Azharul’s death sentence was injustice in the name of justice: Appellate Division

The Appellate Division, in its observations on the verdict acquitting ATM Azharul Islam from a death sentence in a 1971 war crimes case, has stated that the previous ruling sentencing the Jamaat-e-Islami leader to death was a clear example of injustice disguised as justice in the history of the world. 

The court today (27 May) also observed that the criminal justice system in the Indian subcontinent, including Bangladesh, was fundamentally altered, and this was a grave error. Furthermore, the death sentence handed down to Azharul was done so without any proper assessment of the evidence presented.

The evidence presented was not properly assessed by the previous Appellate Division, which led to an unjust verdict, and as a result, the current bench found Azharul Islam not guilty and fully acquitted him, said the court.

The observations came from the seven-member full Appellate Division bench, led by Chief Justice Syed Refaat Ahmed. The other members of the bench were Justice Md Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md Rezaul Haque, Justice Imdadul Haque, Justice Md Asaduzzaman, and Justice Farah Mahbub.

Following the verdict, Azharul's lawyer Barrister Shishir Monir told journalists that the ruling was not only significant for Bangladesh but also unprecedented in global judicial history. "Through this judgment, we believe that justice has prevailed — truth has triumphed and falsehood has been defeated."

Responding to questions, he said the full judgment is likely to include critical observations on several previous war crimes verdicts. He suggested that once the full verdict is published, the government should consider forming a review board to re-evaluate past judgments.

"Even if posthumously, those who were wronged or unjustly convicted deserve justice for their families, their political organisations, and the people of this country," he said.

Regarding the Appellate Division's verdict, state counsel and International Crimes Tribunal Prosecutor Gazi MH Tamim said they accept it and have no objections.

"Since this case came to the appeal stage from a review, there is no higher court in Bangladesh or any international forum beyond this. This verdict has elevated our current judicial system to international standards. In the future, the international community will no longer be able to question the tribunal's judgments," he told reporters.

He added, "We have always emphasised that since this is an International Crimes Tribunal, the application of international legal standards — such as definitions of crimes and command responsibility — is essential. Otherwise, the previous criticisms that the tribunal's verdicts did not meet international benchmarks would persist."

Tamim continued, "On the very day we joined the prosecution, the International Crimes Tribunal Act 1973 was amended to ensure the application of international law. Therefore, when the Appellate Division said today that the application of international law is necessary, we agreed and fully support the verdict."

He mentioned that the core merits of the case were presented before the court, and based on those arguments, the court acquitted the accused. "There is no scope for the prosecution to object to the judgment."

The prosecutor also explained, "There were some clerical errors in our initial submission, which were corrected and resubmitted. In that petition, we clearly stated that the Appellate Division should make a just and fair decision regarding the verdict and trial by the tribunal.

"We made it clear that we would accept any ruling by the court in this regard. We did not say anything against the future trials or current structure of the tribunal, nor did we submit any such application."

Earlier this morning, the Supreme Court acquitted Jamaat leader ATM Azharul Islam, who was sentenced to death, in a case filed over crimes against humanity committed during the 1971 Liberation War.

Following his arrest from his Moghbazar house on 22 August 2012, Azharul faced nine charges of crimes against humanity.

According to the chargesheet, he was "responsible" for killing 1,256 people, abducting 17, and raping 13 women in Rangpur region during the Liberation War.

Besides, he was said to have tortured civilians, set fire to hundreds of houses and committed other atrocities.

Azharul was indicted with six counts of crimes against humanity during the 1971 Liberation War in the Rangpur region, including genocide, murder, abduction, rape, detention, torture, grievous injury, looting, and arson.

On 30 December 2014, the then International Crimes Tribunal sentenced Azharul, who was Jamaat's assistant secretary general at the time, to death on charges two, three, and four.

Additionally, he was sentenced to 25 years in prison for abduction, torture, rape, and other inhumane acts under charge five, and to five years for torture under charge six.