mes against humanity, the party will also be responsible along with the punishment of that member. In such a case, the activities of Jamaat-e-Islami can be banned. The people associated with the party will not be allowed to conduct any kind of activity in present name or in any other name in future. Law Minister Anisul Haque said the procedure of amending Intenational Crimes (Tribunals) Act 1973 is in the final stage to try any political party or organisation on charge of crimes against humanity. The draft of the amendment has been finalised and it will be placed before the cabinet meeting soon. The law will be titled International Crimes (Tribunals) (Amendment) Act 2014. There is allegation that anti-liberation party Jamaat committed crimes against humanity during Bangladesh Liberation War in 1971. Abdul Kader Mollah, one of top leaders of the party, was tried and hanged for wartime crimes. Besides, the International Crimes Tribunal (ICT) awarded capital punishment to some top leaders of the party. While passing verdict on Jamaat leaders, the court pointed out the party’s involvement in the wartime crimes. The court said Jamaat played the role of a criminal organisation during the liberation war. On the other hand, the High Court, acting on a writ petition, declared Jamaat registration as a political party cancelled and void. Following the verdict, the Election Commission rescinded the party’s registration. In a recent visit to Dhaka, US Ambassador-at-Large for War Crimes Issues Stephen J Rapp opposed trial of any party for wartime crimes. Individuals should be tried for crimes against humanity, he said, adding the party should not be tried for the sake of peace and tranquility of the society. After victory of US-led force in the Second World War, the defeated Nazi war crimes accused were tried. That time, Hitlar’s Nazi Party was also banned. None of the party has been allowed to form any political party or organisation with different name. In the draft amendment, (1a) has been added to section 10 (1) saying notwithstanding anything said in any other section the law, charge may be brought against any organisation as referred to section 9 (1). As per Rules of Procedure of section 22, the tribunal will have authority to indict, try and finally pronounce verdict against the organisation. Sub-section 1 of section (4) has been changed in the draft amendment. As per previous provision of the sub-section, if a group of people committed the wartime crimes, each of them was to be held guilty for the offence. But the new provision says (a) every individual will be held responsible, (b) members of any organisation’s executive committee, central committee, local committee; an even the organisation itself will be held responsible. It will be construed that a member of such committee individually committed the crime in case of collective responsibility. To clarify the mode of punishment, Section 20 (2) has been changed. Earlier, the section provided for death sentence or any other reasonable punishment for the war crimes accused person. The matter of punishing an organisation was absent there. Now, 2 (b) is going to be added, saying the tribunal will be able to ban the party forever. Even, such party will not be able to function changing its name. The long title and preamble of the ICT Act are going to be changed including the word “organisation” as offender. The word “responsibility” in Section 3 (2) is being replaced by “organisational responsibility.” The expression “accused persons” in Section 9 (1) and (2) is being replaced by “accused persons or organisations.” The word “persons” which are used twice in section 10 (2) and section 12 are going to be replaced by “persons or organisations.” An official of the Law Ministry said due to inclusion of the word “organisations,” a party or organisation may be tried like an individual. A prosecutor of ICT said he will be able to make comment on the matter after the law is amended finally to try Jamaat. About recent comment of US envoy opposing trial of any party, he said it is his personal view.
Monday, August 11, 2014
Draft amendment to ICT Act-1973 to be placed in cabinet soon:Daily Sun
mes against humanity, the party will also be responsible along with the punishment of that member. In such a case, the activities of Jamaat-e-Islami can be banned. The people associated with the party will not be allowed to conduct any kind of activity in present name or in any other name in future. Law Minister Anisul Haque said the procedure of amending Intenational Crimes (Tribunals) Act 1973 is in the final stage to try any political party or organisation on charge of crimes against humanity. The draft of the amendment has been finalised and it will be placed before the cabinet meeting soon. The law will be titled International Crimes (Tribunals) (Amendment) Act 2014. There is allegation that anti-liberation party Jamaat committed crimes against humanity during Bangladesh Liberation War in 1971. Abdul Kader Mollah, one of top leaders of the party, was tried and hanged for wartime crimes. Besides, the International Crimes Tribunal (ICT) awarded capital punishment to some top leaders of the party. While passing verdict on Jamaat leaders, the court pointed out the party’s involvement in the wartime crimes. The court said Jamaat played the role of a criminal organisation during the liberation war. On the other hand, the High Court, acting on a writ petition, declared Jamaat registration as a political party cancelled and void. Following the verdict, the Election Commission rescinded the party’s registration. In a recent visit to Dhaka, US Ambassador-at-Large for War Crimes Issues Stephen J Rapp opposed trial of any party for wartime crimes. Individuals should be tried for crimes against humanity, he said, adding the party should not be tried for the sake of peace and tranquility of the society. After victory of US-led force in the Second World War, the defeated Nazi war crimes accused were tried. That time, Hitlar’s Nazi Party was also banned. None of the party has been allowed to form any political party or organisation with different name. In the draft amendment, (1a) has been added to section 10 (1) saying notwithstanding anything said in any other section the law, charge may be brought against any organisation as referred to section 9 (1). As per Rules of Procedure of section 22, the tribunal will have authority to indict, try and finally pronounce verdict against the organisation. Sub-section 1 of section (4) has been changed in the draft amendment. As per previous provision of the sub-section, if a group of people committed the wartime crimes, each of them was to be held guilty for the offence. But the new provision says (a) every individual will be held responsible, (b) members of any organisation’s executive committee, central committee, local committee; an even the organisation itself will be held responsible. It will be construed that a member of such committee individually committed the crime in case of collective responsibility. To clarify the mode of punishment, Section 20 (2) has been changed. Earlier, the section provided for death sentence or any other reasonable punishment for the war crimes accused person. The matter of punishing an organisation was absent there. Now, 2 (b) is going to be added, saying the tribunal will be able to ban the party forever. Even, such party will not be able to function changing its name. The long title and preamble of the ICT Act are going to be changed including the word “organisation” as offender. The word “responsibility” in Section 3 (2) is being replaced by “organisational responsibility.” The expression “accused persons” in Section 9 (1) and (2) is being replaced by “accused persons or organisations.” The word “persons” which are used twice in section 10 (2) and section 12 are going to be replaced by “persons or organisations.” An official of the Law Ministry said due to inclusion of the word “organisations,” a party or organisation may be tried like an individual. A prosecutor of ICT said he will be able to make comment on the matter after the law is amended finally to try Jamaat. About recent comment of US envoy opposing trial of any party, he said it is his personal view.
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