The commission formed to look into the enforced disappearances that occurred over the 15 and a half years of the Awami League rule, has submitted its interim report, ‘Unfolding the Truth’. Head of the committee, retired Justice Moyeenul Islam Chowdhury, on 19 December spoke to Prothom Alo’s news editor Rajib Hasan and staff correspondent Mahmudul Hasan at the commission office in Gulshan, Dhaka.
The interim report has been submitted three and a half months after the commission was formed. Within this span of time have you been able to gather enough information and evidence to prove the crimes involved in the incidents you all have been investigating?
Moyeenul Islam Chowdhury: Our commission is a fact-finding commission. No chargesheet or FIR against any accused will be filed as a result of this commission's report. The report to be submitted by the investigating body of the International Crimes Tribunal will be the police report. This commission is not any investigative agency, not any prosecuting agency. The commission report can serve as a basis for the tribunal's investigations. It has plenty of necessary material required for the investigations.
The commission report will have a lot of evidence. The victims of enforced disappearance who have returned and the families of those who have not returned, have given us their depositions. We physically visited the areas or detention prisons that they described to us. These match 98 per cent of the victims' descriptions. All this will serve as circumstantial evidence.
We are also getting first-hand evidence from the victims. There is no scope to get any neutral witness. Those who abducted these people, tortured them, unlawfully kept them imprisoned for year after year, will not speak against themselves. For instance, those who unlawfully kept Barrister Arman and General Azmi incarcerated for eight years, will not admit to their own crimes. They held Hummam Quader Chowdhury for seven months. They kept former ambassador Maruf Zaman in detention for two and a half to three years. Without any cases, they kept their prisoners in detention and tortured them for year after year.
What sort of evidence did you get from the secret detention units? Is there any apprehension that the evidence may be destroyed? A lot of evidence, for example, had been destroyed in the case of Argentina's commission on the disappearance of persons.
Moyeenul Islam Chowdhury: Changes had been brought about in a couple of the secret detention units. Walls were painted to erase the writing by the prisoners, where they had jotted down their names, mobile phone numbers, their thoughts and feelings and so on. In some places such evidence had only been partially destroyed. In some places where there were several cells, the walls were demolished to make a single cell, or where there was one cell, that has been made into three.
These are not major changes. In most of the cases the changes have been minor. We went there, telling them to keep things as they were. Until the investigations are over and in some case, until the trial or case is over, things must be kept as they were. All this is circumstantial evidence. We wrote letters too, informing them of this. In our final report we will say whether these secret cells are to be made into museums or not.
Prothom Alo :
Have you found any documents about the internment of the victims of enforced disappearance?
Moyeenul Islam Chowdhury: In most instances we did not find documents regarding internment in these detention cells. The reason behind this is that because these were unlawful deeds, no documents were kept on record. Once the prisoners were released, all records were destroyed. This is particularly true in the case of DGFI.
How were the decisions taken to abduct anyone and how was this implemented? Were there any special perks or prizes for those carrying out such tasks?
Moyeenul Islam Chowdhury: First it would be decided who was to be abducted. The persons would be kept under surveillance and then picked up from a convenient spot. Most of these incidents would happen after dark. At times one force and at time several forces would be involved in these enforced disappearances. For example, DGFI doesn't have the capacity to conduct such operations and so they would at times take RAB along or at times wear RAB or DB jackets and carry out the operation. The force involved in the enforced disappearance and the concerned persons would work in an extremely well-coordinated manner. This would be carried out by means of a central command structure. Those involved in the process would be given promotions, sent on overseas missions and provided with other benefits and facilities.
The enforced disappearances would be carried out under orders from the highest level of government. The orders would come from the top most level through Tarique Siddique (former prime minister Sheikh Hasina's security-related advisor).
In most instances the orders would be made over mobile phone. The matter was revealed in the statements of those victims or witnesses who have a standing on society. We summoned those were accused of being involved in the enforced disappearances. Their statements also reveal that the orders came from Sheikh Hasina. A retired senior army official, for example, admitted this to us.
