The lengthy delays involved in confirming death sentences and disposing of appeals in Bangladesh have long been a matter of public debate.
Such delays have contributed to a perception that crimes go unpunished, while convicted prisoners are often forced to endure years of isolation in condemned cells.
For those who are eventually found innocent after long periods of incarceration, the suffering is even greater.
The Appellate Division of Bangladesh’s Supreme Court has acquitted a woman who spent a decade on death row after being sentenced to death for the murder of her husband.
The verdict was delivered on Wednesday by a four-member bench of the Appellate Division led by the chief justice, which allowed the appeal filed by Fatiha Mashkura and cleared her of all charges.
On 18 May 2015, the body of Ibrahim Khalil, of the Uttar Par of Dhopadighi in Sylhet, was recovered from the bedroom of his residence.
Police later detained Mashkura for questioning, and she subsequently also gave a confessional statement before a court.
Following the filing of a case with the Kotwali Police Station, police submitted a charge sheet against Mashkura, the sole accused, on 24 August of the same year. On 6 June 2016, the Sylhet Metropolitan Sessions Court sentenced her to death.
The case was then sent to the High Court as a death reference for confirmation of the sentence, while the convict also filed both a jail appeal and a criminal appeal.
On 31 January 2022, the High Court dismissed her appeal and upheld the death sentence. Mashkura subsequently challenged the ruling before the Appellate Division.
Her lawyer, SM Shahjahan, told journalists, “There was no evidence in this case apart from the accused’s confessional statement.”
He added, “The confession was recorded in the presence of police officers, making it inadmissible. Consequently, the court acquitted the accused.”
A similar case emerged on 16 June when the High Court acquitted Md Abdullah of Abhaynagar in Jashore during a death reference hearing.
Although the prosecution ultimately failed to prove the offence, Abdullah had spent many years in prison.
On 15 January 2008, Abdullah’s wife, Sabura Begum, suffered severe burn injuries and later died. The following day, Sabura’s father, Shamsur Sheikh, filed a case in which Abdullah was named as the sole accused.
Eleven years later, in 2019, the Jashore Women and Children Repression Prevention Tribunal-1 sentenced Abdullah to death.
The verdict was subsequently sent to the High Court for confirmation, and it took a further seven years for the hearing process to be completed.
Following the High Court’s ruling, defence counsel said the prosecution had failed to prove the accused’s presence at the scene.
There was insufficient witness testimony and shortcomings in the investigation. As a result, Abdullah’s alleged involvement in the murder of his wife could not be established beyond reasonable doubt, leading to his acquittal.
