When the rule of law is questioned
Mushfique Wadud talks to jurists and human rights activists about the recent move to provide presidential pardon to 20 death row convicts
Although the prime minister and the ruling party leaders, time and again, claim that they are trying to establish rule of law in the country, the recent incident of president's pardon to 20 death row convicts contradicts all such previous claims by the ruling party leaders.
Most of the 20 pardoned convicts are Awami League leaders and activists, who were punished for their involvement in the killing of Jubo Dal leader, Sabbir Ahmed Gama. Gama, the nephew of former BNP deputy minister Ruhul Quddus Talukdar Dulu, was gunned down in 2004 in Natore.
Except for one, who is still absconding, 10 of the convicts were released from the Dhaka Central Jail on September 6.
Legal experts deem the pardon 'unusual' as 20 people were pardoned at the same time and the accused sought pardon before even the completion of the High Court (HC) hearing of this case. While talking to an English daily, renowned criminal law expert Anisul Huq could not recall whether any president had ever granted 20 convicts mercy at one go.
However, during the four party alliance government rule, there was some controversy about the president's pardon to the murder convict, Mohiuddin Ahmed Jhintu, who, along with three others, were sentenced to death by a martial law court in 1982 for a double-murder in Demra. The Awami League minded lawyers demanded the law minister's resignation for the controversial pardon and there were rumours that the then-law minister, Moudud Ahmed, would resign for this controversy. Ironically, the present ruling party leaders had criticised the incident at that time.
Although most prominent lawyers were vocal about Jhintu's pardon at the time, they are keeping mum following the recent incident. Dr Kamal Hossain and others demanded international probe into the controversial presidential amnesty to Jhintu in 2005. Experts say that the present pardon incident is worse than Jhintu's as the high court hearing for the case is still incomplete.
Gama was murdered on February 7, 2004. A day after the killing, his father, Rafiqul Islam Talukder, filed a case with Naldanga Police Station accusing 16 Awami League adherents and activists. Police charged more people with the murder, later on.
Judge Mohammad Firoz Alam of the Speedy Trial Tribunal-3 delivered the verdict on August 24, 2006, awarding death penalty to 21 people.
The accused people appealed to the HC. However, they withdrew the appeal before the completion of the HC hearing and sought pardon from the president on April 15. On September 2, the president signed on the pardon document.
Eminent legal experts and human right activists are saying that there should be an explanation from the government regarding the presidential pardon as through the incident the court is being bypassed.
'The pardon is an unprecedented incident as the convicts seemingly bypassed the court,' says Asif Nazrul of the law department of the University of Dhaka. 'If it is said that they were innocent and they did not get justice, then there were chances of it still through the HC hearing. Why was there this wholesale pardon? How is it possible that a person was killed and all the accused were innocent. Sidestepping the court in such a manner will be devastating for the country,' he adds.
'Through the incident, we can see that although it is said that the law is equal for everybody, it really is not equal for some people,' says the secretary general of Odhikar, Adilur Rahman Khan, who is also a Supreme Court lawyer. 'This incident is an insult to the rule of law idea,' he adds.
'Although the government is saying that they are ruling the country by the constitution, they are not doing so, as according to the constitution, the law is equal for everyone. Such an incident will give rise to questions regarding the president's role. We saw such questionable pardon during the tenure of the previous government. People thought such culture would stop but it did not,' he adds.
'If the accused are innocent, they could get justice from the court,' says prominent lawyer Rafiq-ul Haque. 'It seems that, in our country, the rule of law or the idea, that "the law is equal to everyone", are terms that only exist in the opposition's dictionary. However when these same political parties assume power, they totally forget the rules. People who are opposing the move may do the same when they are in power again,' he adds.
'We are saying and you are writing about these things but who is actually listening? Do they care?' he asks.
'As both the court and the president are the highest places of our expectations, we want and expect true and impartial judgments from them,' said Sultana Kamal, former caretaker government adviser and leading human rights activist, to an English language daily, following the pardon. 'As citizens, we expect an explanation from the government about the grounds on which those 20 people were granted presidential clemency,' she adds.
'Without the completion of appeal process in the HC, the presidential pardon to so many accused is totally unexpected and unfortunate,' prominent lawyer Shahdin Malik wrote in an article in a Bengali language daily recently. 'This incident is a precursor to the country's future problems. Such controversial incidents lessen the acceptance and through fewer acceptances, a country eventually becomes a failed state,' he wrote.
