Amnesty International Appeals for commutation and Govt refutes
State counsel slates AI clemency call
Amnesty International Public Statement:
AI index: ASA 13/007/2009
November 20th2009
Bangladesh: Appeals for commutation of death sentences
Amnesty International calls on the Bangladesh authorities not to carry out death sentences against five men found guilty of the killing 34 years ago of then President Sheikh Mujibur Rahman, and members of his family.
Amnesty International opposes the death penalty in all cases regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner. The death penalty violates the right to life as proclaimed in the Universal Declaration of Human Rights. It is the ultimate cruel, inhuman and degrading punishment.
President Zilur Rahman should commute yesterday’s death sentences as a matter of urgency. All other death sentences should also be commuted.
The killing of Sheikh Mujibur Rahman and his family members were grave human rights abuses, and those who committed them should be brought to justice. However, bringing people to justice must not itself violate the human rights of the accused.
Sheikh Mujibur Rahman and most of his family members were killed when a group of military officers entered his house and opened fire on them in an attempted coup on August 15th1975.
Then acting President Kondaker Mushtaq Ahmed and his successor, President Ziaur Rahman, had granted the accused officers immunity from prosecution. It was lifted by Sheikh Hasina when she became Prime Minister in 1996.
The Supreme Court’s verdict marks the final stages of the judicial processes open to these prisoners to appeal against their convictions. The prisoners can appeal to the Supreme Court for a review of the verdict but the final decision for a commutation of their death sentences sits with the President. Amnesty International calls on President Zilur Rahman to use his constitutional power to stop their execution.
Amnesty International also appeals to Prime Minister Sheikh Hasina to request President Zilur Rahman to commute the death sentences.
Moreover, Bangladesh should immediately establish amoratorium on executions with a view to abolishing the death penalty.
Background
The United Nations General Assembly adopted resolution 62/149 on 18 December 2007, calling for a worldwide moratorium on executions. The resolution was adopted by an overwhelming majority of 104 UN member states in favour, 54 countries against and 29 abstentions.
Although not legally binding, the UN resolution on the moratorium on executions carries considerable moral and political weight. The resolution is a reminder of member states’ commitment to work towards abolition of the death penalty. It is also an important tool to encourage retentionist countries to review their use of the death penalty.
Another resolution on the death penalty was adopted by the UN General Assembly on 18 December 2008 on the implementation of the 2007 UNGA resolution 62/149. 106 countries voted in favour, 46 against and 34 abstentions.
On 8 November 1998, a Dhaka court sentenced 15 of the 20 men accused of the murders to death. They were Syed Farooq-ur Rahman, Sultan Shahriar Rashid Khan, Muhiuddin Ahmed, AKM Mahiuddin Ahmed, Bazlul Huda, Khandaker Abdur Rashid, Shariful Haque Dalim, Ahmed Shariful Hossain, AM Rashed Chowdhury, SHMB Noor Chowdhury, Md Abdul Aziz Pasha, Md Kismat Hashem, Nazmul Hossain Ansar, Abdul Mazed, and Moslemuddin.
The case went for an appeal hearing to the High Court and on 14 December 2000, the high court delivered a split verdict. One judge upheld the death sentence for 10 of them and acquitted the other five. A second judge upheld the death sentences on all 15 defendants. The case then went for another hearing to a different High Court judge who delivered the final High Court verdict on 30 April 2001, upholding the death sentence for 12 of the defendants. The other three, who were acquitted, are Md Kismat Hashem, Ahmed Shariful Hossain, and Nazmul Hossain Ansar.
Five of those convicted who are already in detention in the Dhaka Central Jail had appealed to the Supreme Court against their death sentences. They are Syed Farooq-ur Rahman, Sultan Shahriar Rashid Khan, Mohiuddin Ahmed, AKM Mohiuddin Ahmed, and Bazlul Huda. Yesterday’s Supreme Court verdict is a ruling on their appeal. The other convicts are not in Bangladesh and were tried in absentia.
Ends
Public Document
State counsel slates AI clemency call
Dhaka, Nov 22 (bdnews24.com) – Anisul Huq, chief state counsel in the Bangabandhu murder case appeals, has criticised Amnesty International for its call to commute the death sentences of the condemned killers.
