Bangladesh: Immediate Moratorium on Executions Must Be Imposed
FOR IMMEDIATE RELEASE
30 November 2021
Bangladesh: Immediate Moratorium on Executions Must Be Imposed
We the undersigned civil society organizations condemn attempts¹ by Bangladeshi authorities to proceed with the execution of Shukur Ali, in violation of his right to a fair trial and in total disregard of due process.
On 7 November 2021, it was reported that the prisons authorities sought to proceed with the execution of Mr. Shukur Ali who was convicted in 2004 for the abduction, rape and murder of a 13-year-old girl, despite the fact that the release of his appeal-verdict by the in August 2021 was still pending. On 7 November, the Supreme Court ordered to halt Mr. Shukur Ali’s execution until it releases the full text of the judgement after the schedule execution was circulated publicly through the media.
This incident would not be the first of its kind in Bangladesh as recently published reports² suggest that two convicts - namely Abdul Mokim and Golam Rasul Jharu - were executed in Jessore Central Jail on 16 November 2017 while their appeals were pending before the Supreme Court of Bangladesh. Such cases are a violation of a person’s right to life and the right to a fair trial and due process. These planned executions are also in violation of Article 35 (3) of the Constitution of Bangladesh as the due process of law was denied to the convicts prior to the execution of the capital punishment.
In addition, Article 14 of the International Covenant on Civil and Political Rights (ICCPR) guarantees that everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. Failure to fulfil and uphold these rights in such cases renders the execution unlawful and an act of extrajudicial killing by state authorities.
We call on Bangladesh to investigate the violation of the right to fair trial against Mr. Shukur Ali and ensure that similar violations do not take place against other individual. Failure to safeguard the right to a fair trial will undoubtedly contribute to the violation of their right to life. We also call on the Bangladeshi government to immediately impose a moratorium on executions and review the use of the death penalty in Bangladesh in line with international trends towards abolition.
Joint statement by:
Anti-Death Penalty Asia Network (ADPAN)
Capital Punishment Justice Project (CPJP)
International Federation for Human Rights (FIDH)
¹ The Daily Star, 7 November 2021, SC asks to halt execution of death row convict as full text of verdict not released yet. For further details, please see: https://www.thedailystar.net/news/bangladesh/crime-justice/news/sc- asks-halt-execution-death-row-convict-full-text-verdict-not-released-yet-2224081
² The Daily Star, 4 November 2021, Execution of 2 Convicts: A curious cause list, a claim and talk afterwards. Forfurther details, please see: https://www.thedailystar.net/news/bangladesh/crime-justice/news/where-did-it-go-wrong- 2221526