International Crimes Tribunal chief prosecutor Muhammad Tajul Islam stated on Monday that there is no legal provision allowing an individual to be sent directly to jail without first being presented before a court.
Speaking to journalists at the ICT compound, Tajul clarified that only law enforcement agencies, specifically the police, hold the authority to make arrests.
His remarks followed the government鈥檚 recent decision to designate a building within Dhaka Cantonment as a temporary jail.
Tajul explained that arrest warrants recently issued by ICT-1 against 28 individuals, including 16 serving army officers in a crimes against humanity case, were sent to the army authorities for their information. This was done to facilitate the police in executing the warrants.
鈥榃e are not concerned about which jail the accused is kept in,鈥� Tajul said.
鈥極ur responsibility is to ensure that the law is followed 鈥� the arrested person must be brought before the court first, and it is the court鈥檚 responsibility to determine where they should be sent,鈥� he added.
Tajul further emphasised that if the police arrest anyone under an ICT warrant, the individual must be produced before the tribunal within 24 hours. The tribunal will then decide whether to grant bail or send the person to jail, regardless of the location.
He also pointed out that the government has the authority to designate any place as a sub-jail under the Prisons Act.
鈥楴o one is above the law. It doesn鈥檛 matter what uniform or attire a person wears 鈥� everyone must be brought before the court after an arrest,鈥� Tajul said.