Amnesty, which seeks a worldwide moratorium on the death penalty, has urged Bangladesh to give clemency to the killers, who face execution by hanging, in this high-profile case.
Huq said Sunday he was surprised at AI’s statement released on Friday.
He said the organisation should consider the nature of the 1975 incident, in which the country’s founding father Sheikh Mujibur Rahman was killed along with most of his family members.
“Execution by hanging is carried out in different countries for the murders of innocent children and women.”
“And in this case, it was also the assassination of a renowned leader who earned love of the people of the country,” said the lawyer.
“Who is Amnesty, can they bring the dead back alive?” he asked.
The Supreme Court on Nov 19 rejected the appeals of the five former officers sentenced to death for the murder of Sheikh Mujibur Rahman and most of his family members, sealing the long-drawn case proceedings more than 34 years after the killings.
The long-awaited judgment cleared the way for hanging of all 12 former army officers convicted of the August 1975 assassination, six of whom are fugitives, one of whom has since died.
Amnesty International, in its statement, said the murder of Sheikh Mujib and his family members on Aug 15, 1975 were grave human rights abuses and the killers should be brought to justice.
“However, bringing people to justice must not itself violate the human rights of the accused,” the international human rights watchdog said.
“Amnesty International opposes the death penalty in all cases regardless of the nature of the crime, the characteristics of the offender, or the method used by the state to kill the prisoner,” said AI.
It urged president Zillur Rahman to commute the death sentences “as a matter of urgency” and also urged prime minister Sheikh Hasina to request the president to commute the sentences.
Anisul Huq said the convicts can seek clemency from the president within seven days. “If a response is not given within 15 days, the jail authority will request a decision.”
“The execution will be halted until the mercy petition is resolved.”
The execution will take place between 21 and 28 days of the final resolution of the mercy petition, he said.
The execution may also be halted if the jail authority is informed about a review petition,” he added.
Lawyers of the condemned men say they are already moving to submit a review petition to the Supreme Court, which seeks to have the court records reviewed.
http://www.thedailystar.net/newDesign/news-details.php?nid=115233
Meanwhile, the chief state counsel Anisul Huq yesterday asked the Amnesty International (AI) to refrain from making request for commuting the death sentence on the former army officers convicted of the murder of Bangabandhu Sheikh Mujibur Rahman.
Following the November 19 verdict, the UK-based human rights watchdog in a statement urged Bangladesh government not to execute the condemned convicts.
The chief state counsel, however, questioned the merit of such request and said the killers do not deserve remission of capital punishment, as their offence was dreadful.
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I think the nation should defer to Sheikh Hasina and respect her decision whether the killers of her entire family should be shown mercy or walk the gallows.
The decision is hers to make.
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“The decision is hers to make”- Only the almighty should have that luxury.
And based on that simple premise, capital punishmnet is wrong. It is also wrong in many levels.
A commutation of the sentence is the right thing to do. They have been found guilty and life in prison is an adequate punishment.
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fugstar Reply:
November 24th, 2009 at 7:45 pm
Qisas/Diyya, or retribution/compensation is probably what we are pointing to here. However i thought it was part of the ‘right-thinking’ way of life to lampmoon all elements of Islamic legal culture, opting for whatever white people have to say or talking about pakistan.
Looks to me like these principles are there to give the victims of crime participation in the justice system. SHW has had quite a bit of participation in the justice system. Her will reflects the place she’s in. Its not really my business, despite the political stuff involved. This kind of stuff really split up the sahabas after the time of the Prophet, needless to say its essential to the human drama. It might even be SHW’s own mini Kerbala.
These principles of justice should also be available to all those who were wronged by SHWs brothers and mother. Others pulled the triggers but their’s and other’s actions made their family leader a liability.
As well as a warning to the kinds of people who kill illegally, a sharp rebuke should be given to those who exploit their fathers/mothers name and status.
Those who talk loudly against forced marriages could also note the injustices perpetrated some of the victims here. Just for the collective amnesia and to distinguish them from those who had done now wrong.
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jyoti Reply:
November 26th, 2009 at 5:59 am
Fug, it is true that many ‘rights-thinkers’ have a tendency to ‘lampoon all elements of Islamic culture, opting for whatever white people have to say or talking about pakistan’. Just as it is also true that many ‘faith-thinkers’ limit the application of shariah to matrimonial and inheritance laws, as if Islam has nothing to say for things other than bibi talak, dorra and lesser rights of women.
