Bangladesh

No direct evidence of assault: Rights groups urge SC to review Morshed's death sentence in Abrar Fahad murder case

Waadaa Desk

Rights groups have urged Bangladesh's Supreme Court to review Morshed Amartya Islam's death sentence in the Abrar Fahad murder case, citing lack of direct evidence and concerns over judicial integrity. They emphasized the need for an independent review free from public pressure and reiterated their opposition to the death penalty, calling for fair hearings and safeguarding judicial independence.

The World Organisation Against Torture (OMCT) and the All Victims & Veterans Network (AVN) have urged Bangladesh's Supreme Court to ensure a thorough and independent review of Morshed Amartya Islam's death sentence in the Abrar Fahad murder case, raising concerns over the assessment of evidence and his individual criminal responsibility.

In a joint statement issued on Wednesday, the organisations said the Appellate Division was reportedly scheduled to hear Morshed's case on 24 November 2026, stressing that the review must remain free from pressure to impose exemplary punishment.

While condemning Abrar's killing and acknowledging his family's right to truth, justice and accountability, the groups said justice should not be measured by the severity of punishment or its ability to satisfy public outrage. They reiterated their opposition to the death penalty in all circumstances, describing it as irreversible and incompatible with human dignity.

Morshed was 18 years and 11 months old at the time of the killing. His appeal raises concerns over the evidence presented at trial, arguing that no direct evidence links him to the assault.

According to the appeal, the investigating officer admitted during cross-examination that there was no evidence Morshed attended planning meetings or physically assaulted Abrar.

The defence has also alleged serious irregularities in the proceedings before Dhaka Speedy Trial Tribunal-1. It claimed that the written verdict attributed statements to four key witnesses that they had not made in court, including statements implicating Morshed.

The organisations said these allegations raised serious questions about the integrity of the conviction and required careful scrutiny by the Appellate Division, particularly given Morshed's age at the time of the incident.

They stressed that criminal liability must be determined individually on the basis of reliable evidence. The prosecution reportedly distinguished between defendants accused of directly participating in the assault and those alleged to have been involved in other ways.

With 20 defendants sentenced to death, the organisations said it was particularly important for the court to examine how evidence, individual culpability and mitigating circumstances had been assessed in each case.

The statement also raised concerns about the pressure surrounding the proceedings, pointing to widespread public outrage and demands for the harshest punishment following Abrar's killing.

Then Prime Minister Sheikh Hasina had called for the case to be expedited and publicly promised severe punishment. The High Court judgment also recorded the Deputy Attorney General's argument that the crime had “touched each and every person in society” and warranted “exemplary punishment”.

Although such remarks do not establish that the court was improperly influenced, the organisations said they reinforced the need for rigorous scrutiny of judicial independence and impartiality.

They also expressed concern over media trials and public narratives that could prejudge guilt or pressure courts towards predetermined outcomes. While recognising the importance of media coverage of criminal proceedings, they said the use of a Speedy Trial Tribunal must not compromise defendants' ability to prepare their defence or effectively challenge prosecution evidence.

The groups cited the scale of capital punishment in Bangladesh as another reason for rigorous judicial scrutiny. According to AVN, trial courts handed down 3,779 death sentences between January 2010 and August 2025.

OMCT's recent research on death row in Bangladesh also documented the prolonged uncertainty and harsh conditions faced by people awaiting execution. It recorded that 294 people were acquitted by the country's highest court on final appeal between 2009 and August 2026.

The organisations said these figures demonstrated the risks of irreversible judicial errors, particularly when convictions could be overturned only after years of confinement under a death sentence.

Citing Articles 6 and 14 of the International Covenant on Civil and Political Rights (ICCPR), they said Bangladesh was obliged to protect the right to life and guarantee fair-trial rights. A death sentence imposed following proceedings that violate these guarantees could amount to an arbitrary deprivation of life.

They also referred to Article 6(6) of the covenant, which states that its provisions cannot be invoked to delay or prevent the abolition of capital punishment.

The organisations called on the Appellate Division to conduct a full review of the evidence and law in Morshed's case, including the defence's allegations concerning witness statements, his individual criminal responsibility, age and other mitigating circumstances.

Arguing that the prosecution had failed to establish Morshed's individual culpability beyond reasonable doubt, they said the Appellate Division was legally obligated to acquit him.

They also urged the authorities to safeguard judicial independence, ensure fair hearings for all defendants, establish a moratorium on executions and take concrete steps towards abolishing the death penalty.

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