Staff Reporter :The death sentence against Muhammed Kamaruzzaman, a leader of the Jamaat-e-Islami party convicted of war crimes during Bangladesh’s 1971 war of independence, should immediately be stayed. Kamaruzzaman should be granted a right to appeal against the death sentence, said Human Rights Watch (HRW) on Sunday. Expressing deep concern at news that the government has ordered the authorities at Dhaka Central jail to make preparations for the execution of Kamaruzzaman, the HRW said, Kamaruzzaman was transferred to Dhaka Central Jail following the appeals verdict, a signal that his execution is imminent. Kamaruzzaman 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 thirty 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.”HRW opposes the death penalty in all circumstances as an irreversible, degrading, and cruel punishment,” said Brad Adams, Asia director at Human Rights Watch. “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.”A presidential pardon, technically possible, is highly unlikely in these politically charged cases.Human Rights Watch noted that trials before the ICT, including that of Kamaruzzaman, have been replete with fair trial concerns. In Kamaruzzaman’s case, defense evidence, including witnesses and documents, were arbitrarily limited. Inconsistent prior and subsequent statements of critical witnesses were rejected by the court, denying the defense a chance to challenge the credibility of prosecution witnesses. An application by the defence to recuse two judges for prior bias was summarily rejected. 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.”
