UN experts call for holding up Molla's execution

Two independent United Nations human rights experts on Monday urged Bangladesh government to halt the execution of Abdul Quader Molla, whose death sentence could be carried out “as early as tomorrow" (Tuesday).

Independent experts, or special rapporteurs, are appointed by the Geneva-based UN Human Rights Council to examine and report back on a country situation or a specific human rights theme.

According to UN, the positions are honorary and the experts are not UN staff, nor are they paid for their work.

Molla was sentenced to life in prison by the International Crimes Tribunal and later on government appeal, the Supreme Court sentenced him to death on Sept 17.

As the Supreme Court final verdict cannot be appealed, the Special Rapporteur on the independence of judges and lawyers Gabriela Knaul said “The right of appeal is of particular importance in death penalty cases”.

“Anyone convicted of a crime has the right to have his or her conviction and sentence reviewed by a higher tribunal, as laid down in the International Covenant on Civil and Political Rights to which Bangladesh is a party,” she said in a news release.

"This provision is violated where a court of final instance imposes a harsher sentence that cannot be reviewed."

Knaul and the Special Rapporteur on summary executions, Christof Heyns, reiterated their concerns that the defendant was not granted a fair trial.

“In countries that have not abolished the death penalty, capital punishment may be imposed only following a trial that complied with fair trial and due process safeguards,” said Heyns.

“Any death sentence undertaken in contravention of a Government’s international obligations is tantamount to an arbitrary execution,” he stressed.

“Only full respect for stringent due process guarantees distinguishes capital punishment as possibly permitted under international law from a summary execution, which by definition violates human rights standards."

He also cautioned that “under such circumstances, the execution of Mr. Mollah could trigger further violence and unrest that has been agitating the country in the recent months”.

The experts called for all the defendants whose cases are underway before the Tribunal and the Supreme Court to receive fair trials.