The 15 army officers held in military custody, following arrest warrants issued in cases of crimes against humanity, must be produced before court within 24 hours as per the law, says the tribunal prosecution chief.
"The Constitution, the International Crimes (Tribunals) Act 1973, and the Code of Criminal Procedure are clear: no one can be detained for more than 24 hours without being produced before a court," Chief Prosecutor of the International Crimes Tribunal (ICT) in Dhaka Muhammad Tajul Islam told reporters Sunday at a briefing on the tribunal premises.
Detention beyond that time is permissible only on a court order, he added.
"A person can only be detained if the court grants the authority to do so. Whoever the detainee may be, they must be produced before the court in accordance with the law.
It is then up to the court to decide whether to order their detention or grant them bail," the Chief Prosecutor explains, adding that the authority to make that decision lies solely with the court.
Following the submission on three formal charges, the International Crimes Tribunal-1 (ICT-1) on October 8 issued arrest warrants against deposed Prime Minister Sheikh Hasina and 31 others, including 25 army officers, both retired and serving.
Later in a briefing on Saturday, the Bangladesh Army authority said 15 officers were taken into custody after they had been formally charged in three cases at the ICT over enforced disappearances during the Awami League rule, and killings during the July-August 2024 mass uprising.
Of the 15, one is currently on leave preparatory to retirement (LPR).
Among the serving officers facing arrest warrants, one remains missing.
Speaking to the press, Major-General Md Hakimuzzaman, adjutant-general of the army, said the military administration issued an attachment order on October 8 instructing the serving and the one on LPR to report to a designated facility at Dhaka Cantonment by October 9.
General Hakimuzzaman said the army law does not apply to the nine retired or suspended officers the same way it does to those in service. "If the police act upon the warrants, they may arrest those individuals directly."
The ICT-1 is now holding final arguments in the crimes-against-humanity case filed against toppled Prime Minister Sheikh Hasina, former Home Minister Asaduzzaman Khan Kamal and former Inspector-General of Police Chowdhury Abdullah Al Mamun.
Meanwhile, the Chief Prosecutor office reported a cyberattack on its official Facebook page on Sunday during live broadcasting of the final arguments in the case against Sheikh Hasina and two others.
Chief Prosecutor Tajul said his office was temporarily disabled by the attack but has since been recovered.
"The hackers do not want the public to know how transparent the trial process is," the CP added.
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