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 12, 2013 | News, Uncategorized
Justice Elizabeth Evatt AC (photo), will be observing the hearing of the appeal of Anwar Ibrahim’s case from 17 to 18 September 2013 at the Court of Appeal in Putrajaya.
Justice Evatt is the first female judge to be appointed to an Australian Federal Court, a former member of the United Nations Human Rights Committee, and a commissioner of the ICJ.
Anwar Ibrahim is a Malaysian politician and is currently the leader of the opposition party, Parti Keadilan Rakyat, and the opposition alliance known as Pakatan Rakyat.
The appeal hearing that Justice Elizabeth Evatt will be observing emerged from the 2008 charges filed against Anwar Ibrahim immediately after the general elections held that year.
He was charged for allegedly committing sodomy, which is a crime under Section 377B of the Penal Code and carries the penalty of up to 20 years of imprisonment and whipping.
The High Court acquitted Anwar Ibrahim on 9 January 2012.
This is the second time that Anwar Ibrahim is facing sodomy charges after his dismissal from the Malaysian Cabinet in 1998.
In 2004, The ICJ also sent a representative to observe the sodomy trial of Anwar Ibrahim, where the Federal Court overturned the High Court decision to convict him.
The ICJ called the Federal Court’s ruling “a step in the right direction in upholding the rule of law”.
Justice Evatt’s mandate as ICJ’s high-level observer to the appeal hearing includes monitoring the fairness of the proceedings against Anwar Ibrahim in the light of relevant international standards.
These standards include, among others the UN Basic Principles on the Independence of Judges, which set out standards on the independence and impartiality of judges, and the UN Guidelines on the Role of Prosecutors, which set out standards on the independence of prosecutors.
Justice Evatt will also be evaluating whether the prosecution under Section 377B of the Malaysian Penal Code is being used in this case to suppress political dissent, contrary to the right to freedom of expression.
“The right to observe trials stems from the general right to promote and secure the protection and realization of human rights. Trial observation is a key tool in monitoring the respect for human rights and the rule of law. It is an effective method to examine the level of independence and impartiality of a country’s criminal justice system,” said Emerlynne Gil, ICJ’s International Legal Adviser on Southeast Asia. “Trial monitoring also serves to promote better compliance with both domestic law and international standards that aim to ensure protection of human rights, including the rights to fair trial and due process.”
Contact:
Emerlynne Gil, International Legal Adviser for the ICJ Asia & Pacific Programme, t +662 6198477 ext. 206; email: emerlynne.gil(a)icj.org
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)
Aug 22, 2013 | News
The ICJ called upon the Indian Government to halt the imminent execution of Professor Devinderpal Singh Bhullar.
In August 2001, Professor Bhullar was sentenced to death under the Terrorist and Disruptive Activities (Prevention) Act following his conviction on charges related to the bombing of the All Indian Youth Congress in New Delhi in 1993.
“Those who commit acts of terrorism should be prosecuted before competent, independent and impartial courts that meet international due process standards”, said Ben Schonveld, ICJ’s South Asia Director.
“However, while those responsible for such acts must be held to account, the ICJ opposes the death penalty in all circumstances, without exception as it is an inherently cruel and irreversible punishment that violates the right to life.”
“Furthermore, there are serious questions about whether Professor Bhullar’s trial was in accordance with the requirements of international law”, Schonveld added. “His conviction and death sentence are based solely upon an alleged confession he made in police custody, which he later retracted, claiming it was extracted under torture.”
The ICJ says that the execution of an individual in these circumstances would violate India’s obligations under the International Covenant on Civil and Political Rights to respect the right to life, the right to a fair trial and the absolute prohibition of torture.
In May 2011, President Pranab Mukherjee rejected Professor Bhullar’s petition for clemency. The Supreme Court rejected his earlier plea on 12 April 2013 to commute the sentence to life imprisonment, and upheld its decision on 14 August 2013.
India ended an eight-year moratorium on the death penalty with the executions of Ajmal Kasab on 21 November 2012 and Mohammad Afzal Guru on 9 February 2013.
“The resumption of the death penalty by India is contrary to the global and regional movement towards the abolition of the death penalty”, said Schonveld.
The ICJ reminds that 150 countries worldwide, including 30 states in the Asia-Pacific region, have abolished the death penalty in law or in practice.
The ICJ urges the Indian Government to immediately reinstate the moratorium on the death penalty, with a view to abolishing the death penalty permanently and acceding to the Second Optional Protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.
Over the years, the member states of the United Nations have 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 and overwhelming majority of 110 UN Member States voted in favor of a worldwide moratorium on executions as a step towards abolition of the death penalty.
Contact:
Ben Schonveld, ICJ South Asia Director, (Kathmandu); t: +977 9804596661; email: ben.schonveld(a)icj.org
