As Hasina fails to appeal verdict, death sentence will be executed soon after return : ICT Chief Prosecutor
Chief Prosecutor of the International Crimes Tribunal (ICT) Advocate Md Aminul Islam on Tuesday (November 10) categorically stated that fugitive convict Sheikh Hasina has not submitted appeal against her death sentence in time, her verdict will be executed soon after her return.
He also said there is no legal scope for the Bangladesh government to issue a passport or travel document to absconding death-row convict Sheikh Hasina, asserting that her return to the country can only take place under the provisions of the bilateral Extradition Treaty.
"Sheikh Hasina is a death-row convict sentenced by the ICT for crimes against humanity. There is no legal scope under existing passport laws to issue a passport to a convicted fugitive. If she wishes to return to Bangladesh, she must do so under the Extradition Treaty," the ICT Chief Prosecutor told newsmen on the ICT premises on the noon.
Responding to reporters' queries regarding recent discussions on issuing a passport or travel pass to the ousted prime minister, the Chief Prosecutor cited statutory prohibitions under the Bangladesh Passport Order 1973.
Dissecting the legal framework governing travel documentation, Advocate Aminul Islam highlighted Articles 6 and 7 of the Bangladesh Passport Order 1973 as insurmountable legal barriers.
Article 6 Prohibition: Under Article 6 of the Order, passport authorities are explicitly barred from issuing a passport to any person who has been convicted of an offense and sentenced to imprisonment for a minimum term of two years, within five years prior to the application.
Article 7 Revocation & Moral Turpitude: Article 7 empowers the government to impound or revoke the passport of any individual convicted of an offense involving moral turpitude.
"Crimes against humanity fall squarely under the definition of moral turpitude," the Chief Prosecutor explained. "Accordingly, the government of Bangladesh has already revoked her passport. Under the law, passport authorities possess no legal jurisdiction or discretion to issue a passport to a convicted offender."
Addressing the constitutional dimension of movement rights, the Chief Prosecutor clarified that constitutional protections guaranteed to ordinary citizens do not apply to absconding convicts.
While the constitution grants ordinary citizens the right to travel abroad and return to Bangladesh, Advocate Aminul Islam emphasized that this right cannot be claimed by an individual who fled the country prior to trial and remains a fugitive from justice.
"Sheikh Hasina initiated her life as a fugitive prior to the delivery of the verdict," he noted, detailing how she evaded arrest warrants, ignored formal notices published in national newspapers, and deliberately abstained from participating in judicial proceedings.
He further pointed out that following the publication of the tribunal's judgment, Sheikh Hasina failed to file an appeal within the statutory 30-day window, thereby exhausting her legal avenues for appeal.
"How can the government issue a passport to a death-row convict under such circumstances?" Aminul Islam questioned. "Issuing a passport or travel pass to a convicted fugitive on behalf of the state would amount to making a mockery of the judicial process. The statutory threshold of a minimum two-year sentence strictly debars passport issuance."
Turning to the former prime minister's current presence in neighboring India, the Chief Prosecutor dismissed recent claims regarding her return as mere political posturing.
He noted that the Indian government had publicly stated that Sheikh Hasina was granted shelter on humanitarian grounds following her approach. However, he expressed deep skepticism regarding her genuine willingness to face Bangladesh's legal system.
"If Sheikh Hasina genuinely intended to return to Bangladesh, she would have officially submitted a written request to the Indian government," Aminul Islam stated. "To date, we have no knowledge of any such written request being submitted to Indian authorities. We have no hesitation in stating that she has no sincere desire to return."
He emphasized that it there had been any genuine intent, she would have returned during the trial or surrendered within 30 days of the verdict to lodge an appeal.
"She will not return voluntarily, nor does any legal framework permit her return outside formal channels," the Chief Prosecutor remarked, describing recent public chatter surrounding her return as a "political stunt" (stuntbaji). "Her return can only be executed through the formal framework of the Extradition Treaty."
Source: BSS