Constitution does not allow clemency for convicts of int'l crimes

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Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed said that as per the existing Constitutional provision the President cannot grant any prayer seeking clemency for anyone convicted of committing crimes against humanity. "Killing, mass killing, atrocity, arson, rape, forced conversion and expulsion from a country are always recognized as International Crimes. The constitution never approves any mercy to anyone, convicted of committing International Crimes," the minister said while talking to BSS at his office Tuesday morning. He said Article 49 of the Constitution has empowered the President to apply authority to grant clemency to any convict, but before applying this authority the nature of the crimes should be considered. "Homicide out of enmity and mass killing, atrocity, arson, forced conversion and expulsion are not the same nature of crimes and the gravity of the crimes is also not the same. The President while considering any prayer from a convict for committing crimes against humanity seeking mercy should follow article 49 side by side with article 47/3 of the Constitution. The scope of granting clemency is barred by the Constitution when this two sections and other relevant laws will be read at the same time," Barrister Ahmed said. He alleged that some media presented his yesterday's comments on the trial of Ghulam Azam wrongly. I had said "Peoples' aspiration was to hold trial of the perpetrators of crimes against humanity for long and their desire is going to be fulfilled by holding the trial." He further said "whether the punishment, which was awarded by the tribunal, has fulfilled their desire or not, I cannot pass any opinion in this regard as I am an executive minister". "Both the parities (State and Defence) have already announced that they will file appeal before the Appellate Division of the Supreme Court against the Tribunal's verdict. It would not be wise to say anything about the verdict and the punishment before the judgment of the Appellate Division" the minister added. Replying to a query, the minister said country's law does not bar awarding capital punishment to anyone of any age, but awarding punishment is absolutely the authority and inherent power of the court. He said it was the election pledge of Awami League(AL) to hold trial of the perpetrators of crimes against humanity and it became mandatory both legal and ethical for AL to ensure holding of the trial.