ICT law set to be changed to try perpetrators of July movement killings

The International Crimes (Tribunals) Act, 1973 is expected to be amended soon, with the inclusion of three new sections and two subsections in the proposed draft, to try the killings that took place during the Anti-Discrimination Student Movement in July.

The new development was revealed during a view-exchange meeting held at the Judicial Administration Training Institute (JATI) in the capital today (23 September).

Lawyers, human rights activists, and representatives of various social organisations have strongly advocated for the amendment to permanently ban any political party or organisation found guilty of genocide and crimes against humanity during the movement.

They also demanded that not only the parties but also the leaders and activists of these parties, who were involved in the mass killings, be identified and brought to justice.

According to the Ministry of Law, Justice and Parliamentary Affairs, the proposed draft amendment to have three new sections 4(a), 13(a), 20(a) and two new subsections, 3(3) and 12(2). Apart from these, a proposal was made to bring amendment to sections 3(2) (a), 4(2) and 19.

This is an initial draft and further opinions from experts and stakeholders will be considered before finalising the amendments.

The draft will also be published on the ministry's website for public feedback.

The sections include provisions for a 10-year ban on political parties and organisations found guilty of genocide and crimes against humanity, holding individuals in leadership positions of any organisation accountable if they fail to take appropriate action, allowing accused persons to hire foreign lawyers, live streaming and recording of trial proceedings, and allowing domestic and foreign observers to monitor court proceedings with the permission of the tribunal.

Presided over by Law, Justice and Parliamentary Affairs Adviser Asif Nazrul, the meeting was attended by Local Government, Rural Development (LGRD) and Cooperatives Adviser AF Hassan Ariff, Industries, Housing & Public Works Adviser Adilur Rahman Khan, Attorney General Md Asaduzzaman, Law and Justice Division Secretary Md Golam Rabbani, Legislative and Parliamentary Affairs Division secretary (current charge) Dr Hafiz Ahmed Chowdhury, electoral system reform commission chairman Dr Badiul Alam Majumdar, senior jurist ZI Khan Panna, former district judge Iktedar Ahmed, Barrister Sara Hossain, ICT Chief Prosecutor Advocate Tajul Islam and Barrister Jyotirmoy Barua were present at the meeting, among others.

Emphasising on establishing justice, Adviser Asif Nazrul said the present government does not want any revenge or vengeance, adding, "The amended act should be acceptable to all. Many injustices have taken place in the past. Judges will be appointed at the tribunal soon."

ICT Chief Prosecutor Advocate Tajul Islam said his goal is to ensure justice and he sought help from all in this regard.

The International Crimes (Tribunals) Act, 1973 was enacted to detain, prosecute and punish persons responsible for committing genocide, crimes against humanity, war crimes and other crimes allegedly committed during the War of Liberation.