International Crimes Tribunal reconstituted

 
The government yesterday reconstituted the International Crimes Tribunal by appointing its chairman and two members to start the trials of people who committed crimes against humanity during the July-August uprising.
Justice Md Golam Mortuza Majumdar was made chairman of ICT while Justice Md Shafiul Alam Mahmud and former district and session’s judge Md Mohitul Haque Enam Chowdhury were made its members.
Justice Mortuza and Justice Shafiul are among the 23 additional judges appointed to the High Court on October 8.
“The tribunal will be fully active within a day or two,” Law Adviser Prof Asif Nazrul told reporters at his ministry.
The tribunal will sit at noon today, Prosecutor Gazi MH Tamim told The Daily Star yesterday.
The step came after the government reconstituted the tribunal’s prosecution team and the investigation agency last month to try crimes against humanity and genocide committed during the July-August uprising that toppled the Hasina-led government.
At least 753 people were killed and thousands injured during the uprising. So far, over 60 complaints of crimes against humanity and genocide have been filed against Hasina and her party men with the ICT investigation agency and the prosecution team.
The investigation and prosecution team have already launched probes into the complaints.
The government has also prepared a draft to amend the International Crimes (Tribunals) Act-1973.
The Hasina-led Awami League government  formed the International Crimes Tribunal in March 2010 to try the perpetrators of crimes against humanity committed during the Liberation War.
It later formed ICT-2 and at least six Jamaat-e-Islami and BNP leaders were executed following verdicts of the two tribunals.
The tribunal was dormant since mid-June after the then chairman of the tribunal retired.
Prof Nazrul said they have reconstituted the tribunal following the Supreme Court’s advice.
“We hope the trials will start very soon,” he said, adding that the law ministry has completed a major task by appointing the judges,
The prosecution team and the investigators have already started carrying out probes and collecting evidence.
As per the procedure of the ICT, the investigation agency would submit a probe report to the Chief Prosecutor Office after finishing the investigation into a complaint.
Then the Chief Prosecutor Office, after scrutiny of the probe report and relevant evidence, will press formal charges before the tribunal.
In the meantime, the prosecution can seek arrest warrant for any suspect.
Prof Nazrul claimed that more than 1,000 people were killed and thousands were injured during the student-led uprising. “The International Crimes Tribunal is a strong platform to hold trials in this regard.”
He said they were ready to provide more manpower to the prosecution team and the investigation agency in phases. They will also consider the necessity of another tribunal, he added.
Replying to a question, he said they held meetings with stakeholders and have been trying to improve the existing ICT Act by bringing significant changes.
He said the existing law was adequate to start the trial process and there was no need to wait for the amendment to the ICT Act.
Asked how they would have a suspect hiding abroad repatriated, he said the law allows trial of suspects in absentia. The government would take initiatives as per extradition treaties if a convict was in a country with which Bangladesh has an extradition deal.
For other countries, the government would try as per the international law to bring them back, he added.
He said if former prime minister Sheikh Hasina was convicted and was residing in India, then Bangladesh would surely ask India to hand her over as per the extradition treaty with India.
Prof Nazrul said they have incorporated enforced disappearance as a crime in the draft amendment of the ICT Act, which would allow the tribunal to hold trials.
Asked about the time frame for the commissioning of crimes to be considered, he said it was up to the prosecution and that they have so far learnt that crimes committed between July 15 and August 5 would be considered.
The period can be changed by a day or two later, he said, adding that the “killings at Shapla Chattar 2013 and the BDR mutiny in 2009” can be tried, he added.
Asked about the cases already pending with the tribunal, he said the tribunal would decide on those.
Even though the adviser said the tribunal has been reconstituted, there has been no gazette notification in this regard as of 10:30pm last night when this report was filed.