Prothom Alo :
Some victims were killed after being abducted, some were released after a few days, some were at a later date shown to be arrested and some were kept in detention for years on end. How was all this determined?
Moyeenul Islam Chowdhury: From what has been learnt so far, these matters would be decided upon after the person was picked up. A person would be picked up and questioned. The information gathered from this person would be assessed. Sometimes a person would be picked up to fulfill a certain objective. After that their fate would be decided upon at the behest of the central command. If the person was a political personality or some important member of the civil society, the next step would be taken in accordance to orders from the top level of government. For example, when Hummam Kader Chowdhury was released from incarceration, he was told, “The prime minister has granted you a second life. Leave politics and go abroad. Do not return to the country until the situation improves.”
Outside of all this, we have confirmed that there was the matter of exchange of certain abducted persons with India. This was not done under the extradition treaty, but informally. There probably was a secret understanding in this regarding between our intelligence agencies and Indian intelligence agencies. Once those persons were in India, they would be questioned on various issues.
The junior officers and soldiers, constables or field level persons may argue they were just carrying out orders. What about that?
Moyeenul Islam Chowdhury: Those who issued the commands for enforced disappearance, those who were at a senior level in the structure involved in enforced disappearance but took no action despite seeing it all, or those who followed the orders from above, are all guilty. It is a crime to obey unlawful orders.
Prothom Alo :
How far are those at a field level being identified?
Moyeenul Islam Chowdhury: Most of those who would pick up the people would be do so at night, wearing caps, sunglasses and masks and so were unrecognisable. They would nab the persons and immediately pull a long cap over their heads up till the neck. In many instances they would create a smokescreen by identifying themselves as members of a different force. So it is difficult to identify those at a field level. What we will do is identify those who issued the orders and those in higher positions of the concerned agencies, forces or their units.
Are the concerned forces or agencies cooperating? Are the accused responding to the summons of the commission?
Moyeenul Islam Chowdhury: Till now the law enforcement, such as the police, RAB, DB, CTTC have been more or less cooperating. DGFI is less cooperative. They claim that as these matters were unlawful, no records were maintained. It was clear that this was at the behest of the top person of the government at the time, that is the prime minister.
Many of those involved in the enforced disappearances have retired. Many are still in service. Three or four of those who did not respond to the commission’s summons have fled abroad. In keeping with the law, there will be “adverse presumption” against those who have not responded to the summons. In order words, the accused does not want to reveal anything about the accusations.
For example, we summoned the five persons against whom former army officer Hasinur Rahman brought about specific allegations. One came after the stipulated time, the remaining four didn’t show up. They will face advance presumption, meaning they didn’t turn up because they were involved. In the case of former and serving army officers, we are issuing the summons via the army chief. Some are coming, some are not.
The main targets of enforced disappearance were supporters of the political opposition. Outside of that, who else were the victims of enforced disappearance?
Moyeenul Islam Chowdhury: When anyone disappeared, the government at the time would say that they have eloped or are hiding from moneylenders or such, but we have proof that such statements were untrue and baseless. Basically four types of persons were abducted. For example, the political opposition or, to be more specific, leaders and activists of BNP and Jamaat. Then there were representatives of the civil society or persons who criticised the past government. Such criticism could have been on Facebook, on various online platforms or in newspaper columns, talk shows or other means. Former ambassador Maruf Zaman, for example, would write on online platforms. Then there was Lt Col Hasinur Rahman who was told to work with the Indian intelligence RAW. He refused. That is why even while in service he was picked up. Just imagine fellow officers holding a gun to the head of a serving army officer and abducting him. He was abducted twice. Lt Col Abdullah Zahid was also picked up while in service. He was kept in detention for nine months before being court-martialed and sacked.
Then there were those subject to enforced disappearance on suspicion of being militants. We are examining the allegations of enforced disappearance that have come to us. For instance, of the 100 enforced disappearances on grounds of involvement in militancy, 80 of the allegations were false. The remaining 20 per cent may have had some truth.
