Key Amendments to the Tribunal Act: Expanded Jurisdiction, Enhanced Victim Protection, and Retroactive Provisions

The newly amended act empowers the international crimes tribunal to prosecute crimes committed both within and outside Bangladesh, including offenses by foreigners occurring within the country. It introduces the definition of “enforced disappearance” that is aligned with international standards and incorporates provisions for special trials and victim compensation, which were absent in the earlier law.

The amendment also allows appeals to the Appellate Division against interim orders of the tribunal deemed contempt of court. This provision extends to appeals involving disciplinary forces, with the term now encompassing not only the Army, Navy, and Air Force but also the police, Rapid Action Battalion, Border Guard Bangladesh, intelligence agencies, and Ansar.

Additionally, the timeline for defendants to prepare for trial has been extended from three to six weeks. A crucial revision permits the defense to present witnesses at any stage of the trial. Notably, the amendment has been applied retroactively, effective from 2009.