Bangladesh: Death sentence without right of judicial appeal defies human rights law
|Publication Date||17 September 2013|
|Cite as||Amnesty International, Bangladesh: Death sentence without right of judicial appeal defies human rights law, 17 September 2013, available at: http://www.refworld.org/docid/523c04f74.html [accessed 16 January 2018]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Bangladesh should immediately commute the death sentence of Abdul Quader Mollah, Amnesty International said after the Supreme Court increased his sentence from life imprisonment to death following an appeal by the government.
Mollah, a senior leader in the opposition Jamaat-e-Islami party was first sentenced to life imprisonment for crimes against humanity by the Bangladeshi International Crimes Tribunal (ICT) in February 2013. The tribunal was set up in 2010 to try those accused of committing war crimes during Bangladesh's 1971 independence war.
"We are very concerned about the Supreme Court's ruling and the apparent relentless effort by the government to ensure that Mollah could be put to death. We urge Bangladeshi authorities to commute his death sentence, and to impose a moratorium on executions as a first step towards abolishing the death penalty," said Abbas Faiz, Amnesty International's Bangladesh Researcher.
The death sentence was handed down by the highest court in the country, giving Mollah no chance to appeal. The imposition of the death sentence without the possibility of appeal is incompatible with Bangladesh's obligations under international human rights law.
"Imposing a death sentence without the right of judicial appeal defies human rights law. There is no question that the victims of Bangladesh's independence war deserve justice, but one human rights violation does not cancel out another. Executions are a symptom of a culture of violence rather than a solution to it," said Faiz.
"This is the first known case of a prisoner sentenced to death directly by the highest court in Bangladesh. It is also the first known death sentence in Bangladesh with no right of appeal."
Amnesty International opposes the death penalty in all cases without exception, regardless of the nature or circumstances of the crime; guilt, innocence or other characteristics of the individual; or the method used by the state to carry out the