ICT prosecution files appeal to enhance Hasina's sentence to death

The prosecution of the International Crimes Tribunal (ICT) today (15 December) filed an appeal with the Appellate Division of the Supreme Court, seeking enhancement of the sentence awarded to ousted prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal.
 
The appeal prayed for upgrading the sentence of imprisonment till natural death to the death penalty for their conviction on certain counts of crimes against humanity committed during the July Uprising.
 
Earlier, Prosecutor Gazi MH Tamim said, "The prosecution will file the appeal with the Appellate Division today," declining to elaborate on the matter and citing a press briefing scheduled for later in the day.
 
On 17 November, ICT-1 convicted Sheikh Hasina and Asaduzzaman Khan Kamal of crimes against humanity committed during the July Mass Uprising, holding them guilty under the doctrine of superior command responsibility.
 
The three-member tribunal, headed by Justice Golam Mortuza Mozumder, delivered the verdict after finding them guilty on multiple charges.
 
The court found both Sheikh Hasina and Asaduzzaman Khan Kamal guilty of three counts under charge number one and sentenced them to imprisonment till natural death.
 
It also found them guilty of three counts under charge number two and sentenced them to death for those offences.
 
The tribunal further found former Inspector General of Police Chowdhury Abdullah Al-Mamun guilty of the same charges but awarded him a lenient sentence of five years' imprisonment after considering his full disclosure of events and cooperation with investigators as an approver.
 
The tribunal also ordered the confiscation of all properties owned by Sheikh Hasina and Asaduzzaman Khan Kamal in favour of the state and directed the authorities to ensure adequate compensation for the families of the July martyrs and those injured.

ICT prosecutor Tamim has said that the life imprisonment sentences are not sufficient for the crimes against humanity committed during the July Uprising and should be replaced with the death penalty.

Speaking at a press briefing at the tribunal premises today after the appeal seeking the death penalty for Hasina and Kamal he said, "The first verdict was declared in the reconstituted ICT. In the case of crimes against humanity during the July uprising, Hasina and Kamal were sentenced. They received life imprisonment in one charge and the death penalty in another." 

"However, we have appealed to the Supreme Court's Appellate Division today to replace the life sentences with death penalties, raising eight grounds," he added.

He further said, "An appeal must be filed within thirty days of the verdict disclosure. We did it earlier. There is a rule for settlement within sixty days of the appeal. I hope this appeal will be disposed of within that time."

The appeal is based on these eight grounds:

1.    The International Crimes (Tribunal) Act 1973 prescribes the death penalty as the primary punishment, and all charges qualify due to the severity of the offenses.

2.    Crimes during the July uprising were serious human rights violations and heinous offenses, warranting only the death penalty.

3.    The attacks targeted innocent civilians on a large scale, causing extreme devastation, making lesser punishment inappropriate.

4.    Considering the gravity of the crimes, the death penalty is the only suitable punishment under the law.

5.    Courts must consider victims' rights and society's expectations, including deterrence, which supports the death penalty.

6.    The accused knew about the tribunal proceedings and the appeal period but remained absconding and obstructed trials, leaving no scope for reduced sentences.

7.    Killings under their direct orders were brutal, resulting in over 1,400 deaths and more than 25,000 injuries nationwide.

8.    In Charge-1, the accused were involved in the killing of Abu Saeed, the first person to die during July uprising, making the death penalty the just punishment.