Oct 3, 2013 | News
Following Pakistan’s reinstation of its moratorium on the death penalty, the ICJ calls on the Government to make the moratorium permanent and to move to abolish the death penalty in national law.
“This is a step forward for human rights in Pakistan,” said Sam Zarifi, ICJ’s Asia-Pacific Director. “It brings Pakistan closer to the regional and worldwide trend towards abolishment of the death penalty.”
Pakistan has had a moratorium on the death penalty in place since June 2008, with only the exception of Muhammad Hussain’s execution in November 2012 following a court martial.
The newly elected Pakistan Muslim League (Nawaz) Government decided not to renew the moratorium when it expired in June 2013.
The ICJ and other human rights groups denounced the move and urged Pakistan to immediately adopt a moratorium on the death penalty, prompting the Government to reconsider its decision.
According to the Interior Ministry spokesperson, today’s decision was taken to meet Pakistan’s international human rights obligations.
Pakistani Taliban also warned the Government that they would launch retaliatory attacks if any of their members were executed.
“This brave move by the government should be the first step toward reestablishing the rule of law and providing accountability in Pakistan,” Zarifi added. “The Government should now ensure that members of armed groups like the Taliban who have carried out serious human rights abuses like extrajudicial executions and attacks on civilians are held to account.”
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002; email: sam.zarifi(a)icj.org
Oct 1, 2013 | News
The ICJ denounces the death penalty handed down today by the International Crimes Tribunal (ICT) to Salauddin Quader Chowdhury, a member of the Bangladesh Nationalist Party, the main opposition party.
If carried out, the sentence would violate Bangladesh’s international law obligations to protect the right to life and freedom from cruel, inhuman, or degrading punishment, the ICJ states.
The International Crimes Tribunal convicted Chowdhury (photo) on nine of 23 charges, including murder and genocide, and sentenced him to death.
“The Bangladesh Tribunal is one of very few transitional justice mechanisms that have imposed the death penalty,” said Sam Zarifi, ICJ’s Asia-Pacific Director. “It is unfortunate that Bangladesh seeks to punish human rights violations by committing rights violations itself.”
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
This is the seventh verdict delivered by the International Crimes Tribunal. Death sentences have been handed out in all but one case.
”Bangladeshi law as well as international human rights standards require that death penalty cases receive a fair and thorough review, so it is crucial that appellate review of these cases proceed properly, without undue political pressure or a timeline established by impending elections in or before January 2014,” Zarifi said.
“Those responsible for the horrific war crimes and crimes against humanity during Bangladesh’s war of liberation in 1971 should be brought to justice in processes that are fair, and seen to be fair, instead of being subjected to vengeance,” he added.
Contact
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002; email: sam.zarifi(a)icj.org
Sep 25, 2013 | News
The ICJ continues to be disappointed over the continued arbitrary detention and refusal of bail of Secretary of human rights organization, Odhikar, and Supreme Court Advocate Adilur Rahman Khan.
The ICJ urged the Bangladeshi authorities to drop their opposition to Adilur Rahman Khan’s bail application.
On 25 September 2013, a cyber crimes tribunal in Dhaka refused Adilur Rahman Khan’s bail application. He had earlier been denied bail on 11 August 2013 and 9 September 2013.
“Adilur Rahman Khan is being arbitrarily detained for his lawful exercise of the right to freedom of expression and his legitimate work as a human rights defender,” said Ben Schonveld, ICJ’s South Asia Director. “What we are seeing is a Government crackdown on voices of dissent.”
Under international law, all persons are presumed innocent until proven guilty.
Under Article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, there is a presumption of pre-trial release.
A person can only be denied pre-trial release where it is reasonable and necessary in all of the circumstances to prevent absconding, interference with evidence or recidivism.
“The Government cannot show that Adilur Rahman Khan poses a flight risk,” Schonveld added. “In fact, he faces a serious threat of torture and ill-treatment during detention, as documented by Odhikar and other human rights organizations.”
The ICJ reiterates its call on Bangladesh to immediately and unconditionally drop all charges against Adilur Rahman Khan and Nasiruddin Elan, ensure Adilur Rahman Khan is treated in accordance with international law in custody, and cease its harassment of Odhikar.
