Police to arrest, accused to be produced before court within 24 hrs of arrest: Tajul

Chief prosecutor of the International Crimes Tribunal, Mohammad Tajul Islam, stated that it is not for them to decide which place should be declared a prison.

He also said that the accused must be produced before the court within 24 hours of arrest. Thereafter, if the court sends them to jail, the government will decide at which jail the accused will be kept.

Tajul Islam said this in response to journalists’ questions at a briefing in the International Crimes Tribunal premises, this afternoon, Monday.

A building at the Dhaka Cantonment has been temporarily declared a prison, and the Ministry of Home Affairs issued a notification in this regard yesterday, Sunday.

Journalists had sought clarification from the chief prosecutor on the matter.

At that time, chief prosecutor Tajul Islam said, “As of now, I do not know whether any area has actually been declared a sub-jail. I have no document in my possession, as you are claiming. If the government declares a specific place as a sub-jail, it has the authority to do so. Which place they designate as a jail and bring under the prison authority falls under the Ministry of Home Affairs. Therefore, this is not a matter of concern for us.”

Tajul Islam further said that there is no provision to send someone directly to jail.

“The law requires that the accused be arrested and brought to court. After appearing in court, if the court issues a subsequent order to send them to a prison, then ‘prison’ could mean a central jail, the National Parliament building, the MP hostel, or any other place the government declares as a prison. But that place will be considered as a prison or jail,” he said.

The chief prosecutor noted that it is not the concern of the tribunal’s prosecution or the investigating agencies which place is declared a prison.

“Our concern is to act according to the law. If an accused is arrested, they must be brought to court within 24 hours. That is the gist. This is provided for in the constitution, in the ICT Act, and in the CRPC (Criminal Procedure Code),” he stated.

The army does not have the authority to arrest, Tajul Islam said in the briefing, referring to police as the law enforcement agencies.

Twenty-five former and current army officers have been accused in two cases over crimes against humanity, involving enforced disappearances and torture during the previous Awami League government’s tenure, and in another case over killings in the Rampura and Banasree areas during the July mass uprising. Of them, 15 have been taken into army custody.

Regarding the arrest of those army officers, the chief prosecutor said that various offices within the army have been informed about the order (arrest warrant). However, they will not make the arrests themselves. Their being informed means that when the police move to execute the warrant, the army will assist them if needed. Therefore, the power to arrest lies solely with the law enforcement agencies, not with anyone else.

When asked what then was meant by being in custody, Tajul Islam said that once someone is formally shown arrested or taken into custody, they must be produced before the court within 24 hours.