Why old tactics for arrest, cases and remand

Not only leaders and activists of Awami League and its associate bodies and ministers, but also admin officials, justices, businessmen, police officials and officials of the university administration have gone into hiding in fear of public wrath after the fall of Sheikh Hasina. There are various allegations against them. The allegations include use of force to tackle the student movement in July and August, enforced disappearances, killings, human rights violations, corruption and irregularities over the last 15 years.

The expectations from the interim government is that the allegations will be investigated and perpetrators will be brought to book.

Several people who came up for discussion and were close to the government, were arrested in the past few days. But there is a similarity of strategies between these arrests and arrests made during the previous governments. The general people feel that they have remained detained since the flight of Sheikh Hasina on 5 August. But the police are spreading the narratives of their arrests in the old style.

Army chief Waker-uz-Zaman confirmed that many out of fear sought security to the army and the force provided shelter to them. On 13 August, speaking to newsmen, he said, "If one finds his or her life threatened, we definitely shelter them, irrespective of caste and creed. They will surely be booked if there are any allegations or cases against them. But we do not want any extrajudicial activities or attacks."

Discussions are going on the probable outcome of trial processes. The government has to reach a decision in principle in this regard. The main thing should be to ensure justice of all crimes and the trial has to be transparent and acceptable

It is natural that questions will come to the public mind as to where are the ministers, members of parliament and their associates of the past government.

But afterwards the process in which former law minister Anisul Huq and former adviser to the ousted prime minister, Salman F Rahman, were arrested, as confirmed by the Dhaka Metropolitan Police (DMP), does not seem to be believable. Later, several more people were arrested in the same way.

Over the matter in a report published in Prothom Alo on Sunday, we questioned from where former ministers and controversial people are being arrested.

Also Read

Afterwards, we got a press release from the Inter-Services Public Relations (ISPR) directorate. It said a total of 626 people, including politicians, took refuge in different cantonments across the country to protect their lives following the ouster of prime minister Sheikh Hasina on 5 August. As the situation improved, 615 individuals voluntarily left the cantonments, while four were handed over to law enforcement agencies due to complaints or cases against them. Seven are still staying in the cantonments.

In the statement of ISPR, answers have been found to many questions and confusions emanated from the people. We thank the army leadership and the ISPR for clarification of the matter immediately.

Meanwhile, we notice cases are being filed against many ministers, MPs, police officers including ousted prime minister Sheikh Hasina on charges of various allegations. According to the ISPR statement, all 615 people except seven have left the cantonments. The question is, where are they? What steps the law enforcing agencies are taking especially against those with serious allegations?

It was earlier mentioned that there is a lack of credibility over the process of arrest of six controversial persons of the ousted government. So it has been an urgent matter to ensure transparency and credibility of arrest. This task should be done in accordance with the law, so that there will be no question about this. No concocted story should be made over detention or arrest.

Questions are also being raised about the future of the cases that are being filed against ousted prime minister Sheikh Hasina, ministers, MPs and police officers. Those who lost their relatives including children, brothers, may seek redress to the court. But it is the responsibility of the police to take into consideration how much the allegations can be proved while making accusations. The lawyers and the legal experts have doubts whether the allegations can be proved or not as to the way the cases are being filed.

It is noted that the arrests, cases or remand are being carried out in old style. If any one or two cases are dismissed after the trial process, there is a risk that the cases may be considered as politically motivated or filed out of revenge. So attention must be paid so that the role of police, court and trial process don't reflect the old practices.

It was earlier mentioned that there is a lack of credibility over the process of arrest of six controversial persons of the ousted government. So it has been an urgent matter to ensure transparency and credibility of arrest. This task should be done in accordance with the law, so that there will be no question about this. No concocted story should be made over detention or arrest.

The issue of human rights has to be taken into consideration while arresting the accused and taking them in remand. As the previous government grossly violated human rights, the new government must be aware of these issues.

Political scientist Ali Riaz in his article 'Sheikh Hasina’s trial: Judicial process mustn’t be controversial' published at Prothom Alo on 16 August wrote, "It is essential for the police and the court to practice caution in their behaviour. It would be wrong to project such behaviour that would overshadow the actual crimes of those persons. It must be kept in mind that the entire world is focussed on Bangladesh and most people are expecting the government formed through the mass uprising to behave in a legal manner. The country cannot be changed, after all, without establishing the rule of law."

Now the big question is how the crimes including confining in Aynaghar, killing and enforced disappearances during the 15-year rule of Awami League and the incidents of killing during the movement by the students in July-August.

There are two sides to these incidents. One is, investigation into the killings that took place in July-August and the other is, trial of Sheikh Hasina for crimes against humanity.

It is heard from the law adviser about the trial at the International Crime Tribunal (ICT) in the country. Besides, there are also discussions on the investigation under the UN and the International Criminal Court (ICC).

Discussions are going on the probable outcome of trial processes. The government has to reach a decision in principle in this regard. The main thing should be to ensure justice of all crimes and the trial has to be transparent and credible.

*AKM Zakaria is deputy editor at Prothom Alo.

*This column appeared in the online edition of Prothom Alo and has been rewritten for the English edition by Rabiul Islam.