bdnews24.com :
International Crimes Strategy Forum (ICSF) has demanded amendment of Article 49 of the Constitution as it expressed disappointment over commuting the death sentence of Jamaat-e-Islami leader Delwar Hossain Sayedee to imprisonment until death by the Supreme Court.
Article 49 of the Constitution contains the provision of Presidential “prerogative of mercy.”
The ICSF, in a media statement issued after the appeal verdict on the Jamaat leader was pronounced on Wednesday, stated that the article should be amended by “specifically excluding individuals from its remit who have been convicted and sentenced for international crimes.”
The Appellate Division headed by Chief Justice Md Muzammel Hossain reduced Sayedee’s death sentence to imprisonment for his crimes against humanity during Bangladesh’s Liberation War in 1971.
“The existing power of the President under the current provision ‘to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority’ – has a history of being abused for political and other considerations.
“(It is) a possibility that ICSF believes must be prevented in cases of sentenced perpetrators of international crimes,” the statement issued by ICSF members Dr Rayhan Rashid, Dr Ahmed Ziauddin and M Sanjeeb Hossain said. It said the amendment was absolutely essential to ensure that the Supreme Court’s verdicts of ‘imprisonment till death’ in case of Sayeedi, and in all future cases were truly implemented without any interference. “Only such an amendment can ensure justice for the victims of 1971 crimes, end impunity and establish rule of law,” the ICSF observed.
It pointed out that Sayeedi case, which was the first of its kind under the International Crimes (Tribunals) Act, 1973, faced great difficulties from its inception and was subjected to the greatest extent of conspiracies from quarters striving to derail the justice process.
“This included, among others, the abduction of a key prosecution witness, defence obtaining the register of prosecution witnesses in the safe house, hacking of personal computers of ICT judges and illegal interception of their personal communications etc – all during the trial of Sayeedi,” it recalled.
“The case faced the highest number of challenges from the Defence Counsel and the International Crimes Tribunal can take pride in the fact that it heard every single petition filed before it before disposing them,” it added.
