After being ousted from power during a mass uprising led by the anti-discrimination student movement on August 5, former Prime Minister Sheikh Hasina has taken refuge in India. Since the interim government led by Nobel laureate economist Dr Muhammad Yunus took charge, over 250 cases including allegations of genocide and enforced disappearances have been filed against her.
Currently, discussions are underway about the legal processes through which the former Prime Minister can be brought back to face justice.
Amidst this, Toby Cadman, special advisor to the Chief Prosecutor of the International Crimes Tribunal (ICT) expressed hope that Sheikh Hasina can be returned through normal procedures.
Toby Cadman shared this view during a meeting on Wednesday (December 11) with the Chief Prosecutor of the Tribunal and investigation agency officials.
India's Role as a Democratic State
The international law expert stated that India as a democratic country, would respect Bangladesh's judicial system and send Sheikh Hasina back, who is considered the main accused in the July genocide.
Tribunal Law Aligning with International Standards
Toby Cadman emphasized that the revised ordinance of the International Crimes Tribunal law meets international standards now, though some additional amendments are necessary. He assured full cooperation for a transparent and credible trial process in addressing crimes against humanity committed in July and August.
International Collaboration and Possible Scenarios
He further mentioned that under the existing laws of Bangladesh, formal charges would be filed against Sheikh Hasina in accordance with the International Crimes Tribunal Act. If she is not extradited after an official request, the Bangladesh government may consider proceeding with her trial in her absence. If necessary, international cooperation through the International Criminal Court could also be sought.
Death Penalty Concerns and Global Practices
Regarding the global reluctance to extradite individuals to countries where the death penalty exists, Toby Cadman commented that Bangladesh's unique context must be understood. The court will decide whether the death penalty will be imposed or not.
In September, Toby Cadman visited Bangladesh following the fall of the Awami League government amid the July-August movements. On September 2, he met with Chief Advisor Dr Muhammad Yunus at his residence, Jamuna.
