On 8 November 1998 the Dhaka District and Sessions Court sentenced 15 ex-military men to death by firing squad on charges of having assassinated Bangladesh's "founding father" Sheikh Mujibur Rahman, along with most of his family, in a 15 August 1975 coup (The Tribune 9 Nov. 1998; Dhaka Courier 13 Nov. 1998a, 10; ibid. 20 Nov. 1998, 13). The convicted are Col Syed Farooqur Rahman, Lt-Col Sultan Shahriyar Rashid Khan, Lt-Col Muhiuddin, Col Khandaker Abdur Rashid, Lt-Col Aziz Pasha, Major Shariful Haq Dalim, Major Bazlul Huda, Major Noor, Major Mohiuddin, Major Rashed Chowdhury, Major Ahmed Sharful Hasan, Capt Kismat Hashem, Capt Majed, Lt Nazmul Ansar, Risaldar and Moslemuddin (The Tribune 9 Nov. 1998).

According to Bangladesh law, the verdict goes automatically to the High Court/Supreme Court for confirmation (Dhaka Courier 13 Nov. 1998a, 11; The Bangladesh Observer 10 Nov. 1998a, 1); once confirmed, the sentence can be carried out (ibid.). Those sentenced have to appeal to a higher court (The Tribune 9 Nov. 1998) within seven days (Dhaka Courier 13 Nov. 1998a, 11; The Bangladesh Observer 10 Nov. 1998a, 1). Once the trial process in the High Court is completed, those convicted can still appeal to the Appellate Division, as well as appeal for clemency to the President (ibid.; Dhaka Courier 13 Nov. 1998a, 12). Following the rendering of the verdict, Advocate Anisul Huq, one of the public prosecutors stated that the entire appeal process could take 7-8 months (The Bangladesh Observer 10 Nov. 1998a, 1).

Of the 15 sentenced to death, Lt. Col (dismissed) Syed Farooqur Rahman, Lt-Col Sultan Shariyar Rashid Khan (Retd.) and Lt-Col (Retd.) Muhiuddin Khan had been previously arrested and had stood trial while the rest who had absconded were tried in absentia (The Tribune 9 Nov. 1998; ibid. 10 Nov. 1998; Dhaka Courier 20 Nov. 1998, 13). Major (Retd.) Bazlul Huda was extradited from Bangkok two hours after the verdict was announced (ibid.; Dhaka Courier 13 Nov. 1998a, 10; The Tribune 10 Nov. 1998). Following the verdict, these four were taken to the "condemned cell" of Dhaka Central Jail (Dhaka Courier 13 Nov. 1998, 12).

Advocates for the four filed separate appeals to the High Court under Section 410 of the Criminal Procedure Code (CrPC), on the basis that death by firing squad was "illegal" and "improper," that the judgement was based on charges framed illegally and not in accordance with the law, and that the trial did not comply with Sections 94 and 95 of the Army Act which provides that a "joint trial of military service men with civilians and or former military service men" cannot take place (Dhaka Courier 20 Nov. 1998, 13).

According to two sources, two of the absconders, Kishmat Hashem and Nazmul Ansar, are living in Canada as Canadian citizens, while a third absconder, A.K.M. Mohiunddin Ahmed, is in the US applying for US citizenship (The Tribune 10 Nov. 1998; Dhaka Courier 13 Nov. 1998b, 14). Abdur Rashid is believed to be in Libya and other absconders are allegedly in Kenya, Pakistan and Zimbabwe (Dhaka Courier 13 Nov. 1998b, 14).

District and Sessions Court Judge Kazi Golam Rasul acquitted four others, namely Honorary Captain (Retd.) Abdul Wahab Joardar, former Bangladesh Information Minister Taheruddin Thakur, Dafadar (Retd.) Marfat Ali Shah and Lance Dafadar (Retd.) Abul Hasem Mridha as there was "not enough evidence against them" (The Tribune 9 Nov. 1998; The Bangladesh Observer 10 Nov. 1998b, 1). Shah and Mrida were tried in absentia (ibid.). Joardar was released immediately from jail as he had no other allegations against him, whereas Thakur remained in prison on charges in the 3 November 1975 killing of 4 national leaders in Dhaka Central Jail (ibid.; Dhaka Courier 13 Nov. 1998, 11). In mid-November 1998 The Bangladesh Observer reported that the government was contemplating appealing the acquittal of these three men (10 Nov. 1998b, 1).

Although death by firing squad is contrary to the Criminal Procedure Code mode which is by hanging, Dhaka District and Sessions Judge Kazi Golam Rasul imposed it because of the "brutality" of the crime (Dhaka Courier 20 Nov. 1998, 13). The Judge stated that if, due to "technical reasons," the execution could not be carried out in public by firing squad, then the convicted men were to be executed by the conventional method of hanging (ibid.; The Tribune 9 Nov. 1998). However, the prosecution stated it would not file a revision petition against the mode of execution of the death penalty (Dhaka Courier 20 Nov. 1998, 13).

The process to bring the alleged assassins to trial began on 2 October 1996 when Mohitul Islam, the personal assistant of Sheikh Mujibur Rahman, filed a First Information Report (FIR) with the Dhanamondi police station (The Tribune 9 Nov. 1998; AI May 1997). The trial began formally on 12 March 1997, deposition and cross-examination began on 6 July 1997, and a total of 61 witnesses, including 39 members of the army, navy, air force and Bangladesh Rifles, made depositions (The Tribune 9 Nov. 1998). The historic judgement came after 148 days of hearing (ibid.).

More recent information on the status of the appeals filed and on the absconders could not be found among the sources consulted by the Research Directorate.

For detailed background information on the arrests of the accused, their detention and their trial/court proceedings, please consult the May 1997 Amnesty International publication entitled

Bangladesh: Trial of Alleged Killers of Sheikh Mujibur Rahman and His Family Members.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). May 1997. Bangladesh: Trial of Alleged Killers of Sheikh Mujibur Rahman and His Family Members. (AI Index ASA 12/02/97). London. Amnesty International. http://www.amnesty.org/alib/aipub/1997/ASA/ 31300297.htm [Accessed 1 Nov. 1999]

The Bangladesh Observer [Dhaka]. 10 November 1998a. "Death Penalty to 15: Verdict to Go to Supreme Court Automatically."

_____. 10 November 1998b. "Government to Appeal Against Acquittal of Thakur, 3 Others."

Dhaka Courier. 20 November 1998. Rashed Chowdhury. "Squad Against Firing Squad."

_____. 13 November 1998a. Rashed Chowdhury. "Long-Awaited Verdict."

_____. 13 November 1998b. Farzan Hasan. "Nation Erupts into Celebration."

The Tribune [Chandigarh]. 10 November 1998. "Mujib Case: Move to Bring More Fugitives." http://www.tribuneindia.com/98nov09/head.htm [Accessed 1 Nov. 1999]

_____. 9 November 1998. "15 Sentenced to Death for Killing Mujib." http://www.tribuneindia.com/98nov09/head.htm [Accessed 1 Nov. 1999]

Additional Sources Consulted

Dhaka Courier. Weekly. 13 November 1998-15 October 1999.

Resource Centre. "Bangladesh" country file. November 1998-October 1999-11-02

Electronic sources: various internet sites, IRB Databases.