Abstract"In exceptional circumstances or ‘rare’ cases, such old age, ill health and physical disability should be considered in mitigation. Issues concerning the physical impairment and severe old age complications of the convicted person of course will appear to be a matter for consideration in the execution of the sentence of death, if awarded. No physically and mentally unfit person should face the gallows. Accused Md. Abdul Alim has been found guilty for his calculated brutal activities forming part of attack that resulted in death of hundreds of civilians. But the letters of law cannot be unkind in awarding sentence, ignoring his perceptible physical impairment.
The gravity of the offences proved [as listed in charge nos. 2, 8, 10 and 14] undeniably requires the imposition of the maximum sentence provided for. But we cannot remain blind to the physical impairment and old age complications of the convict accused. This circumstance is considered as a mitigating circumstance which certainly does not directly related to the offence proved and its gravity. We need to pen our view emphatically that any mitigating circumstance must not in any way diminish the gravity of the offence. A finding of mitigating circumstance merely relates to ‘assessment of sentence’ and in no way derogates the gravity of the crime. It mitigates punishment, not the crime.
However, keeping the factors as conversed above in mind we are of agreed view that justice would be met if mitigated sentence is awarded, instead of capital punishment.
Accused Md. Abdul Alim never opted to articulate remorse in any manner, either during or before the trial, for his acts forming part of attack that resulted commission of horrendous atrocities constituting the offence of crimes against humanity and genocide during 1971. The Act of 1973 does not exclude in principle that a sentence of imprisonment for life be served in full. Imprisonment for remainder of the convict accused’s natural life refers to shutting the ‘outside world’ out and bringing his focus into the world within the fences or walls.
This Tribunal thus perceives that his being at liberty shall be rather pained for human civilization and humanity. Being confined in within the fences till remaining part of life may let the convict to sense what extreme deliberate criminal acts he committed directing the unarmed civilians, by taking culpable stand against the birth of Bangladesh. Therefore, for the crimes as listed in charge nos. 2, 8, 10 and 14 the convict accused Md. Abdul Alim @ M.A Alim who has been found guilty beyond reasonable doubt is condemned to a single sentence of ‘imprisonment for remaining part of life’ i.e, he shall suffer the sentence of imprisonment awarded till his natural death under section 20(2) of the Act of 1973."
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Language : English
Entry Type : Case Law, ICT-BD Judgments and Orders
Uploaded By : Rayhan Rashid
Upload date : Wednesday, 9 October 2013