As Bangladesh’s interim administration proceeds with prosecutions against exiled Prime Minister Sheikh Hasina and several senior military officers for alleged enforced disappearances, leading jurists and human-rights observers are urging the government to ensure impartiality by reopening investigations into earlier state-sponsored killings under previous regimes.
They emphasize that any credible process must also address the 1,199 extrajudicial killings [cgs-bd.com] recorded during the BNP–Jamaat government led by Khaleda Zia (2001–2006) and the 333 deaths in custody or “crossfire” incidents [Sources: cgs-bd.com, Refworld, forum-asia.org, sabrang.com] documented under the 2007–08 army-backed caretaker regime. Rights advocates warn that selective prosecution risks turning the current accountability drive into a political purge.
Prominent human-rights defenders Dr Shahdeen Malik, Dr Badiul Alam Majumdar, Dr Iftekharuzzaman, and Nur Khan Liton have cautioned that the government’s current course “must not resemble a cleansing operation.” They argue that the Yunus-led administration should avoid the perception of removing pro-Liberation officers from the Bangladesh Army while ignoring historic abuses under earlier governments.
Also Read: Selective Justice or Political Purge?
Questions of bias and political motive
Experts say the credibility of the tribunal now prosecuting Awami League-era officials depends on whether it can demonstrate even-handedness. They note that if the government also initiates legal proceedings against those responsible for torturing senior political figures—such as BNP’s Tarique Rahman and Awami League’s then–General Secretary Abdul Jalil—while in military custody during caretaker regime, it would help dispel doubts about bias and show the trials are not politically motivated.
“Justice cannot be one-sided or politically driven,” said Dr Iftekharuzzaman, Executive Director of Transparency International Bangladesh. “Singling out individuals from the security forces for being loyal to Sheikh Hasina’s government, while ignoring others involved in crimes under previous administrations, cannot be considered true justice.”
Arrests and tribunal proceedings
On October 8, the interim government—led by Nobel laureate Dr Muhammad Yunus and backed by army and Islamist allies—formally charged 28 individuals, including Sheikh Hasina and 23 current or former army officers, in two cases alleging enforced disappearances, secret detention, and torture during Hasina’s 15 years in office. Four days later, on October 12, officials announced that 15 Bangladesh Army officers had been taken into custody under warrants issued by a special tribunal constituted to try alleged war criminals of 1971.
Shafiqul Alam, the Chief Adviser’s Press Secretary, told state news agency BSS that no further arrest warrants were planned against serving members of the armed forces. The statement signaled close executive involvement in the tribunal process.
“This is arbitrariness in the name of justice,” A.F.M. Bahauddin Nasim, Joint General Secretary of the Awami League, told The Voice. “The authorities will arrest whomever they wish and spare whomever they choose. This is nothing but vengeance driven by political motives.”
Operation Clean Heart and the roots of impunity
While the new tribunal casts a wide net over the Awami League years, earlier episodes of bloodshed remain largely unaddressed. Official and human-rights data show that during Khaleda Zia’s 2001–2006 tenure, approximately 1,200 extrajudicial killings occurred. The Rapid Action Battalion (RAB)—formed in 2004—accounted for about 367 deaths, while another 832 victims were killed by police, paramilitary, and army units.
One of the most notorious crackdowns, Operation Clean Heart (October 2002 to January 2003), mobilized 24,023 army and 339 navy personnel alongside members of the BDR, police, and Ansar. The operation resulted in more than 11,200 arrests, widespread allegations of torture, and at least 44 confirmed custodial deaths, according to reporting by The Daily Star.
Other contemporaneous counts were higher: Human Rights Watch cited 60 deaths during the operation [bdnews24.com]; the U.S. State Department’s 2002 rights report recorded 31 deaths following arrest or interrogation by the army and another 15 killings during the same drive, implying roughly 46 fatalities linked to the crackdown [Refworld].
In one Dhaka neighborhood, Karim (a pseudonym), a 38-year-old shopkeeper, was taken from his home in November 2002. Soldiers told his wife he was being questioned about “criminal activity.” Two days later, his body was found at a hospital morgue. The official report listed a heart attack; his injuries suggested otherwise.
Instead of holding those responsible to account, the BNP-Jamaat government passed the Joint Drive Indemnity Act, 2003, shielding every soldier and officer involved [omct.org]. The parliament described it as a “necessary legal shield.” Rights advocates called it “a state-sanctioned license to kill.” [Emory Law Scholarly Commons]
The indemnity law blatantly violated constitutional rights and Bangladesh’s obligations under the UN Convention Against Torture, effectively “formalizing the policy of torturing and murdering suspects,” prominent jurist Dr. Kamal Hossain said then.
It took twelve years and a petition filed under the Awami League government for the High Court to strike down the indemnity. In 2015, the court declared it unconstitutional, allowing victims’ families to seek justice [newagebd.net]. Yet, as Nur Khan Liton former Executive Director of Ain o Salish Kendra told The Voice, “The indemnity was scrapped, but justice remains buried. The families are too afraid or too poor to fight the state.”
