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September 3, 2016

HR news reports
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3rd May 2016

Bangladesh has executed Prominent Islamic Leader

Mir Quasem Ali


Bangladesh has executed Mir Quasem Ali, 63, a senior leader
of the largest Islamist party, Jamaat-e-Islami. through a trial
procedure that international human rights groups have
condemned as deeply flawed.
His political opponents have executed him over alleged crimes
against humanity during the war in 1971.
At 10: 35 PM, 3rd September 2016, Bangladesh local time.
Mir Quasem Ali was executed at Kashimpur Central Jail, about
46 km north of the capital of Bangladesh.

Quasem Ali was convicted for war crimes allegedly


committed by forces under his command during Bangladeshs 1971 war of independence. He was tried in
2014 by the countrys specially constituted International
Crimes Tribunal (ICT).

If theres even a shadow of doubt about fairness,


as in Quasem Alis case, the authorities should
set aside the death penalty.

While many in Bangladesh believe Quasem Ali to


be guilty and want him punished, justice is only
served through fair trials.
Authorities owe it victims to establish guilt with
proper evidence rather than fast-tracking hangings after unfair trials.
Brad Adams: Asia Director, Human Rights Watch

HUMAN RIGHTS AND DEVELOPMENT


FOR BANGLADESH NEWSLETTER

In March 2016, the Supreme Court set aside a number of charges but upheld Quasem Alis
conviction and death penalty in one case of murder. While hearing Quasem Alis appeal,
Chief Justice Surendra Kumar Sinhacriticized the attorney general, prosecutors, and investigators for producing insufficient evidence in the trial court.

Senior leaders of the Jamaat-e-Islami


Victims of so-called International
Crimes Tribunal Bangladesh
Late Professor
Ghulam Azam

On August 24, a group of United Nations experts urged the Bangladeshi government to
annul the death sentence against Quasem Aliand grant him a retrial, noting how the proceedings had reportedly been marred by irregularities. Several prominent international
observers have expressed serious concerns over previous death penalty convictions handed down by the ICT due to concerns over fair trials.

Moulana Delwar
Hossain Sayedee

Quasem Ali was charged with 14 counts of abduction, confinement, and torture, and two
counts of murder allegedly committed by forces under his command, known as the AlBadr, during the war. Quasem Ali was allegedly one of the leaders of Al-Badr, a paramilitary organization that supported the then-West Pakistan army against the East Pakistan
army and was responsible for some of the worst crimes during the independence struggle.

Late Moulana Abul


Kalam Md. Yousuf

On November 3, 2014, Quasem Ali was found guilty of 10 charges, including two counts of
murder. He was sentenced to death for crimes against humanity on two charges of murder.
Quasem Ali appealed the conviction on November 30, 2014.
On March 8, 2016, the appeals court acquitted Quasem Ali of one count and changed the
penalty in another while upholding eight counts, including a death penalty charge. During
the appeal at the Supreme Court, the chief justice called the prosecution and its investigation agency very incompetent. He accused the prosecution of dealing with gathering evidence in the case against Quasem Ali half-heartedly and with no responsibility. The
chief justice said he was shocked and that the prosecutions case against Quasem Ali
was full of contradictions. He expressed particular concern at the prosecutions failure to
rebut the accuseds alibi defense, which put Quasem Ali in Dhaka on the day of the murder
in Chittagong. Defence could produce a series of documentary evidences in support of
their alibi. But the prosecution and the investigation agency were very incompetent.

Moulana Abdus
Subhan

Shaheed Ali Ahsan


Md. Mujahid

In March 2016, Quasem Ali filed a petition asking for another review of his case. That petition, his final chance for a rehearing, was denied on August 30.
Trials before the ICT have been replete with violations of the right to a fair trial. Intercepted communications between the prosecution and judges which were leaked to
the Economist revealed prohibited and biased communications that marred several
trials. The ICTs response on several occasions to those who have raised objections
about the trials has been to file contempt charges against them in an apparent attempt to silence criticism rather than to answer substantively or to rectify any errors.

Shaheed Md.
Kamaruzzaman

Shaheed Abdul
Kader Mollah

We are dismayed that Bangladeshi authorities have executed


Quasem Ali . The victims of the horrific events of the 1971 Liberation War are entitled to justice, but taking another life is
not the answer.
The death penalty is always a human rights violation, but its
use is even more troubling when the execution follows a
flawed process. There are serious questions about the fairness of Quasem Ali s trial and of proceedings before the
ICT more generally that have not been addressed. Victims
of past atrocities deserve better than a flawed process.

Human Rights and Development for Bangladesh (HRDB) / email: humanrightsbd@gmail.com

ATM Azharul Islam

Shaheed
Mir Quasem Ali

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