15 army officers, if detained, must be produced before tribunal: Chief prosecutor
The 15 army officers now in military custody under arrest warrants issued by the International Crimes Tribunal must be brought before the court for trial, chief prosecutor Mohammad Tajul Islam said on Sunday.
Speaking to journalists at a briefing on the tribunal premises this afternoon, Tajul Islam made the remarks in response to questions about the status of the officers, one day after the army headquarters confirmed that they had been taken into custody.
Although the military held a press conference on the matter, the chief prosecutor said that the tribunal had not yet been formally notified through any official or documentary process.
“Since no one has formally informed us in writing that they are being held, we are not taking into cognisance what has appeared in the media as official information,” Tajul Islam said. “Since we don’t know about it, I will not comment. But if it is confirmed that they are detained, then under the law they must be produced before the court. That is the legal requirement.”
On 8 October, the International Crimes Tribunal issued arrest warrants for 25 army officers in connection with three cases—two relating to enforced disappearances and torture during the previous Awami League government, and one concerning killings in the Rampura and Banasree areas of the capital during the July Uprising.
Military’s adjutant general, Major General Md Hakimuzzaman said on Saturday, 14 of the 15 serving officers named in the warrants, along with one on pre-retirement leave (LPR), were taken into custody.
The military, in its press briefing, further said it stood for justice and that due legal process would be followed against those in custody.
The media briefing was organised as there were country-wide discussions and demands regarding the arrests of the army officials.
When asked what the legal status of the 15 officers would now be, and whether they could be considered under arrest, the chief prosecutor replied, “The Constitution, the International Crimes Tribunal Act, and the Code of Criminal Procedure all clearly stipulate that whoever is arrested, from wherever, must be presented before the court within 24 hours—except for the time required for transportation to court. This is a mandatory provision of law.”
Elaborating the matter, he further said, “This is not only a requirement under the International Crimes Tribunal Act but also a constitutional principle. No one may be detained for more than 24 hours without being produced before a court. Only if the court authorises detention may a person be held beyond that period. Once a person is arrested, the authority to decide on detention or bail rests solely with the court.”
The army headquarters, during its Saturday press conference, had said that although it had not yet received the tribunal’s formal arrest warrants, it had already taken steps to place the officers concerned under custody.
Asked again whether the chief prosecutor’s office had been approached for clarification on the officers’ detention, Tajul Islam said, “No one has sought any explanation from us regarding the matter. If they do, we shall, of course, provide one.”