5 years after horrific Gulshan attack, hearing on death sentences stalled

Dhaka, July 1 It was late evening on July 1, 2016 when five young militants stormed into the Holey Artisan Bakery, a popular site for expats, in Dhaka's Gulshan area and went on to kill 20 diners, two policemen and two staffers before they were shot dead by army para-commandos the next morning.

Five years hence, the paperwork of the death reference of seven convicts is now ready, but the hearing cold not start due to the ongoing Covid-19 pandemic.

The neo-JMB militants, armed with pistols, sub-machine guns, choppers and grenades, had taken around 40 people hostages, including restaurant staff and guests. Among the diners, they killed an Indian girl, nine Ital, seven Japanese, one Bangladeshi-born American, and two Bangladeshis.

Two police officials Salahuddin Ahmed, Officer in Charge of Banani police station, and Rabiul Karim were killed as they tried to take on the attackers.

In an army mission codenamed 'Thunderbolt', para-commandos rescued 13 hostages, included women and children, and killed all five attackers to end an overnight siege that shocked the world and came on a Friday during Ramadan.

The incident changed the perception of militancy in Bangladesh, showing how even educated youths from well-off families can be lured into this most atrocious crime.

In wake of the attack, Bangladesh shifted resources to combating the scourge and anti-militancy operations were intensified. Dozens of militants were killed, including most of the masterminds behind the attack, or arrested.

An anti-terrorism tribunal on November 27, 2019 sentenced to death seven militants of the banned Neo-Jama'atul Mujahideen Bangladesh (Neo-JMB) for the attack.

"The attackers are unworthy of mercy, because of the despicable manifestation of militancy's insane, cruel and brutal side," judge Md Mojibur Rahman held.

"The armed terrorists carried out the killings in front of children. The militants hacked the motionless bodies to confirm their deaths. The Bakery turned into a Death Valley all of a sudden," he said. The attack was an "attempt at character assassination of a secular Bangladesh" and it made foreigners feel insecure in the country.

The seven convicts sentenced to death are Jahangir Hossain aka Rajib Gandhi, Rakibul Hasan Regan, Aslam Hossain alias Rashedul Islam Rash, Abdus Sabur Khan alias Soheil Mahfuz, Hadisur Rahman Sagar, Shariful Islam Khaled alias Khalid and Mamunur Rashid Ripon. Another accused Mizanur alias Borro Mizan, was acquitted as his involvement could not be proved.

Following the rules, the death references were sent to the High Court on December 5, 2019. The High Court's dispatch then forwarded them to the Death Reference Department that sent a copy of the verdict and other documents to the government press after scrutiny.

After five months, on August 18, 2020, the press submitted the paper-book to the court's relevant department. But Bangladesh was already being battered by the pandemic.

The court officials prepared the paper-book nearly a year back but a High Court bench to hear the death references is yet to be designated.

Attorney General A.M. Amin Uddin on Thursday he will try his best to see the hearing is held as soon as possible once the situation is back to normal.

"There has been a delay to begin hearing the death reference cases because the court has not been operating regularly since March last year," he said.

However, the top law officer did not say whether the government will appeal against the acquittal of the accused or not.

Supreme Court spokesman Mohammed Saifur Rahman said: "Due steps will be taken on the death references following the rules once the work is done."

Meanwhile, to mark the attack's 5th anniversary, the RAB and DMP chiefs paid homage to the sculpture of Saladin Khan and Rabiul Karim with flowers. Also the cafehouse in Gulshan was opened for visitors, especially foreigners to pay their tributes, by placing wreaths but on a limited basis due to the strict lockdown.

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