Review maintainable in war crimes cases

Review petitions can be filed over appeal verdicts in war crimes cases, says the Supreme Court’s Appellate Division.

The provision is extended to both convicts and the state, the full verdict of the review filed by Abdul Quader Molla before his execution has made that clear.

The full verdict of war criminal Molla’s review rejected last year was published on Tuesday, said Supreme Court Registrar Md Kuddus Zaman.

Review petitions filed by individuals convicted under the International Crimes (Tribunal) Act 1973 will be maintainable, it said, adding that it cannot be equated to an appeal.

It must be filed within 15 days, since the 30-day period of limitation followed in regular cases will not apply in such cases, the verdict said.

“If any review or mercy petition is filed or pending, the sentence cannot be executed unless the petitions are disposed of.”

The matter brings to an end longstanding arguments between prosecutors and defence lawyers about scope for review.

Jamaat-e-Islami assistant secretary general Md Kamaruzzaman whose death sentence was upheld by the Appellate Division can also seek a review.

Prosecutors will also be able to file a review against the verdict that lowered the death sentence for war criminal and Jamaat leader Delwar Hossain Sayedee.

The Appellate Division on Sept 17 last year awarded death to Molla, sentenced to life by the war crimes tribunal. His lawyers filed two pleas following the order.

One sought review of the appeal verdict and the other pleaded for his release after review. Molla was hanged on Dec 12 after the pleas were rejected.