Experts against presidential clemency to war crimes convicts

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As the possibility for the present government to be able to execute the ICT verdicts against war criminals looks thin, experts and activists suggest amendment to the Constitution plugging up the scope for presidential clemency, reports UNB. There is an apprehension in public mind that the convicts might come out of jail with the change of government as the current regime seems unlikely to be able to execute the verdicts as its tenure expires in October next. "The government needs to remove the apprehension from public mind. I propose bringing an amendment to the Constitution so that the convicted war criminals are kept out the President's clemency provision," Prosecutor Rana Dasgupta told UNB on Friday. He said since the present government has two-thirds majority in the House, it can do that easily. "Only inclusion of a sentence in the existing provision - 'Convicted war criminals will not fall under the purview of the presidential clemency'-can ensure the execution of the convicts." Responding to a question, Rana Dasgupta said if the convicts are acquitted through the Appellate Division judgment that is different thing. "But, if the Appellate Division upholds the ICT verdicts it will have to be executed." He said people's apprehension is there in that stage as they think the war crimes convicts will come out availing of the presidential clemency if the government changes. "The government can only bring people into confidence acting promptly." Echoing Rana Dasgupta's sentiment, Sammilito Sangskritik Jote President Nasiruddin Yusuf Bachchu told UNB, "I also think so." He said the convicted war criminals who had been involved in genocide, killing, rape and arson should be kept out of the ambit of presidential mercy. Responding to a question about amendment to the Constitution, he said, "The government should do everything needed for the quick execution of the convicts." In response to another question about the possible delay over Appellate Division judgment, he said, "I've confidence in that." Talking to this correspondent, Gonojagoron Moncho spokesperson Imran H Sarkar said they want quick execution of the convicted war criminals. "We shouldn't keep any scope for the convicts to seek presidential clemency." He said they have already unofficially drawn attention of the government to keep the convicted war criminals out of presidential mercy provision. "If necessary, we'll hold a meeting and take the decision in this regard." Rana Dasgupta, however, said since the ICT law is new, the Appellate Division needs time to understand it as the domestic and international crimes are not of the same nature. "Once the Quader Mollah case is settled through the Appellate Division, it won't take time for other cases…there'll be a momentum in other cases." Responding to a query, Rana Dasgupta said he expects that two or three cases will be settled finally and verdicts will be executed within the tenure of the present government. "It's my conviction." On Wednesday, Law Minister Barrister Shafique Ahmed said there is no scope for the President to pardon war criminals as per international conventions. "Although the President of our country has power to pardon any convict, I feel that the President will not exercise the power to show clemency to the war crimes convicts considering all the relevant aspects," he added. So far six verdicts have been delivered by the ICT-1 and ICT-2 in a series of convictions against persons tried for crimes against humanity in 1971. In the preceding verdicts, four got capital punishment, while two received jail terms.