The government is set to finalize a draft amendment to the International Crimes (Tribunal) Ordinance on Wednesday, and the proposed amendment includes provisions for the trial of political parties accused of crimes against humanity, according to Law, Justice, and Parliamentary Affairs Adviser Dr Asif Nazrul.
Under the amendment, if a political party is accused of such crimes and the court deems it necessary, the court will have the authority to recommend punitive measures to relevant authorities. However, these recommendations will not involve direct punishment by the court; they will be referred to the appropriate bodies for further action.
The draft amendment will be presented to the Advisory Council for approval on Wednesday. If accepted, it is expected to become law by Thursday, subject to procedural formalities.
Dr Nazrul disclosed this information at a press conference held at the Secretariat on Tuesday. The briefing, titled "100 Days of the Interim Government: A Report by the Ministry of Law," highlighted the Ministry's activities over the past three months.
During the conference, the adviser discussed legal reforms and acknowledged concerns raised by both domestic and international human rights organizations regarding discrepancies in the International Crimes (Tribunal) Act, 1973. Civil society had also voiced similar concerns over the years.
The reforms aim to make the tribunal’s trials more credible both domestically and internationally, while ensuring justice. Dr Nazrul said that extensive consultations were conducted to uphold fairness and justice in the proposed changes.
He noted that the amendment is intended to significantly enhance the importance, fairness, and acceptability of the trials, thus bolstering the credibility of the judicial process.
Responding to questions about the trial of political parties, Dr Nazrul said that the court could recommend punitive measures against political parties if deemed necessary. These recommendations would then be reviewed and acted upon by relevant authorities, such as the Ministry of Home Affairs and the Election Commission.
He further said that while the draft does not authorize the court to impose direct punishment, it empowers the court to suggest appropriate actions. The final decision on these provisions rests with the Advisory Council.
Addressing concerns about the scope of the amendment, Dr Nazrul confirmed that it specifically pertains to the trial of political parties accused of crimes against humanity. Additionally, he announced the appointment of 20 special prosecutors for explosive cases involving the Border Guard Bangladesh (BGB) and 11 new prosecutors for the International Crimes Tribunal.
Government to form committee on harassment in uprising cases
The interim government plans to establish district-level committees to prevent and address harassment cases related to the student uprising. The committees, comprising the Deputy Commissioner (DC), Superintendent of Police (SP), and district legal aid officers, will verify cases before filing a Preliminary Information Report (FIR).
Dr Nazrul acknowledged an increase in harassment cases stemming from political rivalries, extortion, and arbitrary accusations during the uprising. He expressed the Ministry’s discomfort over the issue and emphasized the need for measures to prevent wrongful implications.
However, concerns have been raised about potential abuse of power, with critics arguing that such committees might enable arbitrary actions by the police. Dr Nazrul said that the plan is preliminary and will involve consultations with legal experts and input from the Judicial Reforms Commission.
The adviser also addressed the issue of false and extortion-driven cases, warning that individuals filing such cases may face legal consequences. "If I remain in this ministry, I will find a way to punish those who file harassment cases," he said.
On Monday, Shafiqul Alam, the press secretary to the Chief Adviser, confirmed that names of individuals without evidence against them would be promptly removed from cases. The police have been instructed to ensure no government official or employee is arrested without proper evidence. On September 13, the police headquarters issued a directive to withdraw the names of those found uninvolved during initial investigations.
Withdrawal of cases and new legal frameworks
During the briefing, Dr Nazrul announced that nearly all criminal cases filed during the student and public movements from July 1 to August 5 have been withdrawn. He also mentioned that the new Cyber Protection Ordinance, 2024, which will replace the Cyber Security Act, 2023, is nearing completion. While cases related to speech offenses under the old Act will be dropped, those involving hacking will proceed.
Additionally, Dr Nazrul highlighted several judicial appointments, including five new judges to the Appellate Division, 23 to the High Court, 109 to lower courts, and 4,300 law officers across 61 districts to expedite politically motivated case resolution. He also pledged action against individuals engaged in "case trading."
The draft law for judicial appointments to the High Court and Appellate Divisions is in its final stages. Asset declarations from judges and Law Ministry officials are currently under verification.
Dr Nazrul also confirmed that Bangladesh, as a member of Interpol, can issue red alerts for criminals abroad. Addressing political concerns, he accused Sheikh Hasina of fleeing the country and abandoning her party. He said the government is closely monitoring political movements and will take necessary action if required.
