International Crimes Tribunal鈥檚 chief prosecutor Muhammad Tajul Islam on Sunday said that anyone detained under the law must be produced before a court within 24 hours of arrest, except for the time needed for bringing the accused from the place of arrest.
He made the remarks responding to reporters鈥� questions about whether the Bangladesh Army had sought his opinion as the army took 15 of its serving officials accused in cases of enforced disappearances and crimes against humanity pending before the International Crimes Tribunal-1 into custody.
鈥楾he law clearly states that any accused must be produced before the court from where they are arrested. Our constitution also prohibits detention beyond 24 hours without court permission. Only the court can authorise detention,鈥� Tajul said.
He said, 鈥榃e are not officially aware of their detention. We came to know about it from the media. If we are formally informed, we will say that they must be brought before the court, as required by law.鈥�
On Saturday, the Bangladesh Army said that fourteen serving officers and another on post-retirement leave, who are facing arrest warrants issued by the ICT in connection with enforced disappearances and the July murders, had been taken into army custody on Thursday. The army also said a major general remained absent without leave.
Tajul said that the ICT Office had served the tribunal鈥檚 October 8 arrest warrants in time and sent them to the appropriate authorities, with copies dispatched to other relevant offices.
鈥榃e understand that the warrants have already reached the concerned authorities,鈥� he said.
When asked whether the detained army officers could be produced before the tribunal through an online video conference, the chief prosecutor declined to comment and said, 鈥楾he law will take its own course.鈥�
Tajul also pointed out that the International Crimes (Tribunals) Act, 1973 was a special law empowered to try members of defence forces like the army, navy and air force, as well as intelligence agencies, the police, and other disciplined forces.
He explained that other laws, including the Army, Navy, and Air Force Acts, do not cover the offences mentioned in the 1973 Act.
鈥楾he constitution protects the provisions of the ICT Act, which empowers the tribunal to try international crimes such as genocide and crimes against humanity, even if those provisions appear to conflict with constitutional guarantees,鈥� he said.
鈥楾here is no alternative but to follow the law, whose provisions are protected and cannot be challenged in any court,鈥� Tajul added.
The prosecution of the International Crimes Tribunals filed charges of crimes against humanity against 28 people, including 25 former senior officers of the Directorate General of Forces Intelligence and the Rapid Action Battalion, for their alleged roles in enforced disappearances and torture in custody under their command.
The chief prosecutor filed the charges with ICT-1 on October 8.
Deposed prime minister Sheikh Hasina, her former home minister Asaduzzaman Khan, and former defence adviser Major General (retired) Tarique Ahmed Siddique were also named among the 28 accused in two cases linked to the 鈥楢ynaghar鈥�, secret detention centres inside the DGFI headquarters and the RAB-1 office in Dhaka.
The prosecution said that 22 of the accused were high-ranking army officers. Of them, 11 were posted to the DGFI and 11 were deputed to RAB-1.
The tribunal served the copies of the arrest warrants to the respective military authorities for those still in service and asked the inspector general of police to report on the execution of the warrants on October 22.