Most of the 20 pardoned convicts are Awami League leaders and activists, who were punished for their involvement in the killing of Jubo Dal leader, Sabbir Ahmed Gama. Gama, the nephew of former BNP deputy minister Ruhul Quddus Talukdar Dulu, was gunned down in 2004 in Natore.
Except for one, who is still absconding, 10 of the convicts were released from the Dhaka Central Jail on September 6.
Legal experts deem the pardon 'unusual' as 20 people were pardoned at the same time and the accused sought pardon before even the completion of the High Court (HC) hearing of this case. While talking to an English daily, renowned criminal law expert Anisul Huq could not recall whether any president had ever granted 20 convicts mercy at one go.
However, during the four party alliance government rule, there was some controversy about the president's pardon to the murder convict, Mohiuddin Ahmed Jhintu, who, along with three others, were sentenced to death by a martial law court in 1982 for a double-murder in Demra. The Awami League minded lawyers demanded the law minister's resignation for the controversial pardon and there were rumours that the then-law minister, Moudud Ahmed, would resign for this controversy. Ironically, the present ruling party leaders had criticised the incident at that time.
Although most prominent lawyers were vocal about Jhintu's pardon at the time, they are keeping mum following the recent incident. Dr Kamal Hossain and others demanded international probe into the controversial presidential amnesty to Jhintu in 2005. Experts say that the present pardon incident is worse than Jhintu's as the high court hearing for the case is still incomplete.
Gama was murdered on February 7, 2004. A day after the killing, his father, Rafiqul Islam Talukder, filed a case with Naldanga Police Station accusing 16 Awami League adherents and activists. Police charged more people with the murder, later on.
Judge Mohammad Firoz Alam of the Speedy Trial Tribunal-3 delivered the verdict on August 24, 2006, awarding death penalty to 21 people.
The accused people appealed to the HC. However, they withdrew the appeal before the completion of the HC hearing and sought pardon from the president on April 15. On September 2, the president signed on the pardon document.
Eminent legal experts and human right activists are saying that there should be an explanation from the government regarding the presidential pardon as through the incident the court is being bypassed.
'The pardon is an unprecedented incident as the convicts seemingly bypassed the court,' says Asif Nazrul of the law department of the University of Dhaka. 'If it is said that they were innocent and they did not get justice, then there were chances of it still through the HC hearing. Why was there this wholesale pardon? How is it possible that a person was killed and all the accused were innocent. Sidestepping the court in such a manner will be devastating for the country,' he adds.
'Through the incident, we can see that although it is said that the law is equal for everybody, it really is not equal for some people,' says the secretary general of Odhikar, Adilur Rahman Khan, who is also a Supreme Court lawyer. 'This incident is an insult to the rule of law idea,' he adds.
'Although the government is saying that they are ruling the country by the constitution, they are not doing so, as according to the constitution, the law is equal for everyone. Such an incident will give rise to questions regarding the president's role. We saw such questionable pardon during the tenure of the previous government. People thought such culture would stop but it did not,' he adds.
'If the accused are innocent, they could get justice from the court,' says prominent lawyer Rafiq-ul Haque. 'It seems that, in our country, the rule of law or the idea, that "the law is equal to everyone", are terms that only exist in the opposition's dictionary. However when these same political parties assume power, they totally forget the rules. People who are opposing the move may do the same when they are in power again,' he adds.
'We are saying and you are writing about these things but who is actually listening? Do they care?' he asks.
'As both the court and the president are the highest places of our expectations, we want and expect true and impartial judgments from them,' said Sultana Kamal, former caretaker government adviser and leading human rights activist, to an English language daily, following the pardon. 'As citizens, we expect an explanation from the government about the grounds on which those 20 people were granted presidential clemency,' she adds.
'Without the completion of appeal process in the HC, the presidential pardon to so many accused is totally unexpected and unfortunate,' prominent lawyer Shahdin Malik wrote in an article in a Bengali language daily recently. 'This incident is a precursor to the country's future problems. Such controversial incidents lessen the acceptance and through fewer acceptances, a country eventually becomes a failed state,' he wrote.
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