ICT Act being amended with provision to ban political parties

A draft amendment to the International Crimes (Tribunal) Act has been prepared with a provision to ban political parties, along with several other issues.

According to the draft, if a party or organisation is found guilty of crimes against humanity such as murder, enforced disappearances, or torture, the registration of that party or organisation can be suspended or canceled.

The interim government is currently reviewing these proposed amendments further.

However, some lawyers have raised questions about the proposal to ban political parties.

They pointed out that there is already a separate law that allows the banning of political parties.

They also think introducing this provision in the International Crimes (Tribunal) Act could lead to controversy.

On 5 August, the Awami League government fell amid the student-people's uprising. According to the government, 874 people died during the movement.

Allegations of genocide were raised against the ousted leadership of the Awami League. The current interim government has taken steps to prosecute those accused of genocide and enforced disappearances that occurred during the Awami League regime at the International Crimes Tribunal.

Preliminary proceedings have begun under the International Crimes (Tribunal) Act of 1973, and steps are also being taken to amend the law.

Government sources said that the final version of the proposed amendments will be issued as an ordinance within a short time as there is currently no parliament. The proposed ordinance will be called the International Crimes (Tribunal) (Amendment) Ordinance, 2024.

The International Crimes (Tribunal) Act, 1973 was enacted to prosecute individuals involved in crimes against humanity during the 1971 liberation war.

Under this law, the top leaders of Jamaat-e-Islami were prosecuted for war crimes and crimes against humanity related to the 1971 war.

A draft amendment was previously prepared during the Awami League government's tenure, which included a provision to ban political parties found guilty of such crimes. However, that amendment was not finalised at the time.

In the final years of the Awami League's rule, the party banned Bangladesh Jamaat-e-Islami and its student wing, Islami Chhatra Shibir, under the Anti-Terrorism Act. The interim government later lifted those bans.

Now, under the interim government, the Awami League leadership is being prosecuted in the International Crimes Tribunal.

One of the major amendments to the International Crimes (Tribunal) Act is to include a provision to ban political parties.

The draft proposal said that if any organisation commits, assists, or incites crimes against humanity, such as murder, enforced disappearances, or torture, the registration of the organization can be suspended or canceled for a specific period.

However, the exact duration of suspension or cancellation has not been mentioned in the draft. The tribunal can also impose other appropriate penalties on the organisation. The amendment also includes a provision allowing political parties to appeal against the tribunal's verdict.

Some lawyers have questioned the inclusion of the provision to ban political parties in the International Crimes (Tribunal) Act.

They said that there is already a separate law with provisions to ban political parties. 'The Political Parties Ordinance, 1978', which clearly defines when and how a political party can be banned.

Speaking to Prothom Alo, lawyer Jyotirmoy Barua said 'The Political Parties Ordinance, 1978', clearly said when and how the government can cancel or ban a political party.

While explaining the law, the lawyer said the government can refer a case to the High Court with the reasons for banning a party. The High Court then holds hearings and can decide whether to cancel the party's registration or take other actions.

Barua believes that adding this provision to the International Crimes (Tribunal) Act could lead to unnecessary controversy, given that there is already a clear legal framework in place.

The amendment also proposes expanding the definition of crimes against humanity. Under the existing law, crimes such as murder, abduction, torture, rape, slavery, extermination, confinement, detention or other inhuman acts are considered crimes against humanity.

The proposed amendment seeks to include additional offences such as forced disappearance, sexual slavery, forced prostitution, forced pregnancy, and forced sterilization.

The amendment also proposes that commanders or senior officers who issue orders or approve such crimes, as well as those directly involved in committing them, should be prosecuted. The proposal expands this to include leaders of political parties, in addition to military commanders and senior officials.

Some lawyers argue that the amendments are primarily focused on prosecuting crimes committed during the rule of the ousted Awami League government, particularly those crimes carried out during that time.

However, government officials disagree, saying that the amendments aim to clarify ambiguities in the existing law and broaden the scope of prosecution for crimes against humanity.

The existing International Crimes (Tribunal) Act only covers crimes committed within Bangladesh's territory. The amendment, however, proposes extending jurisdiction to include crimes committed in Bangladesh’s territorial waters. It also proposes that if any Bangladeshi citizen commits crimes against humanity abroad, they can be prosecuted under this law. Similarly, if a foreign national commits crimes against humanity within Bangladesh's territory or territorial waters, they can also be prosecuted under this law.

Lawyer Jyotirmoy Barua said as criminal offences are being included in this act, it will allow for the prosecution of both domestic and foreign nationals for crimes committed within their jurisdiction. Such provisions are common in other countries.

The amendment also proposes that audio and video recordings related to crimes against humanity be accepted as evidence in tribunal hearings.

Investigators will have the authority to conduct searches and seize documents. Representatives of the United Nations or other international organizations  with permission will be allowed to participate in hearings, investigations, and other proceedings.

Victims or their representatives will also be allowed to participate in tribunal proceedings. The amendment also includes provisions to ensure the safety of witnesses.

Despite repeated attempts, law adviser Asif Nazrul could not be contacted to take his comment about the government’s initiative to amend the International Crimes (Tribunal) Act.

The attorney general, Mohammad Asaduzzaman, also declined to comment on the matter.

However, the chief prosecutor of the International Crimes Tribunal, Mohammad Tajul Islam, told the Prothom Alo that the proposed amendments aim to clarify certain ambiguities in the law and that this will help expedite judicial proceedings.

*This report, originally published in Prothom Alo print and online editions, has been rewritten in English by Rabiul Isalm