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In February, the Electoral Reform Commission recommended barring individuals accused of serious human rights violations from participating in elections if the ICT accepts the charges.

However, the proposed amendment to the ICT ordinance will disqualify an individual from running in any election even before the tribunal takes cognisance of the charges.

Speaking to The Daily Star, eminent jurist Shahdeen Malik said the provision goes against the basic principles of criminal law and citizens’ rights.

“Merely bringing an allegation against someone does not make them guilty. That completely contradicts the core ideas of the constitution, human rights, and the very purpose of a fair trial.”

He asked, “If action can be taken against someone merely because charges have been brought, then what is the point of having a trial?”

He added, “You cannot declare anyone guilty without first giving them the opportunity to defend themselves … Only those who are blind to human rights and liberty could propose such provisions.”

Earlier in the day, briefing reporters at the Foreign Service Academy, Chief Adviser’s Press Secretary Shafiqul Alam said the provision had been incorporated under section 20(c) of the International Crimes Tribunal Act, 1973.

Shafiqul told The Daily Star that the government had consulted legal experts before amending the ordinance. He said formal charges are only filed against individuals accused of crimes against humanity if investigations produce sufficient evidence.

“Crimes against humanity cannot be compared to ordinary offences, which is why the government has introduced such an amendment,” the press secretary added.

Chief of the Electoral Reform Commission Badiul Alam Majumdar said, “Those accused under the ICT Act cannot be treated like ordinary offenders; they are dangerous criminals. According to article 47(A) of the constitution, some of their rights are already curtailed. From that perspective, such measures warrant consideration.”

So far, the International Crimes Tribunal has taken cognisance of formal charges against 62 individuals in five cases over crimes against humanity committed during the July uprising.

Among the accused are deposed prime minister and Awami League President Sheikh Hasina, former home minister Asaduzzaman Khan Kamal, and former inspector general of police Chowdhury Abdullah Al-Mamun, who has since testified before the tribunal as a state witness.