The Law Ministry has taken an initiative to amend the necessary provisions for barring war criminals from seeking presidential clemency.
Although it was not yet decided on how the bar would be introduced, Law Minister Anisul Haq yesterday said it might be imposed by amending the provision of the constitution or the ICT act.
The minister made the comments to reporters at his office after a faction of Gonojagoron Moncho, led by Imran H Sarker, handed a three-point memorandum to the ministry.
In the memorandum, the Moncho 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 war criminals from seeking presidential clemency, and amend the ICT act to try Jamaat-e-Islami.
Regarding the issue of clemency, the minister said: “According to the existing provision, the convicted war criminals may seek presidential mercy. To me or the people of Bangladesh, it would be disappointing if any president granted mercy to the convicted war criminals.”
Pointing out that Jamaat leaders Motiur Rahman Nizami and Ali Ahsan Mohammad Mujahid had secured cabinet seats in the past, the minister cautioned that they could also take the scope of presidential mercy in the future. Such clemency would destroy the target of starting the war crime trials, he added.
“Keeping this in mind, we are thinking to impose bar on seeking clemency for the war criminals by amending the provisions. But we are yet to decide whether the provision of the constitution or the ICT act will be amended. It can be prohibited by amending the provision of both. A proposal for amending the provision to disqualify war criminals from seeking presidential clemency will soon be placed before the policymakers.
“In a bid to try Jamaat, the draft for amending the International Crimes Tribunal Act - with provision to try organisations involved with crimes against humanity - will be tabled at the cabinet on November 3. We have already sent the draft to the Cabinet Division,” Anisul added.
The minister further said there was no option but to amend the ICT act to try Jamaat 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 on war crime charges.
It would also keep the provision for the tribunal to take the offence into cognisance if an organisation was found guilty. The provision for allowing bail for the accused would be included in the law.
The investigation agency on crimes against humanity finalised its report on Jamaat last March, but could not submit it to the tribunal as there was no provision of trying an organisation under the existing 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.
Claiming that the government was still unaware about the detailed verdict of the Sayedee appeal, the minister said: “We are yet to get the copy of the verdict. No decision can be taken on the issue before getting the full text of the verdict.”
