Provision to take actions against political parties dropped

The advisory council of the interim government has dropped the provision from the draft of the 'International Crimes (Tribunal) Amendment Ordinance 2024' that suggested punitive measures against organisations or political parties.

However, the council has approved the draft ordinance with other amendments.

The draft ordinance was approved at a meeting of the advisory council with chief advisor Muhammad Yunus in the chair at the secretariat on Wednesday.

This was also the first time that Yunus attended a meeting at the secretariat.

Following the meeting, during a press conference at the Foreign Service Academy in the capital, interim government’s law adviser professor Asif Nazrul disclosed this.

Local government adviser Asif Mahmud Shojib Bhuyain, adviser Md Mahfuz Alam, and the chief adviser's press secretary Shafiqul Alam were also present at the briefing.

Earlier, on Tuesday, advisor Asif Nazrul had said at the secretariat regarding the draft amendment ordinance for the International Crimes (Tribunal), that if charges of crimes against humanity are proven against any political party, the court could recommend appropriate punitive action.

However, the draft ordinance did not give the tribunal direct power to take such actions. Instead, it stated that the court could recommend such measures to the relevant authorities if it deemed necessary.

During today’s press conference, the law adviser said that the draft of the 'International Crimes (Tribunal) Amendment Ordinance 2024' had been presented to and approved by the advisory council.

He made clear that the significant issue raised by the advisory council was the provision in the draft ordinance for punishing organizations. The proposed amendment allowed tribunals to recommend punishment for any organisation they deemed necessary.

"The advisory council discussed the matter today and decided that we do not want to associate this trial with other matters. If the law raises the question of banning a political party or an organisation, it could unnecessarily create doubts about the law’s purpose. We do not want to provide an opportunity for such doubts. We want the trial to be conducted transparently. Therefore, this provision has been removed," said Asif Nazrul.

He further explained that the advisory council felt that if the need arose to ban a political party or organization due to criminal activities, there are other existing laws in the country, such as the Anti-Terrorism Act, the Electoral Act, and the Political Parties Ordinance of 1978, which already have provisions for banning organisations.

He added that such actions would be considered under other laws, should there be political consensus, and this would be evaluated later.

Earlier in the afternoon, the cabinet division announced that the draft amendment included provisions for updating the definition of international crimes, determining criminal responsibility, allowing audio and video recording of court proceedings, the presence of foreign counsel, the rights of the accused during trial, interim appeals, admissibility and relevance of evidence, search and seizure powers of investigating officers, witness protection, and the participation and protection of victims.

The International Crimes (Tribunal) Act was originally enacted in 1973 to prosecute individuals accused of genocide, crimes against humanity, war crimes, and other international crimes. The trial process for killings during the student uprising is already underway at the International Crimes Tribunal.