Hasina's death penalty to be enforced upon arrest if no appeal filed in time: ICT prosecutor
Interpol notice to be sought for Hasina and Kamal, he says
Once the 30-day appeal period under the International Crimes Tribunal (ICT) Act expires, the government can execute the death sentence verdict against ousted prime minister Sheikh Hasina, ICT Prosecutor Gazi MH Tamim said today (18 November).
Responding to the reporters' questions at the ICT premises this afternoon, he said, "If the 30 days pass, there is no opportunity to seek forgiveness or delay condonation. The government will then execute the verdict."
The ICT yesterday sentenced Hasina and former home minister Asaduzzaman Khan Kamal to death in a case over crimes against humanity committed during last year's July Uprising.
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There is a 30-day window to appeal a death sentence verdict at the Appellate Division of the Supreme Court under the International Crimes Tribunal (ICT) Act.
"If the 30 days pass and they are arrested, the verdict will be executed," he said.
Tamim said Bangladesh's criminal justice system follows two approaches.
"In cases where the relevant law does not specify an appeal period, the timeline is determined under the Limitation Act, which allows for delay condonation under Section 5. In such cases, even if the appeal deadline has expired, a convicted person may still seek condonation of delay and request permission to file the appeal late," he said.
However, Tamim stressed that this flexibility does not apply to special laws that explicitly prescribe an appeal period.
"Where a special law specifies the appeal timeframe, once that period expires, there is no scope for condoning the delay," he said.
Asked whether former IGP Chowdhury Abdullah Al-Mamun, who was sentenced to five-year prison sentence, could now seek bail, Tamim replied that once convicted, none of the convicts can seek any relief from the Tribunal.
"Their relationship with the tribunal ends here. They may only request certified copies of the verdict, witness depositions, or other documents. With those, they can file an appeal at the Appellate Division within 30 days and may seek bail while the appeal is being filed," he said.
Interpol notice to be sought for Hasina, Kamal
The ICT plans to request an Interpol notice to bring back fugitive convicts Hasina and Kamal, according to Tamim.
"Once a certified copy of the verdict reaches the district magistrate, they will determine how each part of the judgment will be executed. For the two absconding accused, arrest warrants and red notice applications have already been filed. Now, instead of an arrest warrant, the Ministry of Foreign Affairs will be requested to issue an Interpol notice based on the conviction warrant. Prosecution has already begun working on this process," he said.
Tamim added that a certified copy of yesterday's ICT verdict will be provided to the prosecution and the accused who has been arrested. The fugitives will also receive a copy if they surrender or are arrested within 30 days. To ensure implementation, another copy of the verdict will be sent to the District Magistrate of Dhaka.
Regarding the timeline for sending copies of the verdict, the prosecutor said, "Some official procedures are underway, after which the copies will reach the proper authorities."