Contact
Ben Schonveld, ICJ South Asia Director (Kathmandu), t: +977 14432651; email: ben.schonveld(a)icj.org
Sep 17, 2013 | News
The ICJ said that the death sentence handed down today by Bangladesh’s Supreme Court against Abdul Quader Mollah is incompatible with international principles of fair trial.
If carried out, the sentence would violate his right to life and freedom from cruel, inhuman, or degrading punishment.
On 17 September 2013, the Appellate Division of the Supreme Court of Bangladesh upheld the prosecution’s appeal to impose the death sentence on Abdul Quader Mollah (photo), the assistant Secretary-General of Jamaat-I-Islami.
Abdul Quader Mollah had received a life sentence on February 5, when the International Crimes Tribunal (ICT) convicted him on five counts, including murder and rape.
“The prosecution’s appeal to impose the death sentence on Abdul Quader Mollah was based on a law that was not in force when he was first convicted, and applying that law retroactively, especially for the death penalty, violates international law,” said Sam Zarifi, ICJ’s Asia-Pacific Director.
On 17 February 2013, Parliament passed an amendment to the International Criminal (Tribunals) Act 1973 to enable prosecutors to appeal a life sentence and seek the death penalty.
Before this amendment, the prosecution was only allowed to appeal if the accused was acquitted.
The ICJ says the retrospective application of the amendment in Abdul Quader Mollah’s case is incompatible with Bangladesh’s obligations under the International Covenant on Civil and Political Rights (ICCPR), including Article 15, which prohibits the imposition of a heavier penalty than provided for at the time the criminal offence was committed.
“Judgments such as these highlight the serious problems with the war crimes tribunal that undermine its legitimacy,” Zarifi further said. “The wounds of war can only be healed through a fair and transparent trial process that meets international standards of fair trial and due process of law.”
“It is essential that those responsible for committing atrocities during the Bangladeshi war of liberation are prosecuted and brought to justice,” Zarifi added. “But the death penalty perpetuates the cycle of violence and is a perversion of justice, and all the more so when it is imposed in violation of due process.”
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
The ICJ calls on Bangladesh to join the great majority of States around the world in rejecting the use of the death penalty.
To that end, Bangladesh should impose a moratorium on the practice and take steps towards its abolition, as prescribed by repeated United Nations General Assembly Resolutions.
Contacts:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002; email: sam.zarifi(at)icj.org
Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org
Sep 13, 2013 | News
The ICJ denounced the death sentences handed down in the Delhi gang rape and murder case and urged the Indian Government to take steps to abolish the death penalty in law and practice.
A special fast-track court today sentenced to death four men convicted for the gang rape and murder of a 23-year-old student on 16 December 2012.
The fifth accused, who was a minor at the time he committed the crime, was convicted and sentenced to three years in a reform home by a juvenile court on 31 August 2013.
“Women’s rights groups in India have taken a firm stance against the death penalty and strongly believe that the death penalty is counterproductive in every way to preventing and curtailing sexual violence against women,” said Vrinda Grover, leading human rights lawyer and ICJ’s South Asia advocate.
The ICJ considers the death penalty to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
“Those who commit acts of violence against women must be prosecuted and brought to justice,” said Sheila Varadan, ICJ’s South Asia Legal Advisor. “But the sentence and the administration of the death penalty constitutes a perversion of justice.”
“Instead of giving in to the vengeful demand for killing the perpetrators of this horrific crime, the Indian Government must take concrete steps to prevent, investigate and punish acts of violence against women,” Varadan added.
A high level commission constituted to reform Indian law on violence against women, led by the late Chief Justice of the Indian Supreme Court Justice J.S. Verma, recommended that the death penalty should not be used in rape cases.
“In demanding and securing the death penalty, Indian authorities have created a spectacle that distracts from their responsibility for systemic change in the legal system which alone will create deterrence in law,” said Vrinda Grover.
The ICJ calls on India to join the great majority of States around the world in rejecting the use of the death penalty.
To that end, India should impose a moratorium on the practice and take steps towards its abolition, as prescribed by repeated United Nations General Assembly Resolutions, the ICJ says.
