CR I MI N A L L AW A N D FAIR T RIAL RIGHTS P ROTECTIO N N OT ES By virtue of Section 6, the Government is authorized “in the public interest” to transfer any case involving murder, rape, firearms, explosives, or narcotics to the jurisdiction of the Speedy Trial Tribunal, with notification in the Official Gazette. Such transferred cases are to be resumed at the same stage as when they were transferred (including admitted evidence), and should be disposed of within 90 working days, with the possibility of extending this deadline by 30 days (with written notification sent to the Supreme Court and Government), and an additional 15-day extension upon request to the Supreme Court (Section 10). Failure to dispose of a case within this timeframe results in the case being returned to the originating court (Section 10.3). Cases transferred to a Speedy Trial Tribunal are subject to the procedures for Summary Trials as laid out in Chapter 23 of the CrPC, unless the offence in question carries a maximum sentence of more than seven years’ imprisonment, in which case the procedures for trials by Magistrate in Chapter 20 are to be followed. If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal Aid Services Act and be afforded legal and constitutional guarantees of presumption of innocence, prompt notification of charges, and the right to appeal as per Articles 31, 32, 33, 35, and 44 of the Constitution, and in accordance with the provisions of the CrPC. Indeed, Rohingya who are tried by a Speedy Trial Tribunal have the right to appeal any judgment or order issued by the Tribunal with the High Court Division within 30 days, not counting the number of days needed to receive a signed copy of the judgment from the Tribunal (Section 14). By virtue of Section 16, while video/audio recordings are admissible as evidence in cases being heard by a Speedy Trial Tribunal, such evidence may not provide the sole grounds for conviction. Given the constitutional and human rights implications raised by the Speedy Trial Tribunal Act,41 Rohingya accused of committing crimes under this Act should wherever possible not be tried in Speedy Trial Tribunals. Discretion should be exercised to return such cases to originating courts for normal procedures. Pornography Control Act, 2012 S UMMARY Defines a number of offences related to the production, dissemination, supply, sale, purchase, display, and advertisement of pornographic materials, including the use of pornography to blackmail or extort. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to any person, without reference to citizenship. Therefore, Rohingya in Bangladesh charged with the following offences (defined in the Act as cognizable and bailable) are covered by this Act: • Production or contracting the production of pornography. • Harming the “social or personal status” of a person through pornography or extortion through possession of pornography. • Dissemination of pornography via the internet, mobile phone, or other electronic device. • Creating a public nuisance by displaying pornography. • Selling, renting, distributing, supplying, displaying, and promoting pornography. • Use of a child to produce, distribute, print and/or publish, sell, supply, advertise, or display child pornography. • Aiding and abetting any of the above offences. 41 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH