War crimes trial rules framed

Suspects can be arrested, remanded during investigation, offences made cognisable, non-bailable
The International Crimes Tribunal, formed on March 25, has framed rules for the trial of crimes against humanity committed during the country’s war for independence in 1971 empowering the investigation officer to arrest any suspect on a warrant issued by the tribunal.
The tribunal, popularly known as war crimes tribunal, framed the International Crimes Tribunal Rules of Procedure 2010 on July 15 and disseminated the copy of the gazette notification at a briefing in its office on Sunday.
‘With the framing of the rules, the tribunal is now ready for the trial of the crimes against humanity,’ the registrar of the tribunal, Shahinul Islam, said at the briefing.
Rule 29 of the rules says, ‘The tribunal shall take cognisance of an offence against any accused upon examination of the formal charge.’
No formal charges, however, have been submitted yet although the law minister, Sahfique Ahmed, on April 25 after the first meeting of the government with the investigation agency and prosecutors appointed on March 25 for war crimes trial, told reporters the investigation agency would submit the first charge sheet against some war crimes suspects by May.
According to Rule 3(2), the government now needs to nominate any member of the investigation agency as the chief investigator.
The chief investigator or any investigation officer assigned by him must maintain a case diary for each case. The defence will have no right to examine or use it in the defence of the case, says Rule 8.
According to Rule 21, the offences described in Section 3(2) of the International Crimes (Tribunals) Act 1973 — crimes against humanity, crimes against peace and genocide — will be cognisable, non-compoundable and non-bailable.
Rule 9 says, ‘The investigation officer, through the prosecutor, may obtain an warrant of arrest from the tribunal for the arrest of a person at any stage of the investigation, if he can satisfy the tribunal that such arrest is necessary for effective and proper investigation.’
Rule 16 empowers the tribunal to remand any arrested person in the custody of the investigation officer, if the later applies for through the prosecutor, for not more than three days for interrogation.
Rule 10 empowers the investigation officer to search and seize any documents of things in presence of two witnesses.
Rule 14 asks the prosecution and the investigation agency to take necessary measures to ensure the confidentiality of any information, the protection of any witness and the preservation of all the evidence collected.
According to Rule 11, after the completion of investigation, the investigation officer will submit an investigation report together with all documents, papers and evidence collected during the investigation before the chief prosecutor.
On receipt of the investigation report, the chief prosecutor or any prosecutor assigned by him will prepare a formal charge in the form of a petition and submit it before the tribunal, says Rule 18.
Rule 41 empowers the tribunal to appoint one or more amici curiae (lawyers appointed as friends of court) to assist it in a particular case.
Rule 42 allows appearance any foreign counsel for either party subject to permission obtained from the Bangladesh Bar Council.
According to Rule 43, the tribunal will appoint counsel for any of the accused if they are not defended by any lawyer.
Rule 44 says, ‘The tribunal shall be at liberty to admit any evidence oral or documentary, print of electronic including books, reports and photographs published in newspapers, periodicals and magazines, films and tape recording and other materials as may be tendered before it and it may exclude any evidence which does not inspire any confidence in it, and admission or non-admission of evidence by the tribunal is final and cannot be challenged.’
The set of rules has been framed in English and the tribunal will soon publish a Bangla version of the rules, the registrar of the tribunal said.

Courtesy of NewAge