Appeal hearing in Jamaat leader Azharul's war crimes case adjourned until Thursday

The Appellate Division has adjourned until Thursday the hearing on the appeal of Jamaat-e-Islami leader ATM Azharul Islam against his death sentence in a case related to crimes against humanity committed during the 1971 Liberation War.

A seven-member bench, headed by Chief Justice Syed Refaat Ahmed, issued the adjournment order today (6 May) after the first day of proceedings.

Advocate Mohammad Shishir Monir appeared on behalf of the appellant, while Prosecutor Gazi Monawar Hossain Tamim represented the International Crimes Tribunal.

Following the hearing, Shishir Monir told reporters, "Almost 90% of the hearing has been completed. We will have another hearing on Thursday."

He also said the defence argued that ATM Azharul Islam was politically targeted.

"Regarding the charges for which Azhar was sentenced to death in the tribunal, the witnesses said during their testimony that they saw Azhar from three to three-and-a-half kilometres away and claimed he was involved in the killings. This is in no way believable," Monir added.

ATM Azharul Islam faced six charges involving nine types of crimes against humanity in the Rangpur region, including genocide, murder, abduction, rape, detention, torture, grievous injury, looting, and arson during the 1971 war.

The International Crimes Tribunal sentenced him to death on 30 December 2014 on charges 2, 3, and 4. He was also sentenced to 25 years' imprisonment on charge number 5 for abduction, torture, and rape, and to 5 years' imprisonment on charge number 6 for torture.

The Appellate Division, in a verdict delivered on 31 October 2019 and headed by the then Chief Justice Syed Mahmud Hossain, upheld the death penalty on charges number 2, 3, and 4 (by majority decision) and also upheld the conviction on charge number 6. The court acquitted him on charge number 5.

Senior lawyer Khandaker Mahbub Hossain appeared for the accused during that hearing, while the late Attorney General Mahbubey Alam represented the state.

The full text of the Appellate Division's verdict was released on 15 March 2020. Azharul Islam filed a 23-page review petition on 19 July 2020, presenting 14 arguments.

After hearing the review petition, the Appellate Division, led by Chief Justice Syed Refaat Ahmed, granted permission on 26 February for Azharul Islam to appeal the death sentence. The appeal was subsequently filed.