objection on the ground that the defence is required to remain confined to the matters brought out in the examination in chief.Then the tribunal said that the defence is raising issues beyond the purview of the examination in chief and that such questioning appears to be an attempt to judicial time]

Defence: After your release from abduction on22 February 2020 ,did you go to the DGFI complex between then and 5 August 2024?
Witness: No,I didn’t go during that period.However,after 5 August 2024,I went once to the DGFI Directors’ office and once to Aynaghar with the Prosecutor. On 5 August ,I went to the DGFI premises to assist in the rescue of detainees.

Defence: Did you obtain CIB clearance prior to your promotions?

[The tribunal stated that the questions to the witness should be asked in a way that witness can understand.Then the tribunal directed the defence to ask the question in a proper way. So the defence asked the question in different way ]

Defence: Was your promotion granted in accordance with the satisfaction of the authorities?
Witness: Yes,my promotion was granted in accordance with the satisfaction of the authorities.

Defence: During the first instance when you were abducted and held in the Army Interrogation Cell,were you kept blindfolded?
Witness: During the first time I was held in the Army Interrogation Cell for 43 days,I was kept blindfolded the entire time .My eyes were only uncovered when I was taken to the bathroom and my hands remained handcuffed.

Defence: During the 43 day-period of your detention in the Army interrogation cell,were you subjected to any interrogation or questioning?
Witness: Yes,I was interrogated intermittently. Defence:After your release ,did you visit that cell? Witness:No,after my release,I did not visit that cell.

Defence: Were you kept in the Aynaghar?
Witness: The Aynaghar had ten cells which were referred to as remand cells,and I was detained in one of these remand cells.

Defence: Between 8-8-2018 to 22-2-2020,were you made to wear a head cover(jomtupi) while being taken to and from the bathroom?
Witness: No,I was not.

[The defence asked whether the head cover extended down to the neck, but the tribunal disallowed the question, so this portion of the question was deleted.]

Defence: While serving in the Military police ,did your unit have any responsibility?
Witness: Yes, while I was serving in the Military Police,three checkposts were under the responsibility of my unit:Jahangir Gate,Staff Road,and the area adjacent to the CMH.

Defence: During your period of duty,did any of the roads under your responsibility look like the shape of any English alphabet?Did you notice something like that?
Witness: No,I do not know whether any of the roads looked like the shape of any English alphabet during my period of duty.

Defence: Do you commute through the cantonment area?
Witness: While commuting to and from my current residence,I sometimes use the roads passing through the Dhaka Cantonment.

Defence: The speed limit on certain roads within the cantonment is 40/50 kilometres per hour
Witness:Yes.

Defence: Are all structures within the cantonment, including the DGFI building, maintained by the Military Engineering Services (MES)?
Witness: All installations within the cantonment, including the DGFI building, are maintained by the Military Engineering Service (MES). However, sensitive buildings or areas were maintained by selected personnel of the DGFI.

Defence: Suggestion:You have given false testimony regarding the maintenance of sensitive buildings of the DGFI.
Witness: It is not true that I have given false testimony regarding the maintenance of sensitive buildings of the DGFI.

Defence: In your interview with the Editor-in-Chief of Netro News, Tasnim Khalil, the term “Aynaghar” was circulated in the media for the first time. Did you use this term, or did Tasnim Khalil use it?

Witness: In the interview I gave to Tasnim Khalil, Editor-in-Chief of Netro News, it was I who used the term ‘Aynaghar”which was circulated in the media.It was I who first tell Tasnim Khalil that the secret detention centre was called “Aynaghar”
Defence: Was there any mirror-clad wall or other mirrors inside Aynaghar?
Witness: No.

Defence: Did you mention the name of Colonel Hafiz in your statement?
Witness: In my statement, I mentioned the name of Colonel Hafiz, who was an officer of the Dhaka Detachment. He is currently serving as a Brigadier General and is the Station Commander of Barishal Cantonment.

Defence: For the room whose height you mentioned as 16–18 feet, what is its approximate length and width?
Witness: The room whose height I mentioned as 16–18 feet has an approximate length of 10–12 feet and a width of 8–10 feet.

