The newly-formed International Crimes Tribunal (ICT-2) has promulgated its own rules of procedure for investigation, prosecution and trial of the perpetrators committed crimes against humanity during the 1971 liberation war to keep pace with the trial process.
On March 22, the government constituted the ICT-2 at the Old High Court building with Justice ATM Fazle Kabir as its chairman for the speedy disposal of war crimes cases. The two other members are Justice Obaidul Hassan and Judge M Shahinur Islam.
Although adopting the RP of the ICT-1, including its subsequent amendments, the ICT-2 has incorporated some additions and changes with it for smooth ‘justice delivery system’, said ICT deputy registrar MLB Mesbahuddin Ahmed while briefing reporters on Thursday.
‘The ICT-2 framed its own RP as it is an independent tribunal which needs its own rules of procedure for functioning like that of the ICT-1.’
Under the RP, a basic change has been incorporated on application for the review of any order passed by the tribunal that reads as follows:
If an application is filed, the chairman or any member nominated by him, shall peruse the same and if he finds that there are materials for considering the application only then the application shall be referred to the tribunal for hearing before it, otherwise the same shall stand dismissed.’
In this regard, another clause fitted in the RP that says: ‘An application seeking review of an order may be filed only for once, and any such application together with the copy of the order shall have to be filed within seven days of the order under review.’
One more major change has been made on giving testimony of the witness before the tribunal which says: ‘The testimony of the witness shall be recorded either in Bangla or in English through computer compose or otherwise as the tribunal directs.’
Besides, the cross-examination shall be strictly limited to the subject matter of the examination-in-chief of witness but the party shall be at liberty to cross-examine such witness on his credibility and to take contradiction of the evidence given by him.
In this state of affairs, the tribunal shall have the jurisdiction to regulate the matter of time management as and when deems fit, for ensuring ‘effective and expeditious’ trial.
In exercise of powers given under section 22 of the International Crimes (Tribunals) Act 1973, the ICT-2 promulgated its rules of procedure.
Neither the prosecution nor the defence lawyers were immediately available to make their comments following the promulgation of the ICT-2 RP.