Silent Shadows of Justice: Unveiling the Enigma of in Absentia Proceedings in the International Crimes Tribunal of Bangladesh
This research paper examines the practice of holding trials in absentia in the International Crimes Tribunal of Bangladesh (ICT BD) in light of international standards of criminal law. Although the audi alteram partem principle supports the defendant's right to be present in legal procedures, Section 10A of the International Crimes (Tribunal) Act, 1973 amended in 2012, permits trials to be conducted in the defendant's absence by the ICT BD. The article assesses how well ICT BD follows global standards and discusses court rulings that have shaped its current position. Through examining qualitative and quantitative data, the research reveals notable deficiencies in the tribunal's procedures and proposes suggestions for improving fair trial rights, to ensure closer alignment with recognized international norms for the ICT BD.
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