Tribunal to prosecute the accused even in absentia

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The war crimes investigation agency chief Abdul Matin said Thursday that the special tribunal would prosecute people charged with war crimes even if they were not in the country, reports bdnews24.com.
"If the accused try to flee, let them do so. They will be tried in absentia," Matin told reporters.
But the International Crimes (Tribunals) Act 1973, under which the prosecutions will take place, has no separate provision for trials "in absentia" - the term given to trials when the accused is not present.
Trials in absentia are allowed under the Criminal Procedure Code 1898 - but the 1973 Act specifically states that the criminal code does not apply to these war crimes trials.
Supreme Court lawyer Anisul Huq, who was lead prosecutor in the Bangabandhu murder case appeals, told the news agency: "I cannot find any section which says that in absentia trials are allowed. That means they are not allowed."
"Sections 16, 17 always contemplate a situation where an accused person will be present before the Tribunal," he said.
Section 10(b) of the 1973 Act states: "The Tribunal shall ask each accused person whether he pleads guilty or not-guilty."
Section 16(2) states: "A copy of the formal charge and a copy of such of the documents lodged with the formal charge shall be furnished to the accused person at a reasonable time before the trial; and in case of any difficulty in furnishing copies of the documents, reasonable opportunity for inspection shall be given to the accused person in such manner as the Tribunal may decide."
According to Section 17 on rights of the accused: "During trial of an accused person he shall have the right to give any explanation relevant to the charge made against him."
"An accused person shall have the right to present evidence at the trial in support of his defence, and to cross-examine any witness called by the prosecution."
Matin could not be reached for further comment Thursday evening.