No alternative to carrying out Sheikh Hasina’s death sentence: Chief Prosecutor
Chief Prosecutor of the International Crimes Tribunal, Md Aminul Islam, said that there is no alternative to enforcing the death sentences once Sheikh Hasina returns to the country.
He made this statement the day after the news broke about the ousted former Prime Minister Sheikh Hasina applying for a passport to return to the country.
During a briefing at the premises of the International Crimes Tribunal on Tuesday, Chief Prosecutor Aminul Islam stated that the tribunal law specifies that appeals will not be accepted 30 days after the verdict is announced.
Currently, there is no alternative but to enforce the verdict concerning Sheikh Hasina.
On 17 November of the previous year, International Crimes Tribunal-1 sentenced Sheikh Hasina and her government's Home Minister Asaduzzaman Khan to death in a case related to crimes against humanity during a mass uprising.
Another accused in the case, former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun, was sentenced to five years as a state witness.
Fifty-seven days after the verdict announcement, the full judgment of the case was made public on 13 January. The law provides for appeals to be filed within 30 days of publishing the full verdict. It is stated in the judgment that appeals will not be accepted after 30 days.
Sheikh Hasina, who fled to India after being ousted in the 2024 coup, has been at large since the trial began. She expressed in an international media interview her intent to return to the country at any cost in December. Renewed discussions on the issue have arisen following the recent news about her passport and national identity card applications.
In today's briefing, journalists inquired whether Sheikh Hasina would have the chance for a legal fight upon returning to Bangladesh. In response, Aminul Islam stated, "Whether she gets a legal opportunity or not; what process she will follow to avail herself of a legal opportunity or not; . . . if she is found in Bangladesh, this will be settled then."
The Chief Prosecutor noted that according to the International Crimes Tribunal law, Sheikh Hasina has no opportunity to appeal.
However, some raise questions about whether the death sentence can be executed without a hearing for the sentenced individuals, which Aminul Islam explained.
He stated that the tribunal comprises three judges. These judges are qualified to be High Court justices or are or have been High Court justices.
In the country, if a murder case is tried, a Sessions Judge or an Additional Sessions Judge may deliver a death sentence. The legal provision is that such a verdict is implemented subject to the approval of the High Court, meaning a bench of two High Court justices is formed for confirmation. But in the case of the International Crimes Tribunal, such conditions do not apply for implementing the sentence.
The Chief Prosecutor explained that the absence of this condition is because the tribunal is equivalent to the High Court in status. It is not only of equivalent status; in the tribunal, a bench is formed with three justices, as opposed to two in the High Court, thus making the tribunal's bench larger.
When trials occur in this tribunal, appeals cannot be made in the High Court. Such appeals are directly filed in the Appellate Division of the Supreme Court. Only direct appeals against any tribunal verdict are filed in the Supreme Court's Appellate Division.
Aminul Islam further commented on those who spread misleading statements on social media that a hearing is necessary for executing a death sentence, emphasising that tribunal law is special law, and ''The Limitation Act'' does not apply to it. According to the tribunal law, it is clearly stated that appeals will not be admitted after 30 days. Hence, Chief Prosecutor Aminul Islam concluded that currently, there is no alternative to enforcing the verdict concerning Sheikh Hasina.
When a journalist asked how Jamaat-e-Islami leader Abul Kalam Azad appealed against the death sentence verdict in a case related to crimes against humanity during the Liberation War, the Chief Prosecutor Aminul Islam responded that Abul Kalam Azad appealed out of time. Since it is currently sub judice, he refrained from commenting further on the issue.