SC acquits Jamaat leader Azharul from death sentence in 1971 war crimes case

Highlights:

• 22 August 2012: ATM Azharul Islam was arrested from his Moghbazar residence over charges of committing crimes against humanity during the 1971 Liberation War.

• 30 December 2014: The International Crimes Tribunal sentenced Azharul Islam to death for multiple charges, including genocide, murder, and rape.
• 23 October 2019: The Appellate Division upheld the death penalty after hearing the appeal.
• 19 July 2020: Azharul Islam filed a 23-page review petition challenging the Appellate Division's verdict, presenting 14 legal arguments.

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The Appellate Division of the Supreme Court has acquitted Jamaat-e-Islami leader ATM Azharul Islam, who was sentenced to death, in a case filed over crimes against humanity committed during the 1971 Liberation War. 

The full seven-member bench, led by Chief Justice Syed Refaat Ahmed, delivered the verdict this morning (27 May), after completing the hearing on an appeal the Jamaat leader filed challenging the death penalty.

According to lawyers, following this verdict, now there is no bar on Azharul's release.

Regarding the Appellate Division's verdict state counsel Gazi MH Tamim said they accept the court's decision and have no objections to it.

He stated, "Since this case came to 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 made these remarks at a press conference following the verdict of the Appellate Division.

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."

Prosecutor Gazi 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," he said.

At the press conference, Gazi Tamim also explained, "There were some clerical errors in our initial submission, which were corrected and re-submitted. 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 on 22 April, the Appellate Division stayed the hearing of a review petition submitted by Azharul Islam in the case till 6 May.

Following his arrest from his Moghbazar house on 22 August 2012, the Jamaat-e-Islami leader 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 during the Liberation War in Rangpur region.

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

ATM Azharul Islam was accused of 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 International Crimes Tribunal sentenced Azharul Islam, then Assistant Secretary General of Jamaat-e-Islami, 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.

On 28 January 2015, the death-row convict submitted a petition to the Appellate Division claiming his innocence.

Following an appeal hearing, the Appellate Division under a bench led by then-Chief Justice Syed Mahmud upheld the death penalty in a verdict delivered on 23 October 2019.

The full text of the Appellate Division's verdict was released on 15 March 2020, after which ATM Azharul filed a review petition on 19 July 2020, submitting a 23-page appeal that outlined 14 legal arguments against the verdict. 

Following the hearing of that petition, the Appellate Division on 26 February this year granted leave to appeal and instructed that a summary of the appeal be submitted within two weeks.