Article 47A Rights not available to persons under Article 47(3) laws
Inapplicability of certain articles
It defines the special legal position of those tried for international crimes in Bangladesh, including high-profile accused since 2024. It explains why they cannot file constitutional writ petitions.
A person is charged before the International Crimes Tribunal with crimes against humanity. The 1973 Act is a law protected by Article 47(3), so Article 47A applies to the accused. The same applies to any individual, group or organisation covered by such a law.
Under clause (1), the accused cannot rely on Article 31, Article 35(1) on retrospective laws, Article 35(3) on speedy and public trial, or Article 44 on enforcing rights in the High Court Division. Other rights, such as the ban on torture, are not excluded.
Clause (2) bars the accused from moving the Supreme Court for any constitutional remedy. A writ petition challenging the trial or the 1973 Act under Article 102 is therefore not available. Any challenge must be raised within the tribunal process itself.
After a verdict, the accused or prosecution can appeal to the Appellate Division under the 1973 Act. In 2013 the Appellate Division held it could still review its own judgment despite Article 47A(2). The review petitions were, however, dismissed on their merits.
In plain English
How Article 47A works
Article 47A removes certain rights from people to whom a law protected by Article 47(3) applies, which in practice means people accused under the International Crimes (Tribunals) Act 1973. Clause (1) says they cannot rely on Article 31 (protection of law), clauses (1) and (3) of Article 35 (no retrospective offences or penalties, and a speedy and public trial by an independent court) or Article 44 (enforcing rights in the High Court Division). Clause (2) says they cannot move the Supreme Court for any of the remedies under the Constitution, such as writ petitions. Their right of appeal comes instead from the 1973 Act itself, which provides an appeal to the Appellate Division.
In practice
Article 47A was inserted by the First Amendment 1973 together with Article 47(3). It has shaped the trials of 1971 war crimes since 2010. In the Abdul Quader Mollah review (12 December 2013), the Appellate Division held that Article 47A(2) did not oust its power to review its own appellate judgment, but dismissed the review on the merits. Since 2024, the article applies to people tried for crimes during the July 2024 uprising, including the defendants sentenced by International Crimes Tribunal-1 on 17 November 2025, as reported. Because clause (3) of Article 47 now covers organisations, Article 47A may also affect organisations proceeded against under the 2025 ordinance.
The text
What Article 47A says
[47A. (1) The rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies.
(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 2013
Abdul Quader Mollah v Chief Prosecutor, International Crimes Tribunal (review)
Held that Article 47A(2) did not oust the Appellate Division's own power to review its judgment in an International Crimes Tribunal appeal, but dismissed the review petitions on the merits on 12 December 2013.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- First Amendment 1973Article 47A was inserted by section 3 of the Constitution (First Amendment) Act 1973.
Connected provisions
Related articles
Questions
Article 47A: frequently asked questions
What is Article 47A of the Constitution of Bangladesh?
Article 47A says that Article 31, clauses (1) and (3) of Article 35 and Article 44 do not apply to persons covered by a law protected under Article 47(3), and that such persons cannot move the Supreme Court for constitutional remedies.
Can a person tried by the International Crimes Tribunal file a writ petition?
No. Article 47A(2) bars anyone to whom an Article 47(3) law applies from moving the Supreme Court for any constitutional remedy. They can appeal to the Appellate Division under the International Crimes (Tribunals) Act 1973, and in 2013 the Appellate Division held review is also available.
Sources
- Laws of Bangladesh: The Constitution, Article 47A
- Supreme Court of Bangladesh: Abdul Quader Mollah v Chief Prosecutor, Criminal Review Petition Nos 17-18 of 2013
- Dhaka Tribune: Attorney General on the ICT-1 verdict (17 November 2025)
- Dhaka Tribune: Govt empowers ICT to ban political parties over war crimes links (May 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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