Ousted former prime minister Sheikh Hasina and former home minister Asaduzzaman Khan, who have been convicted in a case concerning crimes against humanity, must file their appeals within 30 days. After this period, they will no longer have the opportunity to appeal.
International Crimes Tribunal (ICT) prosecutor Gazi Monowar Hossain Tamim stated this to journalists on Tuesday.
In response to questions during a briefing on the tribunal premises, he said that if they (convicted Sheikh Hasina and Asaduzzaman Khan) do not appeal within 30 days, the verdict will be executed if they are arrested.
On Monday, International Crimes Tribunal–1 sentenced Sheikh Hasina and former home minister Asaduzzaman Khan to death in a case involving killings committed during the July mass uprising, along with other crimes against humanity.
In the same case, the approver or state witness, former inspector general of police (IGP) Chowdhury Abdullah Al-Mamun, was sentenced to five years imprisonment.
Section 21 of the tribunal act grants convicted accused persons the right to appeal. Subsection 3 of this section states that an appeal must be filed within 30 days from the date of conviction, sentencing, acquittal or the imposition of any sentence.
After this period of 30 days has passed from the date of the verdict, no appeal shall be admissible.
Subsection 4 of section 21 states that an appeal must be disposed of within 60 days from the date it is filed. It is notable that Sheikh Hasina and Asaduzzaman Khan, the convicted accused, are currently absconding.
A journalist asked what the appeal process would be if Sheikh Hasina does not return within 30 days but comes back after three months.
In reply, prosecutor Gazi Monowar said that in laws where no specific time-limit for appeal is mentioned, the time-limit is determined according to the Limitation Act.
However, in special laws that explicitly provide a fixed time for appeal, there is no scope for condonation of delay; that is, once the 30 days have elapsed, no such application can be entertained.
When asked, “Does Sheikh Hasina and Kamal have to take action within these 30 days?”, prosecutor Gazi Monowar responded, “According to the law, yes. Once the 30 days have passed, the verdict will be executed if they are arrested.”
In response to a question on whether former IGP Mamun may now apply for bail, prosecutor Gazi Monowar said that none of the convicted persons may seek any further relief from the tribunal.
They may only file an appeal before the Appellate Division within 30 days. During the pendency of an appeal, they may apply for bail.
Members of the July fighters and their families have expressed dissatisfaction with the five-year sentence of former IGP Mamun. They have stated that they wish to appeal against the verdict.
In response, Gazi Monowar said that if they so wish, they may approach the Appellate Division within 30 days in accordance with the law.