15 army officers in military custody must be produced before tribunal within 24hrs: ICT chief prosecutor
'As we have not been formally notified, I will not comment on it. However, if we are officially told that they are being detained, the law requires that they must be produced before the court', he says
Chief Prosecutor of the International Crimes Tribunal (ICT) Tajul Islam has said that the 15 army officers currently in the custody of the Bangladesh Army must be produced before the tribunal within 24 hours, as required by law, following the issuance of arrest warrants in connection with enforced disappearance, torture and murder.
"The Constitution, the International Crimes Tribunal Act, and the Code of Criminal Procedure all state that anyone who is arrested must be presented before a court within 24 hours, excluding the time required for transport. That is what the law mandates," he said.
While speaking to journalists today (12 October) during a recess in the hearing of a crimes against humanity case against ousted prime minister Sheikh Hasina and two others, Tajul said, although the army headquarters held a press briefing on the matter, the tribunal has not yet been formally informed.
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"Since no one has informed us in an official documentary way that they have been detained, we are not taking media reports into account," he said.
When asked about the legal status of the 15 officers now in army custody - whether they are considered arrested - Tajul Islam said, "As we have not been formally notified, I will not comment on it. However, if we are officially told that they are being detained, the law requires that they must be produced before the court. That is the legal provision."
He, however, confirmed that the authorities to whom the warrants were sent have received them.
Explaining the tribunal's jurisdiction, Tajul said the International Crimes Tribunal Act, 1973 is a special law that also applies to personnel of the army, navy, air force, intelligence agencies and all other forces in Bangladesh.
He added that the crimes being tried under this act are not defined in ordinary Bangladeshi laws or even in the army, navy or air force acts, before noting that only the ICT has the legal authority to try such offences.
Tajul continued, "The law governing this tribunal is protected by the constitution of Bangladesh. Articles 47(3) and 47A of our constitution clearly state that any laws enacted to prosecute international crimes, such as crimes against humanity, war crimes or genocide, will take precedence even if they are inconsistent with the constitution.
"In other words, the constitution itself grants the 1973 International Crimes Tribunal Act a status stronger than the constitution. The constitution has given this law its protection."
The Bangladesh Army headquarters yesterday said that 15 army officers, facing arrest warrants issued in separate cases over enforced disappearances and torture committed during the Awami League's rule, had been taken into military custody.
Major General Md Hakimuzzaman, adjutant general of the Bangladesh Army, told the media, "A total of 15 accused officers are now in army custody, while one officer remains unaccounted for. He left his residence one morning and has not returned since. Efforts are underway to trace his whereabouts."
He identified that officer as Major General Kabir Ahmed.
"On 8 October, we learned that arrest warrants had been issued against 25 former and current army officers. However, we have not yet received any official copy of the warrants; none have been handed over to us so far."
"Among the 25 officers, some are retired while others are still in service. Nine have retired, one is on leave preparatory to retirement [LPR], and 15 are currently serving."
