Detained army officers must be produced before court within 24 hrs: Chief Prosecutor

Chief Prosecutor of the International Crimes Tribunal Mohammad Tajul Islam has said that if the 15 army officers, reportedly in military custody in connection with the enforced disappearance case, have indeed been detained, they must be produced before a court within 24 hours as per the law. “That is the legal provision,” he said, adding that the court would then decide the next steps.

He made the remarks while speaking to journalists outside the tribunal on October 12.

Tajul Islam said the tribunal has not yet received any formal communication regarding the officers’ detention. “Once we are officially informed, we will determine the next course of action according to the law,” he added.

When asked whether military custody can be considered arrest or detention, the Chief Prosecutor replied that he could not comment on the matter until it is formally presented before the tribunal. “I cannot take into account what is being discussed in the media or outside court. Interpreting such matters does not fall under my jurisdiction. The legal process will proceed independently, and everyone must show respect for the rule of law,” he said.

Earlier, during the Awami League’s tenure, the International Crimes Tribunal issued arrest warrants against ousted Prime Minister Sheikh Hasina and 28 top officials from various forces over two cases of crimes against humanity related to the abduction, secret detention, and torture of opposition figures. The tribunal also accepted five formal charges and set 22 October as the date for their production before the court.

Following the warrants, the army announced at a press briefing held at the Officers’ Mess in Dhaka on Saturday that 15 of the accused officers had been taken into custody and were being kept separate from their families, while one remained at large. Adjutant General Major General Md Hakimuzzaman said the army had not yet received the arrest warrants from the tribunal, nor had they been contacted by the police.

A day later, on Sunday, Tajul Islam said, “According to the Constitution, the International Crimes (Tribunals) Act, 1973, and the Code of Criminal Procedure, no arrested person may be held for more than 24 hours without being produced before a court, unless the court grants special permission.”

He further explained that the International Crimes (Tribunals) Act, 1973 is a special law designed specifically to prosecute members of the army, navy, air force, intelligence agencies, police, and other disciplinary forces for crimes beyond the scope of ordinary Bangladeshi laws. “Such offences are not covered by any general, military, naval, or air force law. Only the International Crimes Tribunal has the authority to try these crimes,” he said.

Tajul Islam also noted that under Articles 47(3) and 47A of the Constitution, any law enacted for the prosecution of international crimes shall prevail even if it is inconsistent with other constitutional provisions. “The 1973 law is protected and supreme. No provision of it can be challenged in the Supreme Court or any other court, and even a writ petition in this regard is inadmissible,” he added.