The cabinet yesterday in principle approved a proposal to amend the International Crimes (Tribunal) Act 1973 to ensure fairness and neutrality in holding trial of war criminals.
The draft copy of the amendment will be placed in parliament within one or two days for its passage, said Law Minister Shafique Ahmed while talking to reporters at his secretariat office.
Meanwhile, the cabinet meeting also endorsed the draft of the Mobile Court Bill 2009 aiming at empowerin6 the executive magistrates again to run mobile courts for holding summary trial of some specific offences. The law minister said the amendment will be brought in the International Crimes (lYibunal) Act 1973 in order to make it update. The amended law will be titled as International Crimes Tribunal (Amendment) Act 2009, he said.
There arc provisions for trial of the armed forces and their associate forces under the 1973 act, he said, adding that his ministry has recommended an added provision to try individual and group crimes for the trial of war crimes.
An official concerned said that the draft amendment also proposed reforming the definition of "associate force" to include groups such as Rajakar, Al badr and Al shams militias who collaborated with the Pakistani occupying forces in 1971.
The law minister said a provision for appeal against the tribunal's verdict has also been included in the draft amendment, which is not in the original law.
"A temporary tribunal will be constituted for the trials. A prosecution team of five to 10 lawyers headed by a public prosecutor and an investigation committee will also be specially formed," Shafique said.
He said those who have skills, efficiency, quality, honesty and acceptability will be appointed as investigators and prosecutors for holding the trial of war criminals.
English is proposed as the official language for the trials but the amendment keeps Bengali as well, he said. Meanwhile, prime minister's Press Secretary Abul Kalam Azad yesterday told a press briefing that the proposal for amendment of the law was approved to bring those involved in 'anti-humanity' acts during the Liberation War in 1971 to justice.
The anti-humanity acts include killings, arson and rape, hesaid.
MOBILE COURT BILL
The draft of the Mobile Court Bill 2009 will now be placed in
the parliament and once it is passed as an act, the executive magistrates will regain their power to summarily try some offences to help maintain law and order and check criminal activities, said a secretary, who was present at the cabinet meeting.
The executive magistrates, who are officials from the administration cadre of the government, were stripped of judicial powers on November 1,2007 with the separation of the judiciary from executive organ of the state through amendment to the Code of Criminal Procedures.
The secretary said the mobile courts against the criminal activities including adulteration can only be operated by judicial magistrates after separation of the judiciary.
But in the face of demand from the cadre officials, the immediate past caretaker government on October 29, 2007 promulgated the Mobile Court Ordinance 2007 empowering the executive magistrates to operate mobile courts and hold summary trials of some specific offences.
The ordinance, however, ceased to have effect, as the present parliament in its first session did not pass the ordinance as act.
Sources said as per the draft bill placed by the home ministry in the cabinet, the district magistrates may delegate the authority to executive magistrates through written order to operate mobile courts in their jurisdiction for maintaining law and order and containing offences.
The mobile courts can only fine the offenders, in default, it can give the convicts three months' simple imprisonment, says the draft bill.
The law enforcement agencies along with other organisations concerned will be bound to give necessary assistance to executive magistrates in operating the mobile courts, sources said.