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🇧🇩 Bangladesh /Crime & Justice

War Crimes Prosecutor Says Order Letting Abul Kalam Azad Appeal Death Sentence Was Unlawful

From Daily Star · () English

Translated from English and summarized by DistantNews. Read the original for the full story.

At a glance

News Named sources In the courts
  • Bangladesh’s International Crimes Tribunal chief prosecutor said an interim government order allowing convicted war criminal Abul Kalam Azad to surrender on condition of filing an appeal was unlawful.
  • Aminul Islam said the tribunal law requires appeals within 30 days of a judgment, while the government separately has discretionary power to suspend, remit or cancel a sentence.
  • Azad received a death sentence in 2013 for crimes against humanity during Bangladesh’s 1971 Liberation War and remained a fugitive before and after trial.

The government could suspend Abul Kalam Azad’s death sentence, but it could not make an expired appeal possible through an executive order, the chief prosecutor of Bangladesh’s International Crimes Tribunal said.

Md Aminul Islam said the order allowing Azad to surrender on the condition that he file an appeal violated the International Crimes (Tribunals) Act, 1973. The law requires an appeal within 30 days of a judgment, he said.

The order itself was contrary to our law, the International Crimes (Tribunals) Act, 1973.

· Md Aminul IslamThe chief prosecutor rejected the legality of the order allowing Azad to surrender on condition of filing an appeal.

“The order itself was contrary to our law, the International Crimes (Tribunals) Act, 1973,” Aminul told reporters. “There is no scope for an executive order to supersede the International Crimes Tribunal Act.”

There is no scope for an executive order to supersede the International Crimes Tribunal Act.

· Md Aminul IslamHe said an executive order could not override the statutory deadline for appeals.

He distinguished that issue from the government’s authority to suspend a sentence under Section 401 of the Code of Criminal Procedure. “We have no disagreement with the suspension of his sentence. The government has the authority to do that,” he said.

Azad was sentenced to death by International Crimes Tribunal-2 in 2013 for crimes against humanity committed during the 1971 Liberation War. He remained absconding before and after the trial. After the political changeover following the July Uprising in 2024, the home ministry issued a notification in October 2025 suspending his sentence for one year.

We have no disagreement with the suspension of his sentence. The government has the authority to do that.

· Md Aminul IslamHe said prosecutors did not object to the government suspending Azad’s sentence under criminal procedure law.

Aminul said the tribunal had not admitted or accepted Azad’s appeal, leaving no pending proceeding before the Appellate Division to which Article 104 could apply. He said the government’s power under Section 401 was discretionary, not an obligation or precedent. “The government can suspend, remit or even cancel a sentence at any time,” he said. “Once 30 days have elapsed after a tribunal judgment, I do not see any alternative except implementing that judgment.”

The government can suspend, remit or even cancel a sentence at any time.

· Md Aminul IslamHe described the government’s Section 401 power as exclusive and discretionary.
About this summary

Originally published by Daily Star in English. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

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