THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

(ACT NO. XIX OF 1973).
  [20th July , 1973]
 
 
     
   
 
 
  Tribunal  
6. (1) For the purpose of section 3, the Government may, by notification in the official Gazette, set up one or more Tribunals, each consisting of a Chairman and not less than two and not more than four other members.



1[ (2) Any person who is a Judge, or is qualified to be a Judge, or has been a Judge, of the Supreme Court of Bangladesh, may be appointed as a Chairman or member of a Tribunal.]




2[ (2A) The Tribunal shall be independent in the exercise of its judicial functions and shall ensure fair trial.]




(3) The permanent seat of a Tribunal shall be in 3[ Dhaka]:



Provided that a Tribunal may hold its sittings at such other place or places as it deems fit.



(4) If any member of a Tribunal dies or is, due to illness or any other reason, unable to continue to perform his functions, the Government may, by notification in the official Gazette, declare the office of such member to be vacant and appoint thereto another person qualified to hold the office.



(5) If, in the course of a trial, any one of the members of a Tribunal is, for any reason, unable to attend any sitting thereof, the trial may continue before the other members.



(6) A Tribunal shall not, merely by reason of any change in its membership or the absence of any member thereof from any sitting, be bound to recall and re-hear any witness who has already given any evidence and may act on the evidence already given or produced before it.



(7) If, upon any matter requiring the decision of a Tribunal, there is a difference of opinion among its members, the opinion of the majority shall prevail and the decision of the Tribunal shall be expressed in terms of the views of the majority.



(8) Neither the constitution of a Tribunal nor the appointment of its Chairman or members shall be challenged by the prosecution or by the accused persons or their counsel.
 
 
 
1 Sub-section (2) was substituted by section 4 (a) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).

2 Sub-section (2A) was inserted by section 4 (b) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).

3 The word “Dhaka” was substituted for the word “Dacca” by section 4 (c) of The International Crimes (Tribunals) (Amendment) Act, 2009 (Act No. LV of 2009).

 
 

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