Defence: Suggestion:You have given false testimony regarding the length and width of the room.
Witness: It is not true that I have given false testimony regarding the length and width of the room.

Defence: Between 8 August 2018 and 22 February 2020, did you speak with any bathroom repair personnel?
Witness: No.

Defence: Suggestion:You have given false testimony regarding Brigadier Azmir’s bathroom repair.
Witness: It is not true that I have given false testimony regarding Brigadier Azmir’s bathroom repair..

Defence: During the first phase of 43 days of enforced disappearance, could you recognize anyone among the Army officer who had tied you and interrogated you?
Witness (Lieutenant Colonel Hasinur Rahman): During the first phase of 43 days of enforced disappearance, among those who interrogated me, I was able to recognize Brigadier General Azhar by hearing his voice.

Defence: During the second phase of enforced disappearance, from 08/08/2018 to 22/02/2020, could you recognize anyone?
Witness: During the period of detention from 08/08/2018 to 22/02/2020, I could not recognize anyone among those who interrogated me.

Defence: Who were there along with IO, when you went to visit the detention center with the IO? (Note: Here the Defence Counsel had first mentioned ‘DGFI building complex’. But the Tribunal required him to modify the question because the PW did not go to the 14 storied building complex of DGFI, but went to visit specifically ‘Aynaghar’)
Witness: During the inspection of the detention center where I was kept, along with the Investigating Officer, there were members of the prosecution team, DG, DGFI, Major General Jahangir, Brigadier General Aksar, and others.

Defence: Are Major General Jahangir and the Brigadier General Aksar still serving in the same posts?
Witness: Major General Jahangir and the Brigadier General are still serving in the same posts.

Defence: Can you tell the names of those who were in the prosecution team?
Witness: I do not remember the names of those who were in the prosecution team. (Note: Here the Tribunal asked what is the purpose of this question. The Defence Counsel replied that it was relevant because of its relation to a part of the investigation. The Tribunal asked him (Defence) what if he (PW) says he can’t remember? Defence responded, let him (PW) reply so. And since the PW gave that same reply, the Defence said he will make a ‘suggestion’ then.)

Defence: Suggestion: Despite knowing the names of those who were in the prosecution team, you have intentionally concealed them.
Witness: It is not true that despite knowing the names of those who were in the prosecution team, I have intentionally concealed them.

Defence: Did you went to his guest room when DG, DGFI Major General Jahangir called you to talk?
Witness: When DG, DGFI Major General Jahangir called me to talk, I went to his guest room once.

Defence: Is it right that you went there following the standard rules?
Witness: I went there following the standard rules. Before going, my mobile was kept at a designated desk.

Defence: Because the offices of DGFI are highly compartmentalized, entry is not allowed there without permission?
Witness: The offices of DGFI are highly compartmentalized. Entry is not allowed there without permission.

[Defence: How many feet distant was the cell where you were detained to the room where you were taken for interrogation?
Witness: My eyes were tied up. How can I tell? It may be that they had walked me in circles before taking me to the cell for interrogation.
Tribunal: This question cannot go at all. PW had made the statement that his eyes were tied up. It is impossible to say the correct distance.] (Note: This portion was deleted for the reason stated by the Tribunal. The Defence asked the questioned in a different way.)

Defence: How much time did it take to go from the cell where you were detained to the room where you were taken for interrogation?
Witness: It took approximately two minutes to go from the cell where I was detained to the room where I was taken for interrogation. When I was sick, it took more time, and while in a healthy state, it took a bit less time.

Defence: During your detention, were you interrogated on your anti-India writings?
Witness: During my detention, I was interrogated regarding my anti-India writings.

Defence: Were you interrogated for making anti-India comments on Facebook as well?
Witness: I was interrogated for making anti-India comments on Facebook.

Defence: You became a victim of enforced disappearance due to a conspiracy by India.
Witness: I became a victim of enforced disappearance due to a conspiracy by India and the Awami government.

Defence: Was the Superintendent mentioned in your statement a commissioned officer?
Witness: I do not know whether the Superintendent mentioned in my statement is a commissioned officer or not.

