ICT accused barred from elections, public office

Individuals formally charged in cases under the International Crimes Tribunal (ICT) will no longer be eligible to contest elections or hold public office, according to a government notification issued on Wednesday (October 8).

The amendment, made through the International Crimes (Tribunals) (Amendment) Ordinance, 2025, introduces a new section—20(g)—to the 1973 Act.

President Mohammad Shahabuddin promulgated the ordinance, which took immediate effect.

Under the new provision, anyone formally charged under Section 9(1) of the Act is deemed ineligible to serve as a Member of Parliament, local government representative, mayor, or hold any government position. However, the disqualification will be lifted if the person is later acquitted or discharged by the Tribunal.

Chief Prosecutor Tajul Islam described the move as “a timely step in a nation rebuilding itself after a revolution.”

In contrast, eminent jurist Dr. Shahdeen Malik criticised the amendment as “a backward step,” arguing it undermines the fundamental legal principle of presumption of innocence. “If mere accusation leads to disqualification, it amounts to punishment without trial,” he said.

Badiul Alam Majumdar, head of the Election Reform Commission, defended the amendment, noting that ICT defendants are charged with crimes against humanity and are already subject to certain constitutional restrictions under Article 47A.

Official data shows that since the post-revolt period in July, seven ICT cases have led to formal charges against 67 individuals for alleged crimes against humanity.