In August 2025, an article in Prothom Alo highlighted the arrest of Dr. Tawfiq-e-Elahi Chowdhury, a former adviser to ousted Prime Minister Sheikh Hasina, by the International Crimes Tribunal (ICT) in October 2024. The arrest was based on allegations of crimes against humanity. Despite being detained for 15 months now, Chowdhury has not been charged with any crime.
Concerns have been raised regarding the legality of Chowdhury’s prolonged detention by the ICT, which may potentially violate the Tribunal’s own procedural rules. According to Rule 9(5) of the ICT Rules of Procedure, investigations should be concluded within one year of arrest. If the investigation extends beyond this period without completion, the accused may be released on bail, unless exceptional circumstances are present and properly recorded.
The lack of transparent justifications for Chowdhury’s continued detention, especially without formal charges and in the absence of identified exceptional circumstances, raises questions about the adherence to the Tribunal’s legal framework. This situation is not unique to Chowdhury, as several other individuals, including former ministers and members of parliament, have also been held in ICT custody without charge for over a year.
While the Tribunal claims to adhere to international standards in its judgments, concerns persist regarding the detention practices, particularly in cases of pre-charge detention. Lord Carlile KC, a UK lawyer assisting one of the detained individuals, criticized the lack of legal credibility in the procedures followed by the ICT and emphasized the importance of serving evidence to the accused in a timely manner.
It is essential for the Tribunal and the government to uphold due process and the rule of law, even in politically sensitive cases, to ensure justice is served. Resisting populist pressures and applying procedural fairness, including granting bail to those detained pre-charge for extended periods, is crucial for upholding the principles of justice and accountability.
The call for reconciliation through the rule of law, as emphasized by the new prime minister, underscores the significance of upholding legal procedures and due process in addressing legal matters. The need for transparency and adherence to legal standards remains paramount in ensuring a fair and impartial trial process.
(The ICT prosecution office did not provide comments on these concerns.)
David Bergman is a seasoned journalist covering Bangladesh extensively. He can be followed on Twitter at @TheDavidBergman. The opinions expressed in this article are solely the author’s.
