The two ICTs have so far awarded capital punishment to 14 convicts in 19 cases, but this is the first time a tribunal has ordered the execution of the death sentence by shooting.
The verdict says: “Considering the overall flow of incidents, we’ve agreed that justice is possible only by awarding death sentence to Syed Md Hasan Ali.” Ali is the first war crimes convict to receive death sentence with provision of execution by shooting.Ali was awarded the capital punishment after five out of the six charges had been proven beyond doubt. The charges include genocide, murder, kidnap and confinement.
The three-member ICT-1, led by Justice M Enayetur Rahim, awarded the punishment on Tuesday.
The two other members are Justices Jahangir Hossain and Anwarul Haque. There is no instance in the country of anyone, awarded capital punishment under the Criminal Procedure Code, being executed by shooting. Death sentences are executed in the country by hanging the convicts by the neck.
Earlier, the judge in the Bangabandhu murder case had ordered execution of the convicts by a firing squad but they were hanged to death following an order of the High Court.
In their observation, the judges said the International Crimes (Tribunals) Act, 1973 had not specified the means of execution. “But Clause-268 of the Criminal Procedure Code provides for execution by hanging until death. And Clause-34(a) of the Special Powers Act of 1974 provides for execution by hanging or shooting until death,” they said.“In our judgment, the death sentence can be executed by hanging the accused by the neck till he is dead or by shooting him till he is dead.”
Attorney General Mahbubey Alam told , “There is no instance of execution by a firing squad.
“The convicts in the Bangabandhu murder case were ordered to be executed by a firing squad but the High Court did not maintain it.”
He, however, said Bangabandhu’s murder was tried under the CrPC and the verdict was executed as per the Jail Code, which provided for execution only by hanging.
But the Jail Code is not applicable to ICT judgment, he added.
Referring to the ICT law, the attorney general said Ali could appeal against the verdict in 30 days from its pronouncement. He will lose the right to appeal after that period, he added.