Defence: After your release, did your wife provide to the IO (Investigating Officer) the phone number from which your wife was called?
Witness: After my release, my wife did not provide to IO (Investigating Officer) the phone number from which she was called.

Defence: Did you submit to the IO the details of the more than 10 cases filed against you under the ICT Act?
Witness: I did not submit to the IO the details of the more than 10 cases filed against me under the ICT Act by Awami lawyers at the behest of DGFI.

Defence: Did the IO seize anything from there in your presence during the inspection of that detention center?
Witness: I do not remember whether the IO seized anything from there in my presence during the inspection of that detention center.

Defence: Were you always there with the IO during the investigation?
Witness: During the inspection, I was not with the IO at all times.

Defence: What did you mean by NCE?
Witness: NCE stands for Non-Combatant Enrollment.

Defence: How many times were the CC camera repaired during your detention?
Witness: The CC camera was repaired once while I was in detention.

[Defence: Were the bathrooms of the old building complex inside or outside (the building)?
Witness: The bathrooms of the old complex building were inside the complex.
Defence: Were they inside the main building? (He meant whether were they attached to the room)
Witness: They were not attached to the room.] (Note: This portion was deleted because the Tribunal found that the question was not properly put to the witness. Defence asked it again in different way.)

Defence: Was the bathroom you were taken to use in that old building complex common or attached?
Witness: The bathroom I was taken to use in that old building complex was common, not attached.

Defence: Except for the restricted places of DGFI, all areas of the cantonment were known to you in 1990.
Witness: Except for the restricted places, all areas of the cantonment were known to me in 1990.

Defence: Were you interrogated regarding covering the CC camera with dirt?
Witness: I was not interrogated regarding covering the CC camera with dirt.

[Defence: Was outside conversations, except sounds of Aazan or loud noise, audible from the room fitted with an exhaust fan where you were staying?
Witness: From the room fitted with an exhaust fan where I was staying, outside conversations could not be heard. But the sound of crying could be heard.
Defence: Was the conversations of the guards audible?
Witness: The conversations of the guards were audible, my Lord.
Tribunal: Then, the answer here will be ‘yes’. Skip the question then. It is already stated in his chief (examination-in-chief).] (Note: This portion was deleted for the above stated reasons given by the Tribunal)

Defence: You lied about hearing the footsteps of the guards despite the presence of the exhaust fan.
Witness: It is not true that I lied about hearing the footsteps of the guards despite the presence of the exhaust fan.

(Note: The Tribunal asks whether it is there in the chief (examination-in-chief) statement. The Witness affirms and says that there were guards along with the RAB personnels.)

Defence: In how many rooms did you spent the nights between the dates 08/08/2018 to 22/02/2020?

(Note: Prosecution raised objection in order to modify the word ‘rooms’ to ‘cells’ and to delete the wording ‘spent the nights’ since he spent both days and nights there. On the other hand, the Defence objected that the Prosecution was repeatedly mentioning Aynaghar to alert the witness. He mentions the Bhawal Ghar’s case where both questions and answers to the cross-examination were taken by the Judge, so as to maintain the correct correspondence of the questions by the Defence and their replies.)

Witness: Between the dates 08/08/2018 and 22/02/2020, I was in 3 cells.

Defence: Did you become extremely weak during hunger strike?
Witness: I had become extremely weak during the hunger strike.
(Note: The Defence counsel had first used the word ‘lifeless’ (নিষ্প্রাণ), however the Tribunal modified it to ‘extremely weak’ (নিস্তেজ). The Defence also agreed, saying the former is usually used figuratively in literary works.)

Defence: Could you recognize anyone providing medical treatment at that time?
Witness: Due to my eyes being blindfolded, I could not recognize anyone providing medical treatment.

Defence: Can you state the number of your Facebook followers?
Witness: The number of my Facebook followers was significant, but I cannot state the specific number.

Defence: How many officers in the army were loyal to you? Were they loyal due to your success in the Hill Tracts region?
Witness: I have countless loyal officers in the army. Many officers in the army were loyal to me due to my success in the Hill Tracts area.

