1700 convicts in condemned cells

Prothom alo illustratio.
Prothom alo illustratio.

Militant leader Mufti Abdul Hannan and eight other convicts were sentenced to death 18 years ago in the Ramna bomb blast case. Mufti Hannan was hanged in connection with another case. The death reference and appeal in the Ramna killing case remains pending in the Supreme Court. Similarly, the court sentenced 14 persons to death five years ago in the sensational 10 truck arms case. That too remains pending approval of the High Court.

A total of 1,704 convicts wait in the condemned cells for the final court verdict. The death reference hearing of many of their cases is being held in the High Court. The death reference hearing of some of the cases has been completed and the accused have filed appeal with the Appellate Division where the cases remain pending.

The home ministry sent a letter to the law ministry on Wednesday, asking that the state counsel to settle these cases pending in the Supreme Court without further delay.

The letter stated that till 30 June this year, among the convicts sentenced to death in various jails of the country, there are 1,467 unresolved cases with the High Court and 237 with the Appellate Division. These cases have been under trial for between 6 months to 15 years.

According to relevant sources, from May 2015 to May 2019, the appeal of 48 convicts sentenced to death has been settled. The law has no deadline for settling death references. However, the cases pertaining to the murders of Rajib and Rajan, the Saudi embassy official Khalaf Al Ali, the sensational Narayanganj seven-murder, and the Pilkhana killing, were settled once the paper book was prepared.

According to prison officials, delay in preparing the paper book keeps the death references pending for years on end. With the cases remaining unsettled for years after years, the accused and those seeking justice are both frustrated. Convicts awaiting final decision in the condemned cells undergo immense mental pressure. And over half the jail guards are deployed to keep watch on this large number of convicts and so cannot pay due attention to the other inmates. Then again, in some cases the Supreme Court may lessen the sentences meted out by the judicial court. That is why it is imperative for the death references to be settled as soon as possible.

Senior lawyer of the Supreme Court Khandakar Mahbub Hossain on Thursday told Prothom Alo that the government has no idea of what pitiful lives the convicts condemned to death are living and so do fail to take action. He said, the lower courts almost every day pass death sentences, but there is a shortage of judges with the experience to conduct such cases. Appointing experienced judges on an ad hoc basis could be a solution to the problem.

Home minister Asaduzzaman Khan, speaking to Prothom Alo, said, “We have requested the law ministry to take rapid steps to settle the death references and appeal cases pending with the Supreme Court. We are monitoring the matter. Also, the relevant persons of the law and justice department hold regular meetings in this regard. It has been said that initiative will be taken to conduct special hearing of the cases pending for over 10 years.”

The High Court’s approval is needed to carry out the death sentences passed by the judicial court. This is known as the death reference. After the High Court decision, the accused can appeal with the Appellate Division. The accused can also appeal again after the decision of the Appellate Division.

In preparation of the death reference hearing, a paper book is prepared comprising the case description, charge sheet, deposition of the witnesses, the verdict of the judicial court, and so on.

When asked what the state is doing to speed up the process of these cases, law minister Anisul Huq told Prothom Alo, “We are taking necessary action regarding these condemned convicts. We want the sentences of those condemned to death to be carried out speedily. The death reference hearing and settlement of several such cases are being dealt with on a priority basis after the preparation of the paper book.”

Sensational cases in death reference

The Speedy Trial Tribunal -2 of Dhaka condemned 10 persons to death on 20 August 2017 under the Special Powers Act for the attempting to kill the prime minister Sheikh Hasina with a bomb planted in Kotalipara, Gopalganj. Almost 17 years after the incident, the death reference hearing was taken up in the High Court after the lower court verdict.

Ten persons were killed in the militant attack on 14 April 2001 at Ramna during the Bangla New Year celebrations. Around five years ago the judicial court condemned eight persons to death in this case and sentenced another six to life. The murder case is now under trial at the High Court. The death reference and jail appeal is at the hearing stage.

On 27 April 2014, members of the Rapid Action Battalion (RAB) set up a check post at Lamapara along the Dhaka-Narayanganj Link Road and halted the vehicle of councillor Nazrul.

They picked up Nazrul, three of his associates and the driver. Lawyer Chandan Sarkar, who happened to be passing, witnessed the incident and so he too was picked up along with his driver.

All of them were later killed and thrown into the river. Six of their bodies were later discovered on 30 April and one more on the next day.

Then on 16 January 2016 the lower court condemned 26 persons to death and nine others to sentences of various terms in this sensational case.

The death sentences were placed with the High Court for approval. And also 20 accused persons appealed to the High Court against the sentences.

On 22 August 2017 the death reference and appeal hearing were completed and the death sentence of 15 persons was upheld.

The High Court lessened the death sentence given by the lower court against 11 of the accused to life imprisonment. The full verdict of the High Court was published on 19 November 2018.

The accused then appealed to the Appellate Division and the hearing of this writ remains pending.

* This piece appeared in the print edition of Prothom Alo and has been rewritten in English by Ayesha Kabir