The International Crimes Tribunal-Bangladesh (ICT-B) that granted death sentence to deposed PM Sheikh Hasina can not lawfully perform her trial as it was set up based upon the International Crimes (Tribunals) Act of 1973.
The 1973 Act and modifications to it in 2008 were particularly meant to attend to criminal offenses of genocide dedicated throughout the Liberation War of 1971.
Modifications to the scope of ICT-B 1973 made after August 5, 2024, were done through a regulation. This is void ab initio as the appropriately designated executive was not personnel and Parliament had actually not authorized it, according to an individual knowledgeable about ICT-B.
The Bangladesh President is not empowered to release the regulation (Art 93) as the dissolution of Parliament was not based on treatment, a specialist on the Bangladesh Constitution mentioned. ICT-B judges were unconstitutionally designated.
On August 10, 2024, the chief justice and 5 other judges of the appellate department of Supreme Court were served “ultimatum” by a trainee mob surrounding the court and physically required to resign. Today 3 judges in ICT-B were selected in offense of the Constitution, according to the above priced estimate constitutional professional.
The chairman of ICT, Golam Mortuza Majumder, a retired district court judge, was selected as a high court judge just 6 days before the statement that the ICT will take a look at the cases. The 2nd appointee Mohitul Haque Md Enam Chowdhury is a retired district and sessions judge and the 3rd one is legal representative Shafiul Alam Mahmud, who like Majumdar, was selected a couple of days earlier as a high court judge.
In general, 22 judges favoured by the extreme Jamaat-e-Islami were made irreversible within a year of service. None of the designated judges have experience in using global legal concepts, a space that is considerable in trials including Crimes Against Humanity. It might be explained that Shafiul Alam Mahmud has links to BNP. The visit of a political celebration member as an ICT judge raises concerns of predisposition. Visit of Md Tajul Islam as primary district attorney of ICT raises major concerns of prosecutorial neutrality. He was previously the chief attorney for war wrongdoers in trials before the International Crimes and appears to have actually been designated by the Jamaat-e-Islami simply for retribution.
Consultation of Toby Cadman as unique consultant to the chief district attorney of the Bangladesh International Crimes Tribunal is likewise flawed. He was the attorney for Jamaat in the trials performed versus them by the Awami League federal government. The state selected defence legal representative Md Amir Hossain to represent Sheikh Hasina and previous home minister Asaduzzaman Khan Kamal. Adv Hossain has no experience with International Criminal Law.
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