Bangladesh has no legal scope to issue a passport to former prime minister Sheikh Hasina, who is currently in India and has been sentenced to death, International Crimes Tribunal Chief Prosecutor Md Aminul Islam said on Tuesday.
Speaking at the International Crimes Tribunal premises, Aminul Islam said the tribunal law does not permit appeals after 30 days from the publication of a verdict. He said that, as Hasina had not appealed within that period, there was no alternative to enforcing the verdict against her.
“Sheikh Hasina has been living as a fugitive since before her conviction,” the chief prosecutor said. “Arrest warrants have been issued to bring her back, and notices were published in newspapers asking her to return to Bangladesh and face the cases. But she avoided them.”
Aminul Islam said Hasina had not filed an appeal after the verdict was published and would have no legal opportunity to appeal in the future.
International Crimes Tribunal-1 sentenced Hasina and her government’s home minister, Asaduzzaman Khan, to death on November 17 last year in a case involving crimes against humanity committed during the mass uprising.
Former Inspector General of Police Chowdhury Abdullah Al-Mamun, another accused in the case who became an approver or state witness, was sentenced to five years in prison.
“How can the Bangladesh government issue a passport to a person sentenced to death?” Aminul Islam said. “If the government issues a passport or travel pass to a convicted person, it would be a mockery of justice.”
He said Hasina should submit a written request to the Indian government if she wanted to return to Bangladesh. “She should ask the Indian government in writing to hand her over to Bangladesh under the extradition treaty. That would be the proper course for her,” he said.
Aminul Islam said Hasina had never shown a genuine willingness to return to Bangladesh. He said she could have returned to face the cases while proceedings were ongoing or filed an appeal within 30 days of the verdict’s publication.
The chief prosecutor also alleged that some “foolish workers” of the Awami League, inspired by what he described as Hasina’s false statements, were attempting to create political instability in various places.
Meanwhile, Supreme Court senior lawyer Mohammad Shishir Monir said an appeal must be filed under Bangladesh Passport Rules when a passport is cancelled. He said no application could be made for the reissuance of a cancelled passport, and a fugitive accused could not submit any application under the law without first surrendering to it.