ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014 Order: 02 December 2014 termed as an effort of making the Tribunal’s daily proceedings public through posting articles in his personal blog. (2) Article titled ' Azad Judgment Analysis 1: in absentia trials and defence inadequacy' [Second Article in question] 48. The article titled “Azad Judgment analysis 1; in-absentia trials and defence inadequacy” circulated on 26.01.2013 in contemnor’s personal blog chiefly refers to criticism concerning the observation of the Tribunal [ICT-2] in its judgment passed in the case of Abul Kalam Azad case. The essence of the criticism that the contemnor made in this article is that the observation of the Tribunal that the in absentia trial did not reflect international standards as has been ensured by the European Court of Human Rights and the statute of the Special Tribunal for Lebanon [STL]. 49. By this article circulated in his blog the contemnor questions the validity of holding trial in absentia [in the case of Abul Kalam Azad] terming it ‘misleading’. It is to be noted that this Tribunal is guided by the Statute of 1973 which contemplates the provisions of holding trial in absentia. In the judgment of Abul Kalam Azad’s Case, simply as a reference, the provisions relating to holding trial in abesntia in the STL has been highlighted. It was known too that the STL Statute provides provisions of holding ‘fresh trial’ as well, on subsequent appearance of the convicted accused person. Thus the Tribunal is concerned only on holding trial in abesntia under the Act of 1973. The Tribunal inevitably had acted in accordance with the provisions laid down in the Act of 1973 and not under any other Statute. The Tribunal observed, on this issue as below: The Act of 1973 provides provision of holding trial in abesntia, if the appearance of the accused could not be ensured for the reason of his absconsion [Section 10A (1) of the Act]. In the international context, the issue of trials in absentia arose with the first modern international criminal tribunal, the International Military Tribunal (IMT) at Nuremberg, which was established to try war criminals operating under the European Axis Powers during World War II. Article 12 of the Charter of the International Military Tribunal allowed for trials in absentia whenever the Tribunal found it necessary to do so in the interest of justice. Famously, Martin Bormann, who 15