Category Archives: Right to Appeal

12 December 2013: ICT-2 Update – Abdul Quader Molla, Execution Imminent

This morning, the Supreme Court’s Appellate Division dismissed the request to review a petition on behalf of Quader Molla, who has been sentenced to death by the ICT. This marks the final opportunity to seek review of his case. Execution is expected to be carried out tonight, despite Defence counsel is claims that execution cannot legally be carried out until the full order of dismissal is communicated by the Supreme Court. Defense Counsel have further asserted that, even if the full order is communicated today, questions remain about the applicability of a Jail Code that would accord further time to the accused for seeking President’s mercy.

The political situation in the country is tense and there have been outbursts from of Pro-Jamaat lawyers in the court.

Amendment of International Crimes Tribunal Act of 1973

This is a Special Issue post addressing the 2013 Amendment of the ICT Act

On 17 February 2013, the Bangladeshi Parliament passed a bill amending the International Crimes (Tribunal) Act of 1973. The amendments present three significant changes :

  1. Trial of Organizations: The amendment enables the ICT to charge and place on trial organizations for their role during the 1971 War of Liberation;
  2. Prosecution Right to Appeal Sentencing: the amendment allows the government, complainant, or informant to  appeal an order of acquittal or order of sentencing;
  3. Disposal of Appeal within 60 days: the amendment imposes a statutory obligation on the Appellate Division of the Supreme Court to dispose of any appeal filed before it within 60 days.

The 2013 amendments have been given retrospective effect from 14th July, 2009, bringing the judgment and sentence in the Qader Molla case within the purview of the amended provisions.

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