Cabinet okays Int’l Crimes Tribunal Bill ‘09

The cabinet has approved the International Crimes Tribunal (Amendment) Bill 2009 aiming to try those involved in acts against humanity during the 1971 liberation war.
The approval was given on Monday at the weekly meeting of the cabinet chaired by prime minister Sheikh Hasina.
Earlier, the Law Commission recommended five changes in the International Crimes (Tribunals) Act 1973, barring military officials from becoming judges of the tribunals for war crimes.
Hasina said anti-liberation forces including razakars and members of Al-badr, Al-sams, should be brought under trial, meeting sources said.
PM’s press secretary Abul Kalam, while briefing reporters, said International Crimes Tribunal Act 1973 has been updated after a thorough scrutiny.
‘The amended act has been approved to bring those involved in acts against humanity during the 1971 liberation war to justice,’ he said. Offences under the act include murder, arson and rape.
The Law Commission sent its recommendations on amendments to the act to the law ministry on July 22.
The section 6(2) of the 1973 act says, ‘Any person who is or is qualified to be a judge of the Supreme Court of Bangladesh or has been a judge of any High Court or Supreme Court which at any time was in existence in the territory of Bangladesh or who is qualified to be a member of General Court Martial under any service law of Bangladesh may be appointed as a Chairman or member of a Tribunal.’
According to the commission’s recommendation, a person who is qualified to be a member of General Court Martial under any service law of Bangladesh will not be eligible to be a judge of the tribunal.
According to Section 6 of the act, the government may set up one or more tribunals, each consisting of a chairman and not less than two and not more than four other members.
The commission recommended a provision for setting up a comprehensive tribunal in the capital and one or more tribunals in the capital or other cities under the comprehensive tribunal.
In that case, the comprehensive tribunal can have control and supervision over other tribunals.
According to Section 21, a convict of any crime under the act has the right to appeal against the conviction directly with the Appellate Division of the Supreme Court in 60 days after the judgement.
The existing act, however, says nothing about any appeal by the state against any acquittal of anyone accused of the charges.
The commission recommended provisions empowering the state to appeal against any such acquittal.
Section 24 stipulates that no order, judgement or sentence of a tribunal will be called into question in any manner whatsoever in or before any court or other authority in any legal proceedings excepting an appeal against the final verdict of the tribunal.
The commission recommended provisions to allow an accused to appeal against any order of a tribunal with the Appellate Division, but the proceedings of the tribunal in the case could be stayed by the Appellate Division.
The commission also recommended suing individuals, but not institutions, for their alleged crimes.
According to Section 4 of the act, if any crime is committed by several persons, each of such people is liable for that crime in the same manner as if it was done by the person alone.
More than three months after the parliament had adopted a resolution for expeditious trial of the 1971 war criminals, the law ministry referred the act to the Law Commission in May asking for recommendations for necessary changes to update the law.
Azad said the meeting also approved ‘India-offered Duty-Free Tariff Preference (DFTP)’, ‘The National Information Communication Technology (ICT) Policy 2009’ and ‘The Fish Feed and Fodder Act 2009’.
The cabinet also approved a proposal for signing the Letter of Intent (LOI) under the India-offered Duty-Free Tariff Preference (DFTP).
Under the scheme, Bangladesh would have no obligation to give India any facility against enjoying the facilities under the Duty-Free Tariff Preference for market access.
“So, if Bangladesh signs in the LOI with India, it will be beneficial for the country,” said the press secretary to the Prime Minister.
The ICT policy has been approved with amendments aimed at expediting the implementation of government’s plans to turn Bangladesh into a digital and modern country by 2021.
After the cabinet meeting, law minister Shafique Ahmed told reporters at his office that cabinet approved the International Crimes (Tribunals) Act 2009 for the trial of war crimes to ensure ‘fair and neutral’ trials.
He said the amended bill will be placed in parliament within one or two days.

Courtesy of NewAgebd