Defence: Whom did you refer to by ‘government’ in your deposition?
(Note: Initially, the Defence asked whether the PW meant ‘President’ by the word ‘Government’. However, the Prosecution objected since President was given immunity by the law.)
Witness: By ‘government’ mentioned in my deposition, I meant the Awami League government led by Sheikh Hasina. (With objection from the learned State Defence Lawyer appointed on behalf of Sheikh Hasina)

Defence: Did you become unconscious following the heart attack?
Witness: I did not become unconscious after the heart attack.

Defence: Could you recognize the doctors who provided treatment after the heart attack?
Witness: As I was blindfolded, I could not recognize the doctors who provided treatment after the heart attack.

Defence: Was the ECG performed inside that very room?
Witness: After the heart attack, I was taken to another room where my ECG was performed. My eyes were still blindfolded at that time.

Defence: You gave false testimony stating that the ECG was performed in another room.
Witness: It is not true that I gave false testimony stating that the ECG was performed in another room.

Prosecution applies to the Tribunal time management under Rule 53(2) so that it limits the time for cross-examination. The Defence read out Rule 53(3) and said “Are we doing anything non-expeditious?” He again referred to the Bhawal Ghar’s case where witnesses were taken by commission from London.

Prosecution: Let the rest of the cross-examination continue tomorrow.

29 Jan

The remaining cross-examination on behalf of Brigadier General Mahbubur Rahman Siddiqui:

Defence: Mr. Hasinur Rahman, what are the significant events related to the three medals you received?
PW2: I received my first medal, the Bir Protik, for a successful counter-terrorism operation in Khagrachari. I received the second medal, the Bangladesh Rifles Medal, for success in suppressing terrorists in Naikhongchhari, Bandarban. I received the third medal for the arrest and suppression of top JMB terrorists; the name of this medal was the BPM Medal.

State Defense: Throughout your professional life, have you worked successfully against terrorists?
PW2: Yes, I have.

State Defense: Is the actual name of the “Shock Button” a “Shotgun”?
PW2: I do not know if another name for the Shock Button is Shotgun.

State Defense: At the time Muktar was struck with the Shock Button, what was your distance from him?
PW2: When Muktar was hit with the Shock Button, the distance between me and Muktar was approximately 50 feet. I do not know if Muktar became incapacitated for a period of time due to being struck with the Shock Button.

State Defense: The type of Shock Button that you identified from a distance of approximately 50 feet at night—have you ever used it during your professional life?
PW2: I have never used the type of Shock Button that was used to strike Muktar in my professional life. I have never used a Shock Button; I have seen a Shock Button.

State Defense: Did you see the technical specifications of the types of Shock Buttons you saw while in RAB (Rapid Action Battalion)?
PW2: I did not see the technical specifications of the Shock Buttons I saw while in RAB. The Technical Specifications (TS) unit at RAB Headquarters handles that.

State Defense: Explain the truth regarding all the items you saw while they were in custody.
PW2: It is not true that, what I claimed to have seen and recognized regarding items and people during the time of detention is false.

Remaining cross-examination on behalf of Brigadier General Ahmed Tanvir Mazhar Siddiqui.
The cross-examinations of the previous two accused are adopted here:

State Defense: Mr. Hasinur Rahman, did you work in RAB on the basis of extra-regimental employment?
PW2: It is true that, I worked in the Military Police under extra-regimental employment. I worked in RAB on deputation. It is true that, proficient members of the army are appointed under extra-regimental employment and deputation. However, this rule was in effect until before the Awami League government; later, during the Awami League government, party-affiliated people were appointed to RAB. I served in the army with a good reputation for a long time. My performance evaluation during my service is reflected in the annual reports. All my promotions and postings were based on Annual Confidential Reports (ACR). During my service in the army, all my actions were conducted according to a specific command structure.

Prosecution: My Lord, there is a specific provision for the Defense to submit documents separately.

Tribunal: For which point and for which witness the Defense will provide a statement must be submitted via an application beforehand. This is the rule under the application of Section 9 rules to do it separately. However, raising this now after the Prosecution has already begun questioning will not be effective, learned Prosecution.

While serving in the Army, I used to attempt to inform higher authorities of sensitive information through the established command channels.

