Concerning over fair trial, Human Rights Watch asked the Bangladesh government to immediately halt the death sentence against war crime convict Jamaat-e-Islami leader Abdul Qader Molla.
The organisation expressed its concern over the fair trial of convicted war criminal Qader Molla in a statement published on its website on Monday.
According to the statement, Molla should be granted a right to appeal against the conviction and death sentence.
“Human Rights Watch opposes the death penalty in all circumstances as an irreversible, degrading, and cruel punishment,” said Brad Adams, Asia director. “It is particularly reprehensible in cases where laws were retroactively passed in order to enable the death penalty, and where the right to appeal against such a final judgment is not allowed.”
Earlier on February 5, International Crimes Tribunal sentenced Molla to life imprisonment for his involvement in crimes against humanity committed during the 1971 Liberation War.
He was convicted of five on six counts, including murder and rape as crimes against humanity and war crimes. He was acquitted on one count of murder.
Following a public protest over the verdict, the government passed amendments to the tribunal law on February 17, allowing the prosecution to appeal the sentence.
On September 17, the Appellate Division of the Supreme Court reversed the life sentence and granted death penalty to Qader Molla.
The International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party, prohibits the retroactive application of criminal law that has a negative effect on the defense.
Although people sentenced to death in Bangladesh in regular courts are allowed the right to appeal, government authorities, including the Attorney General, stated that Molla has no such right and have insisted that Molla has exhausted all legal options.
The only recourse left open to Molla, according to government authorities, is to appeal to the President of Bangladesh for clemency. The ICCPR states that everyone convicted of a crime has the right to have their conviction and sentence reviewed by a higher tribunal according to law.
“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 the highest standards in order to properly deliver on those promises for the victims,” Adams said.
He said: “Hanging Molla on the basis of retroactive legislation and then denying him the right to appeal against this sentence is a grave violation of his fundamental rights.”
