Holey Artisan Attack: HC commutes death sentences of 7 militants
Staff Reporter :
The High Court on Monday commuted the death sentence to imprisonment till death of seven accused for their involvement in 2016 Holey Artisan Café attack that claimed the lives of 22 people, including 17 foreigners.
The High Court bench of Justice Shahidul Karim and Justice Md Mostafizur Rahman delivered the verdict after hearing their death references, jail appeals and appeals filed by the convicts challenging the lower court verdict.
However, the High Court upheld the fines imposed on them and different terms of imprisonment given under various sections of the law by the trial court.
The seven convicts are— Jahangir Hossain, Aslam Hossain Rash, Hadisur Rahman, Rakibul Hasan Regan, Abdus Sabur Khan, Shariful Islam Khaled and Mamunur Rashid Ripon.
Md Amimul Ehsan Zubayer, a defense counsel, said the trial court had given punishment to the convicted persons under a section of the Anti-Terrorism Act-2009 that is applied for “direct involvement” in the offence and had given death penalty.
But those who directly took part in the attack were killed during the army operation following the attack, he said.
On the other hand, the High Court found the convicts guilty of involvement in hatching conspiracy, provoking and assisting the persons directly took part in the cafe attack and so sentenced them to jail until death, he said.
Under the section, life sentence is the highest punishment for assisting or provoking the direct participants of the crimes, Zubayer, a counsel for Shariful Islam Khaled, said.
Earlier on November 27 in 2019, a Dhaka Court awarded death penalty to 7 accused for their involvement in 2016 Holey Artisan Café attack.
It also fined Tk 50,000 each.
Judge of the Anti-Terrorism Special Tribunal of Dhaka, Md Majibur Rahman, delivered the verdict.
The judge ordered that the convicts to be hanged till their death.
On July 1, 2016, armed militants stormed Holey Artisan Bakery at the diplomatic zone in Dhaka’s Gulshan area and killed nine Italians, seven Japanese, two Bangladeshis, one Indian and one Bangladesh-born US citizen.
Two police officers were also killed during the 12-hour standoff.
On July 4 that year, Sub-Inspector Ripon Kumar Das filed a case with Gulshan Police Station under the Anti-Terrorism Act accusing six named and some unknown people of creating “unrest” in Bangladesh and trying to turn it into a “terrorist state”.
On July 23 in 2018, police submitted the charge sheet to the chief metropolitan magistrate of Dhaka, accusing eight people for the attack.
On November 26 the same year, the tribunal framed charges against the eight.
The trial court gave death sentence to seven accused and acquitted another accused, Mizanur Rahman alias Boro Mizan, from the charge as allegations brought against him could not be proved.
Later their death references came to the High Court for its approval.
At the same time the convicted accused files appeals and jail appeals.
The High Court held hearing on the death references, jail appeals and appeals together.