It is not true to suggest that there is no provision for punitive action if sensitive information is not reported to the higher authorities through proper channels. None of the officers under my command ever disobeyed any of my orders.

It is true that, while serving in RAB (Rapid Action Battalion), I performed my duties according to my job description. I served as a Commander in RAB. My subordinate officers could conduct operations within their own jurisdictions based on their own decisions without requiring permission from higher authorities. However, if any RAB member had to conduct an operation outside their designated area, it was mandatory to obtain permission from the officer in charge of that specific area.

While serving in RAB, if any subordinate officer was found involved in criminal activities, I took punitive measures against them.

It is true that, DGFI (Directorate General of Forces Intelligence) is an intelligence agency. How DGFI operates internally is not a matter for my concern.

State Defense Counsel: On behalf of the fugitive accused: Major General Tarique Ahmed Siddique: Lieutenant General Mohammad Akbar Hossain; Major General Mohammad Saiful Abedin; Lieutenant General Mohammad Saiful Alam; Lieutenant General Ahmed Tabrez Shams Chowdhury
Adopting the previous cross-examination and beginning the additional cross-examination. (The cross-examination of the previous three accused is also adopted.)

It is true that I was imprisoned in DGFI’s “Ayna Ghor” (Secret Prison) from August 8, 2018, until February 22, 2020. At that time, the Director General of DGFI was Major General Saiful Abedin.

I was released on February 22, 2020.

I do not know specifically who kidnapped me, but I assume RAB and DGFI carried out the act.

After my release, I attempted to identify the RAB or DGFI members involved. After my release, I filed a complaint with the “Gum” (Enforced Disappearance) Commission. During that time, Major General Saiful Abedin requested me to withdraw the case. I told him, “Why didn’t you contact me earlier? It is not possible for me to withdraw it now.” I hold Major General Saiful Abedin responsible for my kidnapping.

It is not true that, I have no complaints against Lieutenant General Akbar Hossain, Lieutenant General Mohammad Saiful Alam, or Lieutenant General Ahmed Tabrez Shams Chowdhury regarding my disappearance and detention.

I did not file a case at the police station against Major General Saiful Abedin because the environment at the time was not conducive to doing so.

The investigating officer has questioned me.

I do not know how many bureaus are operated by DGFI.

I have heard that there is a bureau named CTIB (Counter Terrorism and Intelligence Bureau) within DGFI. I am aware that there is a bureau named CIB (Central Intelligence Bureau) in DGFI.

It is true that, the primary function of DGFI is to conduct intelligence activities regarding internal and external threats to protect national security and sovereignty. However, they also operate outside of these responsibilities.

It is true that, they conduct military intelligence regarding the activities of serving members of the three armed forces.

Army officers must first be “Gentleman Cadets.”

After my release, the first COVID-19 case was reported in Bangladesh.

It is not true that, I am testifying against the accused in this case without reason.

It is not true that, I am giving false testimony.

State Defense: Cross-examination on behalf of Accused Sheikh Hasina:

It is not true that, I was a member of Harkat-ul-Jihad.

It is not true that, the charges brought against me were true.

It is not true that, I was punished because the charges against me were factual.

It is not true that, I failed to appeal for that reason.

It is not true that, I did not file a complaint against Zahid Abdullah. I filed a complaint against him with the Disappearance Commission.

It is not true that, no place called “Ayna Ghor” existed in the world.

It is not true that, there were no instructions from Sheikh Hasina regarding my disappearance and detention.

It is true that, there are three methods of issuing instructions: written, verbal, and by gesture (sign).

It is not true that, Sheikh Hasina did not provide instructions through any of these processes regarding my disappearance and detention.

Since my release, I have not tried to find the specific individual who interrogated me during my detention.

It is not true that, only that individual is responsible for the injustice done to me.

During my detention, I did not attempt to collect records of the medical treatment I received while ill.

It is not true that, I did not see the diplomat Maroof Zaman during my detention.

I have given a statement to the investigating officer, but I cannot recall the exact date.

Tribunal: This cross-examination will resume on Sunday, February 1, 2026.

Feb 1: Amrito