In a bid to try Jamaat-e-Islami, the draft for amending the International Crimes Tribunal Act, keeping a provision to bring organisations involved with crimes against humanity, would be tabled at the cabinet on November 3, said Law Minister Anisul Haq.
He said: “The ministry had already prepared the draft of the amendment, keeping the provision of trying Jamaat-e-Islami and it will be placed before the cabinet during its regular meeting on November 3.”
The minister further said there was no option but to amend the ICT Act to try Jamaat-e-Islami as an organisation involved in war crimes.
In the draft, the ministry proposed inserting the word “organisation” in section 20(2) of the ICT act so that organisations could also be tried along with individuals for war crime charges.
It would also keep the provision for the tribunal to take the offence in cognisance if an organisation was found guilty. The provision for allowing bail for the accused would be included in the law.
The minister made the statement while talking to journalists on Sunday afternoon, immediately after a faction of Gonojagoron Moncho led by Imran H Sarker, handed a three-point memorandum to the ministry.
In the memo, the Moncho faction urged the ministry to take quick steps to allow the state to file a review petition against the appeal verdict of war criminal Delawar Hossain Sayedee, amend the constitution to disqualify the war criminals from seeking Presidential clemency and amending the ICT act to try Jamaat-e-Islami.
Regarding the issue of allowing the war criminals to seek the clemency, the minister said: “To me, it is disappointing to allow the convicted war criminals to seek presidential mercy. The proposal of amending the constitution in a bid to disqualify the war criminals to seek presidential clemency would soon be placed before the policy-makers.”
“The decision on whether the process of appealing for mercy will be stopped either by amending the law or the constitution, will be taken later.”
Mentioning that the government is still unaware about the details of the Sayedee appeal verdict, the minister said: “We are yet to get the copy of the verdict. No decision can be taken over the issue before getting the full text of the verdict.”
The investigation agency of crimes against humanity finalised its report on Jamaat last March, however it could not submit the report to the tribunal as there was no provision of trying an organisation in the act.
On May 29, the law minister informed the media of the loopholes in the act, saying the government would have to amend the law if it wanted to try Jamaat.
The initiative of trying Jamaat has since been stuck in that stage. Later, the Law Ministry was instructed to prepare a draft of the amendment.