Bangladesh's war crimes tribunal will issue a death warrant for Mohammad Kamaruzzaman once it gets a copy of the Appellate Division verdict, the attorney general has said.
Whether a summary or the full verdict will be sent depends on the Appellate Division, Mahbubey Alam said on Sunday.
"We'll know whether the tribunal's verdict has been upheld or altered once the tribunal gets the Appellate Division's verdict," he said at a media briefing at his office.
"As I've said before, an abridged order will do."
On Nov 3, the top court upheld the death penalty handed down to Jamaat-e-Islami's Assistant Secretary General Kamaruzzaman by the tribunal for his war crimes.
Several hours later, Law Minister Anisul Huq said he had ordered the jail authority to prepare for the hanging of the war criminal.
But the defence claimed the minister went beyond his jurisdiction and said they would file a plea after reviewing the verdict. They also said they were not thinking about seeking presidential mercy before that.
Rumours that Kamaruzzaman may be executed anytime spread after the prosecution-defence spat created ambiguity.
Alam said, "Once the tribunal gets the Appellate Division order copy, it will only issue a death warrant if the death penalty is upheld. It (the warrant) will be sent to the jail.
"The convict will be informed that his sentence had been upheld and that a warrant has come."
He said the ambiguity over filing review will be cleared once the Appellate Division's full verdict scrapping war crimes convict Abdul Quader Molla's review was published.
Responding to another question, Alam said, "The defence say they will file a review plea. I've said this before that there's no scope for a review."
"All confusions will be cleared once we get Quader Molla's review verdict," he added.
Alam further said the defence would try to do something once the verdict on Molla came out. "Then the court's stance will be clear."
Kamaruzzaman will get 7 days to seek presidential mercy, starting from the day he is informed of the top court's decision. When asked if Kamaruzaman's execution would be halted until Molla's review verdict was published, the attorney general said: "No, unless the Appellate Division orders so."
Source: bdnews24.com,Nov. 9, 2014
Halt Kamaruzzaman's execution: HRW
Trial seriously flawed, the rights body says
The death sentence against war criminal Muhammad Kamaruzzman should immediately be stayed, Human Rights Watch said today.
The Jamaat-e-Islami leader should be granted a right to appeal against the death sentence, said a statement of the New York-based rights body published in its website.
The HRW is deeply concerned at news that the government has ordered the authorities at Dhaka Central jail to make preparations for the execution of Kamaruzzaman convicted of war crimes committed during Bangladesh's 1971 War of Independence.
"Human Rights Watch opposes the death penalty in all circumstances as an irreversible, degrading, and cruel punishment," said Brad Adams, Asia director at the HRW.
"It is particularly problematic when proceedings do not meet fair trial standards and where the right to appeal against a death sentence by an independent court is not allowed," the director added.
The statement said Kamaruzzaman was transferred to Dhaka Central Jail following the appeals verdict, a signal that his execution is imminent.
He and his counsel have yet to receive the full text of the final verdict, which is necessary for him to be able to lodge a petition for review of the decision within 30 days, a standard procedure in all death penalty cases.
Government officials have indicated that the execution is possible before the full verdict is issued which goes against standard policy in death penalty cases, the HRW alleged.
A presidential pardon, technically possible, is highly unlikely in these politically charged cases, it said.
Kamaruzzaman was originally arrested in July 2010 on the orders of a special tribunal set up to prosecute war crimes committed during the 1971 war.
He was given no reason for his arrest, leading to the UN Working Group on Arbitrary Detention to classify his arrest as arbitrary and a violation of international law, it claimed.
Following a trial replete with procedural defects, Kamaruzzaman was sentenced to death in May 2013 after the International Crimes Tribunal found him guilty of participation in and planning of the unlawful killings of civilians in the village of Sohagpur in collaboration with the Pakistani army.
On November 3, the Supreme Court on appeal upheld the trial court's conviction. Kamaruzzaman's death sentence was the third in a war crimes case in less than a week.
Human Rights Watch noted that trials before the ICT including that of Kamaruzzaman have been replete with fair trial concerns. In Kamaruzzaman's case, defence evidence, including witnesses and documents, were arbitrarily limited. Inconsistent prior and subsequent statements of critical witnesses were rejected by the court, denying the defence a chance to challenge the credibility of prosecution witnesses.
This follows a disturbing precedent from other cases. In December 2013, Abdul Qader Mollah was hanged following hastily enacted retrospective legislation which is prohibited by international law, the HRW said.
Another accused, Delwar Hossain Sayedee, was convicted in spite of credible allegations of the abduction by state forces of a key defence witness with the ICT refusing to order an independent investigation into the charge, it said.
Human Rights Watch, the journalist David Bergman, and members of The Economist have all been tried for contempt for publishing articles critical of the trials, the statement mentioned.
The HRW reiterated its long-standing call on the government of Bangladesh to restore fundamental rights protection to the war crimes accused.
Article 47A (1) of the constitution specifically strips war crimes accused of their right to certain fundamental rights, including the right to an expeditious trial by an independent and impartial court or tribunal, and the right to move the courts to enforce their fundamental rights.
This pernicious amendment to the constitution allows the ICT overly broad discretion to deny these accused the rights and procedures accorded to other criminal accused.
"Human Rights Watch has long supported justice and accountability for the horrific crimes that occurred in 1971, but we have also stated repeatedly that these trials must meet international fair trial standards in order to properly deliver on those promises for the victims," Adams said.
"Delivering justice requires adhering to the highest standards, particularly when a life is at stake. The death penalty is irreversible and cruel, and Bangladesh needs to get rid of it once and for all," he said.
Source: The Daily Star, Nov. 9, 2014
