The prosecution has appealed against the life imprisonment sentences handed down to ousted prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal, citing eight grounds to seek the death penalty in the crimes against humanity case linked to the July movement.
International Crimes Tribunal Prosecutor Gazi MH Tamim filed the appeal on Monday with the relevant branch of the Appellate Division.
According to the appeal, the prosecution argued on the following eight grounds:
First, the International Crimes (Tribunal) Act, 1973 prioritises the death penalty as punishment, depending on the gravity of the offence. As such, all charges under the law are eligible for capital punishment.
Second, the crimes committed during the July uprising constituted gross violations of human rights and were of such a heinous nature that the death penalty is the only appropriate punishment.
Third, the scale of the attacks on unarmed and innocent civilians was severe, making any punishment other than the death penalty legally inappropriate.
Fourth, given the gravity of the offences under the law, capital punishment should be the sole sentence for such crimes.
Fifth, the court should not only consider the rights of the accused but also the rights of the victims and the reasonable expectations of society. The prosecution argued that society expects the harshest punishment for such crimes to deter similar atrocities in the future.
Sixth, the accused were aware of the proceedings against them, the verdict, and the 30-day appeal window, yet they remain absconding and continue to make statements aimed at obstructing the judicial process. Such conduct, the prosecution said, leaves no scope for leniency.
Seventh, the massacre carried out on the direct orders or instructions of the accused was described as “demonic,” with more than 1,400 people killed and over 25,000 injured across the country.
Eighth, in Charge-1, the accused were also found responsible for the killing of Abu Sayeed, described as a pioneer of the July uprising, making the death penalty the just sentence for that charge as well.
Speaking after filing the appeal, Prosecutor Tamim said the reconstituted International Crimes Tribunal delivered its verdict on November 17, convicting Sheikh Hasina and Asaduzzaman Khan Kamal of crimes against humanity committed during the July uprising. The tribunal sentenced them to life imprisonment on one charge and death on another.
“Today, we have appealed to the Appellate Division of the Supreme Court to increase the life sentence to death. Eight grounds have been placed in support of this appeal,” Tamim said.
He added that appeals must be filed within 30 days of the verdict and that the law provides for disposal of such appeals within 60 days. “We hope the appeal will be resolved within that timeframe,” he said.
Tamim further said the life imprisonment sentence was inadequate given the severity of the crimes. “Considering the scale of the atrocities — more than 1,400 deaths and over 25,000 injuries caused by their orders or incitement — the death penalty should be the only punishment for such heinous offences,” he added.
