International Crimes Tribunal (ICT) Chief Prosecutor Mohammad Tajul Islam on Monday clarified that the placement of accused individuals falls strictly under the court’s jurisdiction, not the prosecution’s.
Speaking at a press briefing at the tribunal premises, he addressed questions regarding the government’s recent decision to designate a building inside Dhaka Cantonment—MES Building No 54—as a temporary prison.
The Home Ministry issued a gazette notification on Sunday, declaring the facility a sub-jail with immediate effect.
“The government has the authority to declare any location a sub-jail. This is entirely under the Ministry of Home Affairs,” Tajul Islam said.
“Our role is to ensure that legal procedures are followed. Where the accused are kept is determined by the court.”
He emphasized that, under the law, no individual can be sent directly to prison upon arrest.
“The accused must first be produced before the court. Only then can the court issue directives regarding detention—whether in a central jail, the Parliament complex, MPs’ hostel, or any other government-declared facility,” he explained.
Tajul Islam reiterated that the prosecution and investigation agencies have no role in selecting detention sites.
“Once arrested, an individual must be presented before the court within 24 hours, as mandated by the Constitution, the ICT Act, and the Code of Criminal Procedure,” he added.
The clarification comes amid heightened attention following the ICT-1’s issuance of arrest warrants against 30 individuals—including 25 current and former army officers—in two cases related to alleged enforced disappearances and torture during the tenure of the Awami League government.
The tribunal, chaired by Justice Md Golam Mortuza Mozumder, has ordered that the accused be produced before the court on October 22.
Among those named, nine are retired officers, one is on Leave Pending Retirement (LPR), and 15 are currently serving in the Bangladesh Army.
At a recent briefing, the army’s Adjutant General, Major General Md Hakimuzzaman, confirmed that 15 officers had already been taken into custody.
