The council of advisers on Wednesday approved the draft of an ordinance to amend the International Crimes (Tribunals) ACT to avoid questions from local and international communities over the trials to be held under the law.
The provision for punishing an organisation or political party was, however, dropped from the approved International Crimes (Tribunals) (Amendment) Ordinance.
The approval came from a meeting of the council held with chief adviser Proffesor Muhammad Yunus in chair at the Cabinet Division.
鈥榃e have felt the necessity of bringing amendments to the International Crimes (Tribunals) Act 1973 as there was huge criticism from different quarters over the trial held under the law during the regime of the fascist government,鈥� said law adviser Asif Nazrul at a briefing.
The briefing was held at the Foreign Services Academy after the meeting.
Asif Nazrul said that stakeholders, including local and international human rights organisations, raised various flaws in the law during the trials conducted during the AL regime.
鈥楽ince we want to conduct a fair trial and to maintain due process, we have taken the initiative to amend it,鈥� he said.
The government has taken the opinions of a large number of people, law experts, human rights activists and journalists, prominent local and international lawyers and human rights organisations, and even the UN human rights forum, he said.
鈥榃e have prepared the draft law on the basis of the opinions of all,鈥� he said.
The law adviser said that there was a provision for punishing organizations in the existing law, but the interim government decided to scrap the provision.
The amended law will empower the tribunal just to recommend punishment of an organisation, he said.
鈥業f any political party is punished under the law, it would create unnecessary scope for questioning the trials to be held under the law.鈥� he said.
If it is necessary or if there is popular demand for banning any organisation or political party for criminal activities, there are provisions in other laws like the Anti-Terrorism Act and the Political Parties Ordinance 1978 for banning a political party, said the law adviser.
Focusing some key changes, the adviser said that the 鈥榗rime against humanity鈥� and 鈥榞enocide鈥� were defined in the proposed ordinance following the Rome Statute of the International Criminal Court.
He said that the defence would also get equal rights as enjoyed by the prosecution.
There is a system in the draft law to protect victims or witnesses and the victims will get compensation, the adviser added.
鈥榃e defined the forces well in it following our constitution and traditional human rights law,鈥� he said.
The amended law would allow the appointment of foreign lawyers and if anyone 鈥� prosecution or defence 鈥� wants, they can appoint foreign lawyers here, he said.
Another excellent provision is there in the proposed ordinance to allow observers to watch the trial process, the law adviser said, adding that any local and international human rights organisation could observe the trial proceedings.
He said that the ordinance would also allow the tribunal to record audio and video during hearings.
The tribunal can broadcast the records fully or partially as it wishes, he said.
Advisers Mahfuz Alam, Asif Mahmud Sazeeb Bhuyan and chief adviser鈥檚 press secretary Shafiqul Alam, among others, were present at the press conference.