The amended International Crimes Tribunal Act will not include provisions for punishing political parties or any other organisations, or for recommending such punishments, Law Adviser Prof Asif Nazrul said yesterday.

It will have provisions for appealing to the Appellate Division, and allowing parties to raise questions about a case before the trial concludes, he said at a press briefing at the Foreign Service Academy yesterday.

"This is called interlocutory appeal. It would permit parties to challenge the continuation of the trial in the tribunal. Also, if the tribunal brings contempt of court charges against any party, it can move the Appellate Division for interlocutory redress."

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He also confirmed that the death penalty provision in the ICT Act will remain unchanged.

"We have clearly told those calling for removal of this provision that we don't have the scope to abolish it…. We have not ratified the international treaty that calls for abolishing such sentences. So, we are not obligated."

The advisory council approved the draft of the amended act during a meeting at the Secretariat yesterday, with Chief Adviser Prof Muhammad Yunus in the chair.

Asif said the interim government thought of making necessary amendments to the ICT Act due to criticism of the law.

The government has consulted national and international legal experts and the stakeholders to amend the law.

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ICT Act amendment: Draft proposes banning political parties up to 10yrs

The adviser said the draft of the law included a provision for punishing political parties and other organisations, as well as allowing the tribunal to recommend such punishments.

"However, the council of advisers thought that if the provision for punishing a political party or any other organisation is included, it could lead to unnecessary questioning of the law. So, we chose not to include the provision.

"If there is any need to ban any political party or organisation, it could be done through other related laws, such as the electoral law and the anti-terrorism law."

The amended ICT Act will be become a law once the draft is published in a gazette, he said.

The interim government initiated the process of amending the act as over 1,600 cases were lodged under different laws, including the ICT Act, over different crimes committed during the July uprising. The International Crimes Tribunal has also been reformed.

According to Asif, the definitions of crimes against humanity and genocide in the draft of the ICT (Amendment) Act have also been revised based on the Rome Statute, to which Bangladesh is a party.

"More rights have been provided to the accused so that the accused and the complainants enjoy equal rights. They can bring in as many witnesses as they deem necessary, and question the acceptability of the prosecution witnesses."

The adviser said the amended act will also have provisions for protecting witnesses and providing compensation to the affected people.

"The tribunal can also make audiovisual recording of the trial and broadcast part of it without compromising the privacy of the people concerned," the law adviser said.

Three agencies that can be put on trial under the law include the "disciplined forces", intelligence agencies and auxiliary forces. The definitions of these have also been made clearer, he added.

He said any party in a particular case can also appoint foreign lawyers. Besides, local and foreign observers will be able to observe trials.

Asked if representatives from the indigenous or other minority communities will be included in the Constitution Reform Commission, Adviser Mahfuj Alam said a decision in this regard is yet to be made.

However, the commission has already consulted various groups including the indigenous communities, he added.

Mahfuj also called on the students to share their concerns and demands with the government through proper channels.

Referring to student protests over various issues, he urged the students to avoid being influenced by provocations or engaging in actions that could be detrimental.

"The government is always open to dialogue," he said.

Local Government Adviser Asif Mahmud and Chief Adviser's Press Secretary Shafiqul Alam  also spoke.