Dr. Badiul Alam Majumdar said, “Khaleda Zia and the army officers who acted on her orders and carried out extrajudicial killings cannot go unpunished. All of them must be prosecuted to uphold the rule of law. However, given the large number of individuals involved from different forces — including the Army, BDR, RAB, and Police — bringing all of them to justice remains a major challenge.”
A pattern across regimes
Killings did not end with Operation Clean Heart. Under the 2007–08 army-backed caretaker government, rights group Odhikar documented 333 extrajudicial killings—184 in 2007 and 149 in 2008. Victims were frequently reported as dying in “crossfire” or “encounters,” euphemisms for executions without trial. Many officers involved were captains at the time; some are now generals. None has faced legal action.
“The trial of criminal offences cannot be a matter of the ruler’s choice,” said Dr Shahdeen Malik, a constitutional expert. “If the Yunus government truly seeks justice, it must apply one standard for all—BNP, caretaker, or Awami League.”
RAB and the normalization of fear
Formed in March 2004 during Khaleda Zia’s tenure, RAB was introduced as an “elite anti-crime force.” Within its first two and a half years, Human Rights Watch documented at least 367 killings in custody or alleged gunfights. Observers described a recurring script: a suspect arrested, taken to “recover hidden weapons,” then ambushed and killed in “crossfire,” with officers rarely injured.
RAB’s leadership blurred military and police lines. Founding Director General Anwarul Iqbal and successor Abdul Aziz Sarkar were police officers, but key operational posts were held by army officers such as Lt Col Chowdhury Fazlul Bari, Lt Col Gulzar Uddin Ahmed, and Col Md Mahbubul Alam Mollah.
By late 2006, eight of RAB’s twelve battalions were led by army lieutenant colonels. In 2008, the U.S. State Department recorded 68 killings by RAB and 15 by joint RAB–police units. The BNP, which once empowered RAB, later called for its abolition [newagebd.net].
Selected Bangladesh Army officers in RAB command roles (documented)
BNP Government (Oct 2001–Oct 2006) — 13 named officers
• Col Md Mahbubul Alam Mollah (Deputy Director, RAB HQ)
• Lt Col Asif Ahmed Ansari (Head of Operations / CO RAB-1)
• Lt Col Gulzar Uddin Ahmed (founding Intelligence Director)
• Lt Col Syed Syedis Saklayen (former Operations Chief)
• Lt Col Mirza Ezazur Rahman (former Intelligence Chief)
• Lt Col Md Badrul Ahsan (CO RAB-4)
• Lt Col Md Shams-Ul-Huda (CO RAB-6)
• Lt Col Md Hashinur Rahman (CO RAB-7)
• Lt Col Md Ershad Hossain (CO RAB-8)
• Lt Col Nurul Momen Khan (CO RAB-9)
• Lt Col Md Manikur Rahman (CO RAB-10)
• Lt Col Md Humayun Babir (CO RAB-11)
• Lt Col Chowdhury Fazlul Bari (early RAB-1 commander, 2004)
(As of late 2006, 8 of 12 battalions were commanded by army officers.)
Army-backed caretaker regime (Jan 2007–Dec 2008) — 2 senior officers
• Col Gulzar Uddin Ahmed (Additional DG, Ops/Intel; later posted to BDR)
• Lt Col Asif Ahmed Ansari (Director, Intelligence Wing, from mid-2007)
Awami League Government (Jan 2009–Aug 2024) — 11+ named officers
Additional DG (Operations):
• Brig Gen Ziaul Ahsan (2013–2016)
• Col Mohammad Anwar Latif Khan (2016–2018)
• Brig Gen Mohammad Jahangir Alam (2018–2019)
• Brig Gen Tofail Mustafa Sorwar (2019–2021)
• Col Khan Mohammad Azad (2021– )
• Brig Gen Md Kamrul Hasan (2022–2023)
• Col Md Mahbub Alam (2023–2024)
• Col Abdullah Al Momen (2024–present)
Other senior/command roles:
• Lt Col Abul Kalam Azad (Director, Intelligence Wing; † 2017 Operation Twilight)
• Lt Col Miftah Uddin Ahmed (CO RAB-7; U.S. sanctions 2021)
• Lt Col Tareque Sayeed Mohammad (CO RAB-11; convicted in Narayanganj seven-murder case)
The 2009 BDR mutiny: justice in one direction
The BDR mutiny of February 2009 killed 74 people, including 57 army officers. Thousands of border guards were arrested, leading to one of the world’s largest mass trials. In 2013, a Dhaka court sentenced 152 to death and 161 to life imprisonment, while hundreds received lesser terms. Between 2009 and 2011, however, 78 accused BDR men died in custody—51 in 2009, 20 in 2010, 7 in 2011—many showing signs consistent with torture, according to reporting in The Daily Star.
