Clemency for ex-IGP Mamun conditional on full disclosure of July atrocities: ICT
The order noted that Mamun's lawyer has applied for clemency on the basis of his client's role as the state's witness
The International Crimes Tribunal has indicated that former inspector general of police (IGP) Chowdhury Abdullah Al Mamun may be granted clemency, provided he fully reveals the truth about his own involvement and the crimes committed by the principal and co-accused in the July-August killings.
This was outlined in a two-page written order issued by the three-member tribunal chaired by Justice Golam Mortuza Majumder today (12 July).
The order noted that Mamun's lawyer has applied for clemency on the basis of his client's role as the state's witness. However, the tribunal said such clemency will only be considered if Mamun discloses all pertinent information he holds regarding the offences of the main and assisting accused.
Keep updated, follow The Business Standard's Google news channel
Earlier on Thursday, Mamun accepted responsibility for his role in the atrocities and formally became a state witness in the case against former Prime Minister Sheikh Hasina. Addressing the judges, he expressed his intention to provide detailed accounts of those involved in the killings.
Following this, the tribunal ordered the commencement of trials against Sheikh Hasina, Asaduzzaman Khan Kamal, and Abdullah Al Mamun.
Due to his status as a state witness, Mamun has been placed in a separate cell while in custody.
The law on state witnesses
Criminal law expert and Supreme Court lawyer Shishir Monir explained that a person directly or indirectly involved in a crime, or privy to confidential information about it, can be granted immunity if they disclose the full and truthful account of the crime and testify in court, this person is called a "rajshakkhi" or state witness.
He noted that the provisions regarding state witnesses are covered under sections 337 and 338 of the Code of Criminal Procedure, section 133 of the Evidence Act, and PRB rules 459 and 486. Section 337 allows an accomplice in a crime to be granted a pardon.
Even if the person is granted a pardon, they must still be examined as a witness. And if not granted bail, they must remain in custody until the trial is complete.
First state witness in tribunal history
Although becoming a state witness in Bangladesh is rare, it is not without precedent. Two decades ago, Nur-e-Alam, bodyguard of notorious gangster Ershad Shikder, turned state witness and exposed his crimes. Based on his testimony, Ershad was executed, and Nur-e-Alam was acquitted.
But Chowdhury Abdullah Al-Mamun's case has added a new dimension– he is the first ever to become a state witness in the history of the International Crimes Tribunal.
