Truth commission, security council okayed in principle
Courtesy New Age 10/3/08
A high-level government meeting on Sunday in principle approved two proposals for the establishment of the much-talked-about national security council and truth and accountability commission.
The meeting, in the Chief Adviser’s Office, presided over by the chief adviser, Fakhruddin Ahmed, asked the officials concerned to submit two draft ordinances before the council of advisers in a month, said sources attending the meeting.
The meeting also asked the officials concerned to get the draft of the national security council ordinance vetted by the law ministry before placing it to the council of advisers, the sources said.
The meeting, which continued for four hours and a half beginning at 10:00am, was attended by home adviser MA Matin, law adviser AF Hassan Ariff, foreign adviser Iftekhar Ahmed, army chief General Moeen U Ahmed, Anti-Corruption Commission chairman Hasan Mashhud Chowdhury and high officials of the ministries and offices concerned.
It also asked the officials concerned to prepare the draft of an ordinance on the proposed truth and accountability commission and place it before the cabinet in a month, according to the sources.
An adviser, who also attended the meeting, however, told New Age the meeting had set no timeframe for placing the draft national security council ordinance before the cabinet as the draft needs further thorough examination.
The draft ordinance needs further thorough scrutiny so that no question can be raised by anyone in future about the interpretation of the law, he said.
Both the draft ordinances will be placed before the council of advisers. If the cabinet in principle approves them, they will again be placed before the cabinet for final approval and the president will then promulgate them, said the adviser.
According to the sources, the draft ordinance proposes formation of a 13-member national security council to oversee the
overall administrative and security affairs.
Headed by the president, the council will also include the prime minister or the chief adviser, leader of the opposition in the parliament, ministers or advisers for foreign affairs, finance, home affairs and law, defence secretary, chiefs of the three services, principal secretary to the prime minister’s or the chief adviser’s office and the cabinet secretary.
The president will nominate another one as adviser to the council who will enjoy the status of a minister and act as the secretary to the commission, the draft said.
According to the other proposal, a truth and accountability commission will be formed to enable corruption suspects, especially businesspeople and politicians, to confess crimes to the commission and escape trial depositing the ill-gotten assets with the state exchequer.
The commission will be a three-member institution headed by a former chief justice who retired before the 14th amendment to the constitution that had increased the retirement age of Supreme Court judges.
The two other members of the commission will be nominated from among the secretaries and former officials of the armed forces, according to the proposal.
Persons earlier working in the police or holding the office of an adviser to the caretaker government or election commissioner will not be eligible to become members of the commission.
No legal steps will be taken against people if they confess crimes and deposit the ill-gotten assets with the state treasury unless they get involved in further crimes, said the proposal.
Such persons, however, will have no right to contest any elections, the proposal stipulates.
The people already convicted by any court on any graft charge will have no scope for making confession before the commission to get relieved of the charge, according to the proposal.
The commission will have the power to summon any person. If the people summoned do not respond to the order, the commission may sentence them to a maximum of three years’ imprisonment.
The commission may fine such people or confiscate their assets, but the amount of the fine will not exceed the value of his property.
If any people lie to the commission, it will send them to court for trial, according to the draft.
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