But beyond these caricatures, surely there is a lot in Islamic philosophy that oughtt to be seriously discussed for their appropriateness (or lack thereof) in today’s Bangladesh.
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fugstar Reply:
November 26th, 2009 at 5:57 pm
True say.
Where is the space for that exploration and negotiation?
In order to bypass kudos blocks. Maybe we need to import some white converts with arab money to bangladesh, to create a coherent space such as that. Maybe they can marry into the locally captive minded classes and give their neices and nephews some airconditioned jobs in development.
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All the killers are now more than 65 years old. They committed the crime 34 years ago and had been living in luxury since then. Our state machineries made them honorable ambassadors of Bangladesh. ‘Life in prison’ seems to much clemency shown to these heinous perpetrators. They had already have their share of life in luxury and if all they get is a 5-10 years stay in prison, we ll see many more occurrences of 15th Augusts in future.
Anyways, it is known that Amnesty International opposes death sentence in every case. So there is nothing new in their appeal to the govt. On the other hand, the peoples republic of Bangladesh has its own laws regarding death sentence. If a trial conforms to the international standards and if someone is found guilty without doubt, death sentence or whatever punishment, we have the right to carry on the sentence without feeling ashamed.
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There was public goodwill and sympathy when this verdict was announced. Now, the Awami League government and people affiliated with them have started squandering that goodwill. Adv. Anisul Huq’s strident attack on AI for asking for clemency was not fitting with a lawyer of his stature. If the death sentences are not commuted, then they are not commuted, but that does not mean that people can’t even ask for consideration.
Next, Sheikh Mujib’s birthday has also been declared a national holiday. In my limited knowledge, I do not know of any state that has a national holiday for a person’s birthday, and another national holiday on another day for that person’s death anniversary. And finally, there’s the new decision that all Taka notes, for all currencies, shall bear his image from now on.
I wish the government would realize that Sk. Mujib’s place in history will be decided by succeeding generations of Bangladeshis. And that will happen long after this government is gone.
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Known criminals must be brought to justice. That’s something we can all agree on. Not to commute a death sentence is barbaric, as barbaric as those who committed the crime. Bangladesh is now over 30 odd years old, so, let’s show the criminals that they’ve failed to infect us with their barbarity.
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AI did not question the fairness of judicial procedure of Bangladesh. It’s letter rather pointed out that the justice took its due course. The objection came solely from its’ policy of propagating for the abolition of capital punishment. It rutinely make such appeal to the cases all over the world including cases in USA. Although I do not support capital punishment, cosider the following:
- Can you ensure 100%, that an innocent person will never be sent to gallow? Does jury or the judges be right in all the cases? Recent DNA evidence has proved several death-row inmates innocence in the USA. Is beyond resonable doubt enough to take a life.
- Yes, killers of Mujib and his family members was just barbarism. Is was a massacre and crime against humanity. But I believe suffering in the condemed cell is more punishing than a few munite pain of suffocation while hanged by rope.
- Society set the standard for punishment for crime. Bangladesh as a nation has every right to set the standard and AI has its right to appeal for commutation.
- Death penalty is just killing sanctioned by society (my personal opinion).
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The assassins and killers are incurring heavy expenses on the public treasury. They should have been hanged long time back. It is Khaleda Zia and Jamaat who have protected the killers from execution.
I demand that they be hanged on December 16, 2009-not a day later! Had it been possible they should have been hanged as many times as the number of people they have killed. I hope on the day of judgement they will be resurrected as many times and hanged repeatedly for the gruesome serial murders on August 15 and November 3, 1975. DEATH TO THE KILLERS!
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http://bdnews24.com/details.php?cid=2&id=148301&hb=5
AI urges clemency for Bangladeshi in Bahrain
London, Dec 5 (bdnews24.com)—Amnesty International is appealing to the King of Bahrain to stop the execution of a Bangladeshi man, currently facing what would be a rare execution in the country.
Jassim Abdul Mannan is facing death by firing squad unless the Bahraini king, Shaikh Hamad bin Issa Al Khalifa, grants clemency.
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