Print View
[Section Index]
11. (1) A Tribunal shall have power-
(a) to summon witnesses to the trial and to require their attendance and testimony and to put questions to them;
(b) to administer oaths to witnesses;
(c) to require the production of document and other evidentiary material;
(d) to appoint persons for carrying out any task designated by the Tribunal.
(2) For the purpose of enabling any accused person to explain any circumstances appearing in the evidence against him, a Tribunal may, at any stage of the trial without previously warning the accused person, put such questions to him as the Tribunal considers necessary:
Provided that the accused person shall not render himself liable to punishment by refusing to answer such questions or by giving false answers to them; but the Tribunal may draw such inference from such refusal or answers as it thinks just;
(3) A Tribunal shall-
(a) confine the trial to an expeditious hearing of the issues raised by the charges;
(b) take measures to prevent any action which may cause unreasonable delay, and rule out irrelevant issues and statements.
(4) A Tribunal may punish any person, who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members into hatred or contempt, or does anything which constitutes contempt of the Tribunal, with simple imprisonment which may extend to one year, or with fine which may extend to Taka five thousand, or with both.
(5) Any member of a Tribunal shall have power to direct, or issue a warrant for, the arrest of, and to commit to custody, and to authorise the continued detention in custody of, any person charged with any crime specified in section 3.
(6) The Chairman of a Tribunal may make such administrative arrangements as he considers necessary for the performance of the functions of the Tribunal under this Act.
1[(7) A Tribunal may arrange virtual hearings if the Tribunal is satisfied that the physical attendance of the victims and witnesses cannot be procured due to unavoidable circumstances.
(8) Notwithstanding anything contained in the Bangladesh Legal Practitioners and Bar Council Order, 1972 (President’s Order No. 46 of 1972), a Tribunal may allow foreign counsel to appear before it, subject to the prior permission of Bangladesh Bar Council, which should not be unreasonably withheld.]