“Murders cannot go unpunished,” said Nur Khan Liton. “If Sheikh Hasina ordered torture, she should face justice — but so should the interrogators. You cannot prosecute half the truth.”
The High Court’s 2017 review upheld 139 death sentences and 185 life terms, while noting due-process violations. Yet no inquiry has been launched into the custodial deaths.
New trials, old patterns
The Yunus-led interim government, in power since August 2024, has indicted 28 individuals, including Sheikh Hasina and 23 current or former officers, on charges tied to the Awami League years. Officials describe the initiative as restoring accountability. Critics call it retribution.
“By targeting pro-Liberation officers and ignoring crimes from earlier regimes, the government is turning justice into vengeance,” said Dr Iftekharuzzaman. Dr Badiul Alam Majumdar added: “Khaleda Zia and the officers who acted on her orders cannot go unpunished. But selective prosecution will destroy public trust. The law must cover the Army, BDR, RAB, and Police alike.”
Reshaping the Army
Military sources report significant reshuffles since August 2024. Officers known for their loyalty to Liberation War ideals or prior Awami League administrations have been reassigned or retired, while others linked to conservative networks have gained influence.
“They’re being punished for defending the secular state,” said a retired brigadier who fought in 1971. “Meanwhile, the men who led the 2002–03 and 2007–08 crackdowns remain untouched.”
Calls for equal accountability
Legal experts insist that Bangladesh’s human-rights credibility depends on applying justice uniformly. “The High Court’s decision to void the 2003 indemnity was a milestone,” said Dr Shahdeen Malik.
“Now the test is whether the state can extend that principle to every regime’s crimes, not just those of its political opponents.” He and others have proposed a truth-and-accountability commission covering 2001–2011, ending army deputations to RAB, and establishing legal protections for victims seeking compensation. A senior rights investigator in Geneva cautioned that selective justice “discredits the very idea of accountability.”
Extrajudicial killings: Only by RAB
- By Dec 2006, Human Rights Watch had documented 367 killings by RAB (June 2004–Sept 2006). [Human Rights Watch]
- A Daily Star legal brief (citing tallying of press reports) counted 409 killed by RAB June 24, 2004–March 24, 2007 [The Daily Star].
- Caretaker Government (2007–2008): “State Dept reports 68 people killed by RAB in 2008; 2007 data show 126 extrajudicial killings by security forces in the first 210 days of emergency, not RAB-specific.” [Refworld]
- BNP + caretaker combined (2001–Jan 2009): 1,534 alleged extrajudicial killings (Odhikar). Within that, caretaker 2007–2008 is 313, implying BNP era 1,221 by subtraction.
BNP (Khaleda Zia) — Oct 2001–Oct 2006
- Total alleged extrajudicial killings (all agencies): 1,199 (sum of Odhikar’s year-wise counts 2001–2006). [cgs-bd.com]
- RAB’s share: 367 killings (HRW database, June 2004–Sept 2006). [Human Rights Watch]
- “Other forces” (non-RAB) during BNP: 832 (1,199 total minus 367 attributed to RAB). Note the small window mismatch (HRW covers Jun-2004→Sep-2006, nearly the whole RAB period under BNP). (cgs-bd.com)
Army-backed caretaker — Jan 2007–Dec 2008
- During the first 240 days of the Emergency (to 9 Sept 2007): Odhikar logged 134 EJK with this agency split: RAB 74, Police 38, Joint Forces 7, Army 7, Navy 3, RAB+Police 3, Jail Police 1, Dept. of Narcotics 1.
→ Non-RAB in this slice: 60 (38+7+7+3+1+1+3 counted only where RAB not involved). [sabrang.com] - Over 13 months of Emergency (12 Jan 2007–11 Feb 2008): Odhikar reported 184 EJK: RAB 91, Police 64, others 29 → Non-RAB = 93. [forum-asia.org]
- Calendar year 2008: US State Dept reports RAB 68 killed, plus 15 killed by joint RAB+police units. Odhikar’s 2008 EJK total = 149. A cautious subtraction (149 − 68 − 15) implies 66 non-RAB that year. (Joint RAB+police cases include RAB, so they are not “non-RAB”.) [Refworld]
- Total alleged EJK (all agencies) across the caretaker period, by Odhikar yearly sums: 333 (2007 184 + 2008 149). [cgs-bd.com]
A nation waiting for closure
Across Bangladesh, families still hold death certificates listing “heart failure” for men in their thirties and forties. Some have fallen silent; others return each year to graves where the cause of death was never fully investigated. For them, the issue is not political but human. “Who will name the soldiers who took our sons?” one widow asked outside the High Court, clutching a photograph from 2002.
Bangladesh has repealed one indemnity law, but the culture of indemnity—the belief that power protects—endures. As the interim government’s trials proceed, the larger question remains: will the nation confront abuses across all eras, or rewrite them for a new political moment? “Only the guilty need indemnity laws,” said Nur Khan. “Until every regime faces the same court, Bangladesh’s democracy will remain hostage to fear.”
