‘No one can be held for over 24hrs without being produced before a court’

Chief Prosecutor of the International Crimes Tribunal (ICT) Tajul Islam has said that if the 15 army officers reportedly held in military custody have indeed been detained, they must be presented before the court within 24 hours in accordance with the law.

"The Constitution, the International Crimes (Tribunals) Act 1973, and the criminal procedure code are clear -- no one can be detained for more than 24 hours without being produced before a court," Tajul told reporters today. "Detention beyond that time is permissible only with a court order."

He said the 1973 Act was enacted as a special law to prosecute offences such as genocide, war crimes, and crimes against humanity -- crimes that do not fall under the Army, Navy, or Air Force Acts.

"This law was designed to try individuals from the armed forces, intelligence agencies, disciplined forces, and police if they are accused of such crimes," he said.

Citing Articles 47(3) and 47A of the Constitution, the ICT chief prosecutor noted that the Act enjoys constitutional protection and supremacy over other laws.

"No one can challenge the provisions of this Act in any court, including the Supreme Court. Even writ petitions challenging it are not maintainable," he said.

Asked whether army custody constitutes arrest or detention, Tajul said he could not comment unless the matter is formally brought before the Tribunal.

"What happens outside the courtroom is not within my authority to explain," he said.

"The process will continue as per the law. No one is above the law, and no institution can bypass the legal provisions of this Tribunal," he added.

Meanwhile, the tribunal has begun hearing final arguments in the crimes against humanity case against deposed prime minister Sheikh Hasina, former home minister Asaduzzaman Khan Kamal, and ex-inspector general of police Chowdhury Abdullah Al Mamun over alleged atrocities during the July 2024 uprising.