Law, Justice and Parliamentary Affairs Adviser Dr Asif Nazrul on Wednesday said the government has approved the draft of 'International Crimes (Tribunals) (Amendment) Ordinance, 2024' to hold fair trial.
"The government has amended the International Crimes (Tribunals) Act, 1973 as various quarters raised voice over different errors of the act while holding trial under the act during the regime of ousted fascist government," he told a press briefing at Foreign Service Academy on Wednesday following the Advisory Council meeting.
The council of advisers at its meeting on Wednesday approved in principle the draft of 'International Crimes (Tribunals) (Amendment) Ordinance, 2024'.
Dr Asif Nazrul said local and international human rights bodies presented various errors of the act. "As we want to hold fair trial following due process, the government took the initiative to amend the law," he said.
Before amending the act, the law adviser said, opinions were taken from various sections of people while opinions from 50-60 people including human rights defenders and journalists were accepted.
The law adviser said opinions were taken from local and international jurists and the United Nations before amending the law.
"The draft of 'International Crimes (Tribunals) (Amendment) Ordinance, 2024' were presented at the meeting of the council of advisers today and the council approved it," he added.
About the amendment of the ordinance, Dr Asif Nazrul said there was provision in the International Crimes (Tribunals) Act to punish any organisation but the provision was cancelled in the amended ordinance.
But the crime tribunal can recommend to punishing any organisation, he added.
"We do not want to relate the trial to other issues. If any question arises to ban any political party or organisation, there will be a scope unnecessarily to make the trial questionable.
We do not want to give the scope. We want to hold the trial in different way - fair way. So the provision was cancelled," he said.
The adviser said if the demand arises to ban any political party or organisation due to its offences, there are provisions in other existing acts, including anti-terrorism act, to ban the entities.
He said the terms of "crimes against humanity" and "genocide" have been defined in the ordinance following the 'Rome Statute of the International Criminal Court' and maintaining international standard.
In the ordinance, he said, the defendants have given the equal rights, while they can bring necessary witnesses and raise question over the acceptance of any witness during the trial.
Dr Asif Nazrul said there are provisions of protection of witnesses and providing compensation to victims. If the tribunal wants, its trial proceedings can be recoded, he added.
The law adviser said security forces, inelegancy agencies and auxiliary forces will be brought under the trial as per the ordinance.
There are also provisions of appointment of foreign lawyers and observers in the amended ordinance, Asif Nazrul added.
Advisers Asif Mahmud Shojib Bhuyain and Mahfuj Alam and Chief Adviser's Press Secretary Shafiqul Alam were also present at the press briefing. —BSS
