Thursday, 21 November, 2024
The interim government has removed provisions that would have allowed the punishment of political parties and their affiliate organisations about “genocide-related” deaths during clashes in the anti-government movement, following discussions at the Advisory Council meeting on Wednesday.
The draft amendment to the International Crimes (Tribunals) Act proposed a 10-year ban on political parties found guilty of crimes under the Act. However, this provision was excluded before the amendment was approved.
The International Crimes (Tribunals) Amendment Ordinance 2024 was formally endorsed at the Advisory Council meeting held in the morning, and detailed information was later presented by Law Advisor Asif Nazrul in a press briefing at the Foreign Service Academy.
Earlier, on September 23, during an event at the Judicial Administration Training Institute in Dhaka, Nazrul had announced plans to introduce eight amendments to the 1973 International Crimes (Tribunals) Act. Among these amendments was a proposal to recommend banning political parties for up to 10 years if found guilty of crimes under the Act.
However, after further deliberations, the Advisory Council decided to exclude the provision for penalising organisations. "We had initially included provisions to punish organisations, where the tribunal could recommend punishment to the appropriate authority," Nazrul said.
"But after discussions, we concluded that linking the justice process to political matters could create unnecessary complications. We want to keep the process neutral and avoid raising doubts about the law’s intentions. Thus, this provision has been removed."
Without a functioning parliament, the interim cabinet’s decisions are enacted as law upon publication in the gazette, but they must be approved by the next parliament within a specified time or will be nullified, as per the Constitution.
Nazrul also clarified that while the amendment does not include provisions for banning political parties or organisations under the War Crimes Act, there are other legal avenues available to address such issues. "If necessary, the government can take action against political parties or organisations under existing laws," he stated. "For example, the Anti-Terrorism Act includes provisions that could address these concerns."
He emphasised that although the War Crimes Act will no longer include such provisions, other laws offer alternative legal means to address criminal activities by political parties or organisations, should public consensus and political demand arise in the future.
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The interim government has removed provisions that would have allowed the punishment of political parties and their affiliate organisations about “genocide-related” deaths during clashes in the anti-government movement, following discussions at the Advisory Council meeting on Wednesday.
The draft amendment to the International Crimes (Tribunals) Act proposed a 10-year ban on political parties found guilty of crimes under the Act. However, this provision was excluded before the amendment was approved.
The International Crimes (Tribunals) Amendment Ordinance 2024 was formally endorsed at the Advisory Council meeting held in the morning, and detailed information was later presented by Law Advisor Asif Nazrul in a press briefing at the Foreign Service Academy.
Earlier, on September 23, during an event at the Judicial Administration Training Institute in Dhaka, Nazrul had announced plans to introduce eight amendments to the 1973 International Crimes (Tribunals) Act. Among these amendments was a proposal to recommend banning political parties for up to 10 years if found guilty of crimes under the Act.
However, after further deliberations, the Advisory Council decided to exclude the provision for penalising organisations. "We had initially included provisions to punish organisations, where the tribunal could recommend punishment to the appropriate authority," Nazrul said.
"But after discussions, we concluded that linking the justice process to political matters could create unnecessary complications. We want to keep the process neutral and avoid raising doubts about the law’s intentions. Thus, this provision has been removed."
Without a functioning parliament, the interim cabinet’s decisions are enacted as law upon publication in the gazette, but they must be approved by the next parliament within a specified time or will be nullified, as per the Constitution.
Nazrul also clarified that while the amendment does not include provisions for banning political parties or organisations under the War Crimes Act, there are other legal avenues available to address such issues. "If necessary, the government can take action against political parties or organisations under existing laws," he stated. "For example, the Anti-Terrorism Act includes provisions that could address these concerns."
He emphasised that although the War Crimes Act will no longer include such provisions, other laws offer alternative legal means to address criminal activities by political parties or organisations, should public consensus and political demand arise in the future.
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