Living death in condemn cells

Obaid Ali, a death-row convict for 13 long years, was declared innocent by the apex court on October 7 last year. As fate would have it, he died in a prison cell of the Khulna Medical College Hospital (KMCH) on that very day. It was learnt from case documents that Ali was charged with the murder of two police constables in 2003. On February 3, 2003, constables Fazlul Haque, Abdul Motaleb and Abdul Ahad were cycling back home when they were attacked by people with knives. Fazlul and Abdul were killed in the incident, while Ahad escaped with injuries. The next day, habildar Ruhul Amin filed a case with the Satkhira Sadar police station.

Three years later, a Khulna speedy tribunal sentenced Ali to death.  Within seven days of teh verdict, Ali filed an appeal with the High Court (HC), but the matter took six years to be resolved. The result, in the end, was positive: Ali was pronounced innocent. However, it took the Supreme Court another six years to uphold the HC decision.

Finally, on October 7 last year, Khulna Jail received the copy of the HC order. But Ali had passed away that very morning.

Like him, many death-row convicts sometimes are declared innocent either by the HC or the SC. But they are forced to stay inside the condemned cell after the announcement of their death penalties by lower courts.

According to HC sources, last year, out of a total of 45 death reference cases, only two lower court verdicts were upheld by the HC. In fact, most lower court verdicts were revised by the HC either by reducing their punishment or acquitting some of the convicts.

Till January 20 this year, 1,671 convicts were languishing in condemned cells across the country because hundreds of death reference cases were awaiting disposal by the HC.

HC sources say 707 death reference cases are pending before the court.

The HC usually disposes of death reference cases year by year. The court has disposed of

all death reference cases of 2012. It now taking up the cases of 2013.

According to the sources, the authorities have started working on completing “paper books” of the pending cases of 2013 and 2014.

The paper books of cases, forwarded for death reference hearings, contain all the documents—the case details, the charge-sheet, the seizure list, witnesses’ testimonies and cross-examinations as well the verdict of the trial court. After completion of the necessary work, the Chief Justice assigns an HC bench for the disposal of the matter. After that, the HC starts hearing the death references.

Sources said 117 death-row convicts had filed appeals before the HC against their death penalties in 2011, while 100 and 315 had moved the court seeking acquittal orders in 2012 and 2013, respectively. As many as 205 convicts had filed appeals against their death penalties in 2014, while the same number of appellants had appealed to the HC in 2015. The number of appellants has increased in recent years.

In 2010, only 542 death references cases were pending before the HC for disposal, while the number of pending cases till January this year was 707.

The National Human Rights Commission (NHRC) chairman, Kazi Riazul Haque, said long delay in disposal of cases violated human rights. “A large number of prisoners convicted by trial courts are suffering due to uncertainty over their fate. The cases should be taken care of as quickly as possible,” he added.

“Everyone, including lawyers, should take effective steps so that all death reference cases could be disposed of quickly. If needed, the number of HC benches should be increased for disposing of death references,” he noted.

Currently, a total of four HC benches dispose of such cases, a senior official in the registrar’s office said.

However, experts say that the number of benches may be increased considering the immense suffering of death row-convicts.

Former Supreme Court Bar Association (SCBA) president Khandaker Mahbub Hossain said that many countries already repealed the death penalty. “But the death penalty is delivered indiscriminately in our country. The review proceedings take a long time in the HC because death references are sent by lower courts from across the country. As a result, death-row convicts had to wait in the condemned cell for a long period,” he added.

Death-row convicts, in most cases, lose their mental balance because of the agonising waiting period.

So, such cases should be disposed of quickly, the lawyer said.

Attorney General Mahbubey Alam said that the number of death reference cases was increasing over time. At present, a number of such cases are pending before the HC for disposal. The number of HC benches should be increased considering the sufferings of death row convicts and the importance of the cases. Moreover, skilled judges should also be appointed to deal with such cases, he added.