Then there were the cases of business or personal conflict or family feuds over land and property, where money was paid for the rivals subjected to enforced disappearance by means of the law enforcement. For example, if anyone had a family feud with an important Awami League person, he would tell RAB or the police to abduct them. In certain isolated cases, some members of the law enforcement could have carried out the enforced disappearance in their personal interests.
Prothom Alo :
Have you found any instances of money being taken from the victims of the victims' families after the enforced disappearance?
Moyeenul Islam Chowdhury: In some cases when DGFI, RAB, DB and others who would abduct the people, they would take money from the family of the victims. They would say that they would release the victims or provide information about him in exchange of money. But there are no instances of instant release upon receiving payment. We have found instances of release a few days after the payment was made. But then sometimes they would simply be shown arrested in some other case.
The families of persons still missing are waiting. What possibility do you see of these missing persons being recovered alive? Do you all have any initiative in this regard?
Moyeenul Islam Chowdhury: So far we have examined 758 of the 1,676 complaints we have received. From that we have come to know of 204 who have not returned. And of the total complaints, there is no trace of 400 to 450 persons.
We are working to find the people of whom there is no trace. We are endeavouring to locate them. But in investigating these incidents, from what we have understood so far, it seems that these missing persons may never be found. For example, there is very little possibility of finding BNP leader Ilias Ali, the Sylhet Chhatra Dal leader Dinar, former member of parliament Saiful Islam Hiru of Laksham, Cumilla, because after the fall of Sheikh Hasina’s government, we for information of people leaving the secret detention cells. But there has been further information of any releases after that.
If the family of the victims filed cases with the International Crimes Tribunal regarding those still missing, these matters may come up in the investigations of the investigating agencies.
Prothom Alo :
How will the trial of these involved in the enforced disappearances be ensured?
Moyeenul Islam Chowdhury: In our final report we will state how the enforced disappearances occurred during Sheikh Hasina’s rule, who carried these out who are responsible for these. This report will assist in the investigations of the International Crime Tribunal’s investigating agency.
A few names including that of Sheikh Hasina have appeared in the interim report. We have not published many other remaining names. We have not revealed all names in the interests of the safety of the victims and their families, and also so the criminals cannot flee. Many of them face a ban of foreign travel. And there is scope of bringing back those who have already fled abroad, especially to India, under an extradition treaty.
Also the International (Tribunal) Amendment Ordinance-2024 will make the trial proceedings easier. The most important part of this amendment is it has been modeled on the lines of the Rome Statute based o which the International Crimes Tribunal was established. It contains many of the provisions from there. It seems that the limitations of the law have been eliminated. That has created the scope of this trial to be of international standards.
Prothom Alo :
Do you have any recommendations to ensure that no environment arises again in future for enforced disappearances? Will the commission have any recommendations?
Moyeenul Islam Chowdhury: The political culture that had grown up over the past 15 and a half years must be finished. The enforced disappearances that occurred in this span of time were basically due to political reasons. The government, state and ruling party had all merged as one. The judges who were trustees of sovereign judicial powers, the ministers who were trustees of sovereign executive powers, the members of parliament who were trustees of sovereign legislative powers, did not carry out their duties correctly. That is why there was a lacking emerged in the rule of law. The law was not applied equally for all, it was done selectively. It was seen that nothing happened to those in the ruling party even if they committed crimes. Yet cases were filed against innocent persons who were in the opposition.
A balance of the prime minister’s powers is essential to overcome this situation. A balance must be brought about between the powers of the president and the prime minister so that absolute power does not rest with anyone. This will require an amendment or change of the constitution. Good governance will also be required. Unless politics is cleaned up, good governance cannot be established. Enforced disappearances will not stop. It is the duty of the politicians to clear up politics. Only politicians who have honestly, no greed, of good character, efficient and patriotic will be able to clean up politics. Whether an end will come to enforced disappearance will depend on the will of the ruling party politicians.
* This interview appeared in the print and online edition of Prothom Alo and has been rewritten for the English edition by Ayesha Kabir