Contacts:
Sheila Varadan (Bangkok), ICJ South Asia Legal Advisor, t: +66 857 200 723 (mobile); email: sheila.varadan(a)icj.org
Ben Schonveld (Kathmandu), ICJ South Asia Director, t: +977 980 459 6661 (mobile); email: ben.schonveld(a)icj.org
Additional Information
The United Nations has adopted various instruments in support of the call for the worldwide abolition of the death penalty. In 2007, the UN General Assembly adopted a resolution emphasizing that ‘that the use of the death penalty undermines human dignity’ and calling for the establishment of a moratorium on the use of the death penalty ‘with a view to abolishing the death penalty.’ The resolution was reaffirmed in 2008, 2010, and most recently in December 2012, when a large majority of UN Member States voted in favor of a worldwide moratorium on executions as a step towards the death penalty’s abolition.
Currently, 150 countries worldwide, including 30 states in Asia and the Pacific region, have abolished the death penalty in law or in practice.
Rape and other forms of sexual violence against women are pervasive in India. According to the National Crime Records Bureau, 24,923 rape cases were registered in India in 2012. Experts believe that the actual number is much higher, as rape is vastly under-reported. In most cases, however, victims and survivors get no justice from a criminal justice system that has been widely characterized as gender-insensitive, under-resourced and corrupt.
Photo: PTI
Sep 11, 2013 | News
The ICJ expressed its disappointment over the continued arbitrary detention and refusal of bail of Secretary of human rights organization, Odhikar, and Supreme Court Advocate Adilur Rahman Khan.
The ICJ urged the Bangladeshi authorities to drop their opposition to Adilur Rahman Khan’s bail application.
On 9 September 2013, a Magistrates Court in Dhaka refused Adilur Rahman Khan’s bail application for the second time. He had earlier been denied bail on 11 August 2013.
“Adilur Rahman Khan is being arbitrarily detained for his lawful exercise of the right to freedom of expression and his legitimate work as a human rights defender,” said Ben Schonveld, ICJ’s South Asia Director. “What we are seeing is a Government crackdown on voices of dissent.”
Under international law, all persons are presumed innocent until proven guilty.
Under Article 9 of the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, there is a presumption of pre-trial release.
A person can only be denied pre-trial release where it is reasonable and necessary in all of the circumstances to prevent absconding, interference with evidence or recidivism.
“The Government cannot show that Adilur Rahman Khan poses a flight risk,” Schonveld added. “In fact, he faces a serious threat of torture and ill-treatment during detention, as documented by Odhikar and other human rights organizations.”
The ICJ reiterates its call on Bangladesh to immediately and unconditionally drop all charges against Adilur Rahman Khan and Nasiruddin Elan, ensure Adilur Rahman Khan is treated in accordance with international law in custody, and cease its harassment of Odhikar.
Contact
Ben Schonveld, ICJ South Asia Director (Kathmandu), t: +977 14432651; email: ben.schonveld(a)icj.org
Additional information
Adilur Rahman Khan was arrested his home on 10 August 2013 without an arrest warrant.
On August 11, a Magistrate’s Court refused his bail application and remanded him for five days of custodial interrogation.
On August 12, the High Court Division of the Supreme Court stayed the remand order and directed that Adilur Rahman be sent back to jail, where he could be interrogated ‘at the gate of the jail.’
On 4 September 2013, the Detective Branch of Police filed a charge sheet against Adilur Rahman Khan and Odhikar’s Director, Nasiruddin Elan, under Section 57 of the International Communication and Technology Act 2006.
They were accused of distorting information, presenting false evidence and manipulating photographs regarding a police operation on a Hefazat-e Islam rally in May this year.
Odhikar had reported that 61 people were killed in the police crackdown on the rally. The government contested the number of casualties.
Adilur Rahman Khan and Nasiruddin Elan will be formally charged on 12 September 2013.
LATEST UPDATE: Letter to Prime Minister Sheikh Hasina Wazed on the Continued Detention of Adilur Rahman Khan
Bangladesh- Letter Adilur Rahman Khan-Advocacy-Open letter-2013 (full text in pdf)
