To avoid any element of self-agenda basing on the ICT-BD platform while keeping the noble image of the ICT-BD and the Country as well untouched, the following possible suggestions purely based on “universal right as to freedom of expression & thoughts for the humanitarian concern” with neither personal, political nor otherwise agenda, are shared:
STAGE 1 Resolving the Crisis haunting the existing ICT-BD
1. Since the credential / credibility of the existing ICT-BD in its capacity as the fair judicial entity besides its attitude towards ‘due process of law’, have been seriously and authentically questioned equally at local, regional and also at the international levels thus, the existing ICT-BD shall be dissolved with no delay by aiming at re-establishing it with acceptable structure and spirit.
2. Because of the existing ICT-BD is suggested to be dissolved due to its doubtful credibility thus, all judicial process (documentary or otherwise) established under the existing ICT-BD shall be declared / ruled out non-admissible per se.
3. While the judicial culture & professionalism with fairness of ICT-BD is questionable thus, all accused under the existing ICT-BD either detainees or charged shall be freed / acquitted with no condition by virtue of the general principles of per incuriam.
STAGE 2 Standardizing the ICT-BD with globally appreciated institution
1. The entity of ICT-BD shall be re-structured along with redesigning its governing Laws, policies, procedures, guidelines & professional etiquette by harmonizing it with internationally acceptable standard.
2. Genuine war accused shall rightfully be identified and duly listed before the actual investigation takes place.
3. As a noble personality of the government & the nation as well, it may be wise for the government to rule out a "general forgiveness to the war accused" by forgetting the past of 41 years while looking forward by focusing on "high achiever plan" to glorify the country & its people in this advance tech-reality.
4. BUT, IF THE GOVERNMENT STICK TO ITS "NO FORGIVENESS RULE", THE FOLLOWING MAY BE SUGGESTED:
5. To dismiss any element of culture of judicial corruption or adapting ‘mischief rule’ or judicial mal-practices, no government authority or any unauthorized person shall legally be appreciated to interfere with undue influence or otherwise on any aspect of proceedings or judicial culture of ICT-BD.
6. Investigating team shall comprise right members from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international).
7. Prosecuting team shall comprise right members from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international).
8. Defence counsel (team) shall comprise right members from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international).
9. Panel of judges (judicial team) shall comprise right members from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international) while the team shall be presided by an international judge.
10. External advisory body (subject expert) shall comprise subject legal experts from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international) which shall be judicially appointed with express terms of reference as to task & limitation.
11. Media team shall comprise right media reporters from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international) in their capacity as the independent media team with just information.
12. Independent observers shall comprise right members from mixed jurisdictions (1/3 local, 1/3 regional while 1/3 shall be international). Among them are authorised professionals, academia, NGO, politicians, law makers, enforcement body & family members of the defendant.
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