Former Bangladesh Prime Minister Sheikh Hasina will have to face the legal consequences of her conviction, including the execution of her death sentence, if she returns to the country, Chief Prosecutor of the International Crimes Tribunal Md Aminul Islam said on Tuesday.
Speaking at a press briefing, Aminul Islam said Hasina had not appealed against the tribunal’s verdict in a crimes against humanity case. He also ruled out the possibility of her obtaining a Bangladeshi passport, citing provisions of the Bangladesh Passport Order, 1973.
Explaining the legal position, the chief prosecutor referred to Article 6 of the Passport Order, which sets restrictions on issuing passports to individuals convicted of certain offences and sentenced to imprisonment.
According to him, crimes against humanity fall within the category of offences involving moral turpitude, making Hasina ineligible for a passport. He added that her passport had already been cancelled on legal grounds. Aminul Islam said the relevant provisions of Article 6, particularly sub-clauses A, B, C and E, prevent passport authorities from issuing travel documents to individuals facing such circumstances.
He also referred to Article 36 of the Bangladesh Constitution, which guarantees citizens the right to enter and leave the country. However, he argued that this constitutional provision does not automatically entitle someone who has evaded judicial proceedings to receive a passport.
The prosecutor said an arrest warrant had been issued to facilitate Hasina’s return, while other legal measures, including newspaper notices, had also been undertaken.
He further questioned reports that a London-based law firm had approached Bangladeshi authorities seeking a passport for Hasina. According to him, passport applications must be submitted by the applicant personally, but neither Hasina nor her political party had directly filed such a request. He questioned the legal basis on which the London-based law chamber had acted on behalf of Hasina, who is currently staying in India. He also said no formal agreement between the law firm and Hasina had been made public.
The chief prosecutor noted that the Bangladesh Passport Order was introduced by the country’s first Government following independence. He maintained that issuing a passport or travel document to a convicted individual in these circumstances would undermine the judicial process.
Meanwhile, the Bangladesh government has reiterated its intention to bring Hasina back from India through the extradition process, saying it sees no major legal obstacle under the existing extradition treaty between the two countries. Prime Minister’s Information and Broadcasting Adviser Zahed Ur Rahman made the statement at a separate press briefing at the Secretariat on Tuesday.
He said Bangladesh intended to seek the return of Hasina, who has been convicted by the International Crimes Tribunal, and expected cooperation from the Indian government. According to Zahed, the bilateral extradition agreement provides Bangladesh with the legal framework to seek information about a fugitive, request an arrest and formally ask India to hand over the individual.
He acknowledged that legal complications could emerge if the person facing extradition approached a court to challenge the process. However, he suggested that such a development was less likely if Hasina herself wished to return to Bangladesh.
Addressing reports that Hasina had sought a Bangladeshi passport and national identity card, Zahed clarified that she had not personally submitted any application. He said Bangladesh’s Press Minister in Delhi had received a letter from a law firm requesting arrangements for the issuance of a passport to Hasina. However, the adviser stressed that receiving such a letter was not the same as Hasina personally filing an application.
The two officials’ remarks indicate that Bangladesh is pursuing separate legal and diplomatic avenues concerning Hasina’s possible return from India, including the enforcement of the tribunal’s verdict and the extradition process.