IK

 

 

Living death in condemn cells

Obaid Ali, a death-row convict for 13 long years, was declared innocent by the apex court on October 7 last year. As fate would have it, he died in a prison cell of the Khulna Medical College Hospital (KMCH) on that very day. It was learnt from case documents that Ali was charged with the murder of two police constables in 2003. On February 3, 2003, constables Fazlul Haque, Abdul Motaleb and Abdul Ahad were cycling back home when they were attacked by people with knives. Fazlul and Abdul were killed in the incident, while Ahad escaped with injuries. The next day, habildar Ruhul Amin filed a case with the Satkhira Sadar police station. Three years later, a Khulna speedy tribunal sentenced Ali to death. Within seven days of teh verdict, Ali filed an appeal with the High Court (HC), but the matter took six years to be resolved. The result, in the end, was positive: Ali was pronounced innocent. However, it took the Supreme Court another six years to uphold the HC decision. Finally, on October 7 last year, Khulna Jail received the copy of the HC order. But Ali had passed away that very morning. Like him, many death-row convicts sometimes are declared innocent either by the HC or the SC. But they are forced to stay inside the condemned cell after the announcement of their death penalties by lower courts. According to HC sources, last year, out of a total of 45 death reference cases, only two lower court verdicts were upheld by the HC. In fact, most lower court verdicts were revised by the HC either by reducing their punishment or acquitting some of the convicts. Till January 20 this year, 1,671 convicts were languishing in condemned cells across the country because hundreds of death reference cases were awaiting disposal by the HC. HC sources say 707 death reference cases are pending before the court. The HC usually disposes of death reference cases year by year. The court has disposed of all death reference cases of 2012. It now taking up the cases of 2013. According to the sources, the authorities have started working on completing paper books of the pending cases of 2013 and 2014. The paper books of cases, forwarded for death reference hearings, contain all the documentsthe case details, the charge-sheet, the seizure list, witnesses testimonies and cross-examinations as well the verdict of the trial court. After completion of the necessary work, the Chief Justice assigns an HC bench for the disposal of the matter. After that, the HC starts hearing the death references. Sources said 117 death-row convicts had filed appeals before the HC against their death penalties in 2011, while 100 and 315 had moved the court seeking acquittal orders in 2012 and 2013, respectively. As many as 205 convicts had filed appeals against their death penalties in 2014, while the same number of appellants had appealed to the HC in 2015. The number of appellants has increased in recent years. In 2010, only 542 death references cases were pending before the HC for disposal, while the number of pending cases till January this year was 707. The National Human Rights Commission (NHRC) chairman, Kazi Riazul Haque, said long delay in disposal of cases violated human rights. A large number of prisoners convicted by trial courts are suffering due to uncertainty over their fate. The cases should be taken care of as quickly as possible, he added. Everyone, including lawyers, should take effective steps so that all death reference cases could be disposed of quickly. If needed, the number of HC benches should be increased for disposing of death references, he noted. Currently, a total of four HC benches dispose of such cases, a senior official in the registrars office said. However, experts say that the number of benches may be increased considering the immense suffering of death row-convicts. Former Supreme Court Bar Association (SCBA) president Khandaker Mahbub Hossain said that many countries already repealed the death penalty. But the death penalty is delivered indiscriminately in our country. The review proceedings take a long time in the HC because death references are sent by lower courts from across the country. As a result, death-row convicts had to wait in the condemned cell for a long period, he added. Death-row convicts, in most cases, lose their mental balance because of the agonising waiting period. So, such cases should be disposed of quickly, the lawyer said. Attorney General Mahbubey Alam said that the number of death reference cases was increasing over time. At present, a number of such cases are pending before the HC for disposal. The number of HC benches should be increased considering the sufferings of death row convicts and the importance of the cases. Moreover, skilled judges should also be appointed to deal with such cases, he added. IK