ICT act amendment: Accused barred from election if formally charged

Those accused in cases filed with the International Crimes Tribunal will not be able to hold or run for public office once formal charges are pressed against them.

They will be disqualified even before the tribunal takes cognisance of those charges, according to a gazette notification amending the International Crimes (Tribunal) Act, 1973.

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President Mohammed Shahabuddin on Monday promulgated an ordinance adding section 20C to the act.

According to the new section, anyone against whom formal charges have been pressed with the ICT under section 9(1) will be deemed disqualified from being elected as, or serving as, a member of parliament.

The same restriction applies to those seeking election or appointment as a member, commissioner, chairman, mayor, or administrator of any local government body.

In addition, such individuals will be ineligible for appointment to or for holding of any service of the republic.

This amendment clearly violates the most basic principle of justice: a person is innocent until proven guilty.

Shahdeen Malik, eminent jurist

However, the ordinance makes it clear that the disqualification will no longer apply if the individual is later discharged or acquitted by the tribunal.

The amendment takes effect immediately.

Explaining the reasons for the amendment, ICT Chief Prosecutor Tajul Islam told journalists yesterday that the amendment was "the necessity of the time" as the state is "undergoing reconstruction in a post-revolution environment".

Eminent jurist Shahdeen Malik, however, sharply criticised the move, saying, "This amendment clearly violates the most basic principle of justice: a person is innocent until proven guilty.

"If someone is only accused of a crime against humanity and is barred from contesting elections or holding government jobs, that becomes a form of punishment without trial," he told The Daily Star.

"To give an example -- suppose both you and I are contesting in the next election. I can simply file a case under the ICT law accusing you of involvement in the July killings.

"Before the trial even begins, you'll have to prove your innocence. But by then, the election will be over, and I'll have won. Isn't that an injustice?" Malik said.

He described the amendment as a "deeply regressive step", saying it contradicts the very idea of due process.

"You would have to go back to the pre-1800s era to find a similar law -- a time when human rights did not exist as a concept. No country in the past 200 years has enacted such a provision," he added.

The advisory council gave final approval to the draft amendment on September 4.

This newspaper spoke to Chief of the Electoral Reform Commission Badiul Alam Majumdar at that time.

"Those accused under the ICT Act cannot be treated like ordinary offenders; they are dangerous criminals," he had said. 

"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 ICT has either framed charges or taken cognisance of or received formal charges against 67 individuals in seven cases over crimes against humanity committed during the July uprising.

The accused include several prominent political figures such as former prime minister Sheikh Hasina, former home minister Asaduzzaman Khan Kamal, former information minister Hasanul Haq Inu, Awami League Joint General Secretary and ex-lawmaker Mahbubul Alam Hanif, former Dhaka-19 MP Muhammad Saiful Islam, former Kushtia Zila Parishad chairman Sadruddin Khan, district AL General Secretary Azgar Ali, and Kushtia city AL General Secretary Ataur Rahman Ata.

Most of the other accused are from the police force, including former inspector general of police Chowdhury Abdullah Al-Mamun, ex-Dhaka Metropolitan Police commissioner Habibur Rahman, ex-Rangpur Metropolitan Police commissioner Md Moniruzzaman, and former Dhaka Range DIG Syed Nurul Islam.

Chief Prosecutor Tajul said, "Trials in several cases are nearing completion. Charge sheets in major cases are likely to be submitted this month, and formal charges are also expected to be pressed soon."

Another prosecutor, seeking anonymity, said the prosecution aims to complete investigation reports for at least 20 additional cases of crimes against humanity, including several involving enforced disappearances, before the general election in February next year.