Amended ICT law to allow trial of security personnel

The newly amended International Crimes (Tribunals) Act will allow for the prosecution of members of the army, navy, air force, police, Rapid Action Battalion, Border Guard Bangladesh and all intelligence agencies.

A gazette was issued to this effect yesterday.

"'Intelligence agency" means any "authority, force or entity, established by or under any law which is responsible for the collection, analysis and exploitation of information in support of law enforcement, national security and public safety", specified the amendment.

The amended law says, "The provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State."

The newly amended law also provides explicit instructions to protect accused and detained persons from torture and forcible detention, and orders all accused to be brought to the tribunal within 24 hours of arrest. The accused and detained will have legal rights to protection under the Torture and Custodial Death (Prevention) Act, 2013.

"Evidence obtained by means of a violation of internationally recognised human rights shall not be admissible."

The law also mandates that the prosecution must disclose to the defence any evidence in its possession that portrays that an accused person may be innocent. The defence can present evidence or additional witnesses at any stage of the trial.

The amended law also specified the scope of culpability for crimes against humanity.

It detailed that those who can be tried include not only those who have ordered, solicited, incited or assisted in the commission of the crimes specified in the law, but also those who had knowledge that the crime was to be committed. The contribution must be "intentional", says the law.

"However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable to punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose," added the law.

The modified law stated that any commander, superior officer or leader who "fails to take necessary measures to prevent the commission of such crimes" or "consciously disregarded information which clearly indicated that the subordinates were committing or about to commit such crimes, is guilty of these crimes".

A provision has been included in the law that will allow the tribunal to award monetary compensation to victims.

The law also allows publication of court proceedings for transparency. The tribunal has been allowed to make the decision to record the hearings and broadcast audio-visual recordings as long as the safety, privacy and dignity of the participants are protected.

"Representatives of United Nations bodies and agencies, as well as national or international human rights organisations, may attend public hearings, trials and other proceedings," said the law.

The chief prosecutor of the tribunal will brief the press about the amended law today.