The government has declared a building in Dhaka Cantonment a makeshift prison.
The home ministry issued a gazette notification in this regard on Sunday, a day after the Bangladesh Army disclosed that it took 14 serving army officials and another on post-retirement leave -- who face charges聽 of enforced disappearance and July murders at the International Crimes Tribunal -- into custody.
ICT chief prosecutor Muhammad Tajul Islam on Monday told journalists that there was no legal provision allowing anyone to be sent directly to jail without being produced before a court.
According to the home ministry notification, 鈥楳ES Building No 54,鈥� north of Basher Road in Dhaka Cantonment, has been declared a temporary prison.鈥�
It said, 鈥楾he order has been issued with the approval of the authority concerned and will take immediate effect.鈥�
On Saturday, Bangladesh Army adjutant general Major General Md Hakimuzzaman at a press conference at the Army Headquarters in Dhaka said that they had asked all the 15 accused army officials to get attached to the Dhaka Cantonment hours after formal charges were filed against them with the ICT on October 8.
Fourteen of the 15 serving officers responded to the order by the deadline on Thursday, while another officer is now on his post-retirement leave, said Hakimuzzaman.
ICT chief prosecutor Tajul Islam on Monday in his reaction over the makeshift jail told journalists at the ICT compound that only law enforcement officers 鈥� meaning the police 鈥� have the authority to make arrests.
Tajul said that the arrest warrants issued by the International Crimes Tribunal-1 recently for 28 individuals, including 16 serving army officers, in a crimes against humanity case were forwarded to the army authorities for information so that the police could seek their assistance in executing the warrants.
鈥榃e are not concerned about which jail an accused is kept in. Our duty is to ensure that the law is followed 鈥� the arrested person must be brought before the court first, and the court will then decide where to send them,鈥� Tajul said.
He further stated that if the police arrested anyone under an ICT warrant, the accused must be produced before the tribunal within 24 hours.
The tribunal will then decide whether to release them or send them to jail, wherever that jail may be located.
He said the government has the authority to declare any place a sub-jail under the Prisons Act.
鈥楴o one is above the law. It doesn鈥檛 matter what uniform or dress a person wears 鈥� everyone must be brought before the court after arrest,鈥� the prosecutor added.
On October 8, the ICT prosecution 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, from the rank of lieutenant colonel to major general for their alleged roles in enforced disappearances and torture in custody under their command.