The enactment of the Enforced Disappearance Prevention and Redress Act has expanded opportunities for victims and their families to seek justice in cases of enforced disappearance, said International Crimes Tribunal Chief Prosecutor Md Aminul Islam.
Speaking at a press conference at his office on Monday (September 7), he said the new law provides a clear definition of enforced disappearance, creating new avenues for legal redress.
The chief prosecutor said an incident would constitute enforced disappearance if law enforcement authorities arrest or detain a person and conceal their whereabouts, keep them at an undisclosed location, or deprive them of legal protection. If such an incident is widespread or systematic, it may be treated as a crime against humanity and tried by the International Crimes Tribunal.
He said an earlier ordinance on preventing and addressing enforced disappearances had not been effectively implemented because the National Human Rights Commission, which had been assigned responsibilities under the law, was unable to function effectively at the time.
Referring to Section 33 of the new law, Aminul Islam said cases of enforced disappearance already pending before the tribunal would continue to be tried there. Cases pending before a sessions court or magistrate court may also be transferred to the tribunal if the incidents are found to constitute widespread or systematic crimes against humanity.
He added that even during a police investigation, a case may be transferred to the tribunal if the incident is identified as a widespread or systematic crime against humanity. The tribunal’s investigation agency or the Chief Prosecutor’s Office may also initiate proceedings to bring such cases from other courts to the tribunal.
According to the chief prosecutor, complaints of enforced disappearance already submitted to or under investigation by the tribunal will be reviewed gradually under the new law. Cases that fall within the definition of enforced disappearance or widespread and systematic crimes will be tried by the tribunal, while other cases will be dealt with as separate offences of enforced disappearance in the appropriate courts.
Seizure of Property and Compensation
Regarding confiscation of property and compensation, Aminul Islam said the law and Rules of Procedure contain provisions on these matters, but the specific procedure for confiscating property is not clearly defined.
He said there is a need to amend the Rules of Procedure to introduce detailed provisions on the issue.
Appeal of Maulana Abul Kalam Azad
Regarding the appeal of Maulana Abul Kalam Azad, the chief prosecutor said Section 21(3) of the International Crimes (Tribunals) Act requires an appeal to be filed within 30 days of a verdict.
He claimed that Azad’s appeal has not yet been accepted and that the 30-day deadline has already expired, leaving no further scope for an appeal. According to him, the tribunal’s verdict should therefore be implemented.
On the government’s authority to suspend or reduce a sentence, he said Section 401 of the Code of Criminal Procedure gives the government such powers.
However, he argued that the opportunity provided by the Home Ministry for Abul Kalam Azad to surrender on the condition of filing an appeal was inconsistent with Section 21(3) of the International Crimes (Tribunals) Act, 1973.
He maintained that an executive order cannot override provisions of a special law.
