ICT investigation agency granted power to arrest suspects

The International Crimes Tribunal has granted its investigation agency the authority to arrest the accused and suspects in cases related to crimes against humanity and war crimes.

The ICT-1 published its amended rules of procedure in a gazette last night, also allowing the investigation agency to carry out necessary operations.

Besides, the prosecutors will be able to execute any arrest warrant issued by the tribunal. The suspect has to be produced before the tribunal or any magistrate within 24 hours of the arrest.

"If the investigation officer has reason to believe that any offence has been committed, he/she shall proceed in person to the spot, investigate the facts and circumstances of the case and may arrest the accused(s)/suspected persons and make necessary discovery. The investigation officer may also seek assistance from the law enforcement agency in causing arrest, discovery and seizure," reads amended rule 6.

"The law enforcement agency or the investigation officer or the prosecutor performing the investigation under section 8(2) of the act shall execute the warrant of arrest issued by the tribunal," according to amended rules.

Section 8(2) reads, "Any person appointed as a Prosecutor is competent to act as an Investigation Officer and the provisions relating to investigation shall apply to such Prosecutor."

Additionally, if deemed necessary, investigation officers may obtain arrest warrants through the prosecution at any stage of an investigation or trial. Such warrants will be executed by the investigating officer, a law enforcement agency, or the prosecutor, as per section 8(2) of the act.

The gazette on International Crimes Tribunal-1 Rules of Procedure, 2010 (amendment, 2025) came weeks after the government included a provision in the ICT Act to hold the trial of political parties or any entity subordinate to, or affiliated to, or associated with such a party, or any group of individuals which, in the opinion of the tribunal, propagates, supports, endorses, facilitates, or engages in the activities of such a party or entity.

On May 10, the interim government amended the act amid protests by several political parties, including the National Citizen Party, to ban the activities of the Awami League and its trial in the tribunal on charges of atrocities committed in July last year.

The gazette further defines an "accused" as any person or organisation identified under section 2(bbb) of the act, against whom an investigation has commenced.

Section 2(bbb) defines organisations as "any political party, or any entity subordinate to, or affiliated to, or associated with such a party. or any group of individuals which, in the opinion of the Tribunal, propagates, supports, endorses, facilitates, or engages in the activities of such a party or entity."

In his reaction, co-coordinator of the ICT investigation agency, Muhammed Shahidullah Chowdhury said the agency's work would be easier now because they would no longer have to depend on law enforcement agencies to arrest a suspect or accused.