Backlogged Death References: 1,300 convicts in condemned cells await final verdict

Fatiha Maskura, now 45, has been in the condemned cell of a jail since June 6, 2016, after a Sylhet court sentenced her to death for killing her husband Ibrahim Abu Khalil Al Hafiz. Ibharhim was killed on May 18, 2015, following a family dispute, according to the case statement. 

The death reference (documents) of the case reached the High Court for confirmation of the sentence, after the metropolitan sessions judge concerned of Sylhet delivered the verdict.

If a lower court sentences any person to death, the HC examines its judgement by hearing arguments to confirm the sentence. The case documents and judgement reach the HC in seven days after the lower court delivers the verdict.

Unfortunately, hearing and disposing of death references and appeals may take many years, which means the large number of convicts must wait in jail throughout the long period. And the situation is worsening, as such documents are piling up.

On June 11, 2016, Fatiha filed an appeal with the HC, challenging the verdict. The HC on August 9, 2016, accepted the appeal for hearing, along with the death reference.

Following an application from Fatiha, the HC on February 2, 2017 ordered the office concerned to make the case ready for hearing, and accordingly, it was prepared, Fatiha's lawyer Khurshid Alam Khan told The Daily Star.

He said Fatiha's family is worried about her, as she has been in the condemned cell for a long time. Khurshid said the HC is likely to start hearing the appeal and death reference soon.

After the HC disposes of the death reference and appeal, the matter will be settled by the Appellate Division of the Supreme Court, which may take at least three years.

Then the apex court must hear and dispose of the review petition in connection with the case for final disposal. All judicial proceedings of a death reference take huge time, said Khurshid, also editor of Dhaka Law Reports.

He said on average, it takes eight to 10 years for final disposal of a death reference by the HC and Appellate Division.

HC sources said 811 death references were pending with the court till December 10 this year. They include those of August 21 grenade attack cases, Ramna Batamul bomb blast case, Barishal's Rifat Sharif murder case, Chattogram's 10 truck arms haul case and Feni's madrasa student Nusrat Jahan Rafi murder case.

Khurshid said around 1,300 convicts in connection with the death references are now in condemned cells across the country.

Contacted, Attorney General AM Amin Uddin told The Daily Star yesterday that earlier, two separate HC benches heard and disposed of death references and related appeals. Now, three benches are doing so. Nothing can be done at this moment regarding the death references.

The attorney general said death reference benches may be increased if new judges are appointed to the HC.

When asked whether new judges be appointed, he quoted the top law officer of the state saying that appointing new judges to the HC is a continuous process.

Backlog of pending death references at the HC is growing day by day due to shortage of judges. The rate of filing of such cases is higher than the disposal rate. Hearing and disposing of sensational cases is being prioritised, and the HC is currently dealing with death references filed in 2015.

The HC disposed 70 death references, while 102 reached it from lower courts across the country from January 1 to December 10 this year, HC sources said.

A total of 100 of the documents were disposed of last year, while 164 reached the court.

A total of 615 death references were pending till September 4, 2017, after 40 were heard and disposed of from January 1 to August 24 that year, while 120 were filed from January 1 to September 4, they said.

In 2016, there were 535 of such documents pending, after 161 were filed and 45 disposed of. In 2015, 419 were pending, after 114 were filed and 58 heard and settled. In 2014, 363 were pending, after 135 were heard and disposed of and 92 filed.