[Deathpenalty] death penalty news-----worldwide

[Rick Halperin]

Jan. 23



BANGLADESH:

Death warrants for 6 JMB men to be issued in 3 days


The jail authorities will issue death warrants for the 6 condemned members
of Jamaatul Mujahideen Bangladesh (JMB) within the next three days in
connection with the Jhalakathi judges murder case.

The latest development came following receipt of a copy of the Supreme
Court (SC) rejection of the condemned men's appeals against the death
sentences by the jail authorities on Sunday, 54 days after the SC had
delivered the order. The jail authorities started the process of
executions yesterday.

Executing the condemned now depends on a government clearance, although a
number of provisions already exist to carry out the executions within 21
to 28 days following receipt of the court order by the jail authorities.

The SC on November 28 rejected the six condemned JMB men's petitions
seeking permission to appeal against a High Court (HC) judgment upholding
the death sentences for killing two judges in a suicide bomb attack in
Jhalakathi on November 14.

On Sunday and yesterday, the jail authorities read out the SC rejection to
all the 6 condemned JMB men, in accordance with the jail code.

Inspector General (Prisons) Brig Gen Zakir Hasan told The Daily Star last
night, "We will fix the date of execution within the next 2 or 3 days."

Out of the 6 condemned members of the fanatic Islamist militant group JMB,
one is in Rangpur jail, one is held in Kashimpur Jail in Gazipur, and the
rest are on death row in Dhaka. Another condemned JMB operative is
currently absconding.

Jail authority sources said they are in a dilemma about whether they will
follow the new jail code or the old one, because the 2 codes provide two
different timeframes for carrying out executions after receiving court
orders.

The jail authorities will seek the help of the law ministry to clarify the
matter, said jail authority sources.

IG (Prisons) Zakir yesterday said, "We informed the home ministry today
that we have received a copy of the Supreme Court order."

"We will fix a date for the executions in accordance with the code and
then inform the home ministry," the IG said adding, "We will wait for the
government to confirm the executions."

The old jail code stated, the jail authorities would also ask the
condemned to inform the authorities in seven days if they want to petition
the president for clemency.

If the condemned men petition for presidential clemency and the president
turns it down, the jail authorities will fix a date for the executions
within 21 to 28 days of receiving the president's decision.

In case the condemned decide not to file any petition for presidential
clemency, the jail authorities will start counting down 28 days after the
stipulated timeframe of seven-day for the petitions will be over, and will
fix a date for their executions between 21 to 28 days. In that case if
counted retroactively from yesterday the execution date will fall between
February 12 and 18.

According to the new jail code, after the jail authorities receive the
court order, they are bound to read out the order to the condemned, who
are then provided 15 days to submit petitions for presidential clemency.

If the president rejects a petition then an execution is to be carried out
within 21 to 28 days following the date of receipt of the president's
decision by the jail authorities.

If the 6 condemned JMB men choose not to submit petitions for presidential
clemency, then the execution dates will be fixed within 21 to 28 days
following the date of receipt of the court order by the jail authorities,
which was Sunday, January 21 in this specific case.

Sources said, the jail authorities will then inform the home ministry the
dates of executions. The jail authorities will then have to wait for the
government's decision up to 60 days.

If the government does not inform the jail authorities of the decision
within the stipulated 60 days, then the prison authorities will have to
send a reminder to the home ministry for a final decision.

But, as soon as the government gives clearance to carry out the
executions, the jail authorities are free to execute the condemned on
schedule.

Although both the old and new jail codes provide specific timeframes for
issuing a death warrant, the jail authorities however will receive
petitions for presidential clemency up to the mid-day of the dates of
executions and send them to the president for his decision, the IG
(Prisons) said.

If anyone submits a petition for presidential clemency after the mid-day,
the jail authorities will still send it to the president and contact him
over the telephone for instructions, the IG said. "If the president tells
us to stay the execution, we will do so. But if he turns down the petition
we will carry out the execution on schedule," he added.

Executions are carried out at one minute past the zero hour.

Jail sources said, they are already aware that the families of at least
three of the condemned JMB men, including JMB chief Abdur Rahman and
another lynchpin Siddiqul Islam alias Bangla Bhai, are eager to submit
petitions to the president for clemency.

The IG (Prison) said, "I am also aware that some of the condemned are
eager to submit mercy petitions, but I'm not sure who they are."

"Even if the families submit mercy petitions, they will be sent to the
president for his consideration," Zakir added.

The condemned 6 are JMB chief Abdur Rahman, top lynchpin Siddiqul Islam
alias Bangla Bhai, 3 other Majlish-e-Shura members Ataur Rahman Sunny,
Abdul Awal and Khaled Saifullah, and a suicide bomber Iftekhar al Mamun.

Senior assistant judges Jagannath Pandey and Sohel Ahmed were killed in a
suicide bomb attack at Purba Chadkati in Jhalakathi town on November 14
last year in the wake of a series of bombings carried out by JMB militants
across the country.

The High Court on August 31 upheld the trial court verdict that had
sentenced 7 JMB men to death on May 29.

(source: Daily Star)