Sheikh Hasina sentenced to death in Bangladesh: Can she appeal against the order?
Former Bangladesh PM Sheikh Hasina has been found guilty on three counts: incitement, order to kill and inaction to prevent the atrocities.
Bangladesh’s International Crimes Tribunal on Monday sentenced former prime minister Sheikh Hasina to death for “crimes against humanity” over her crackdown on student protesters in Dhaka last year, which led to her ouster and escape to India. The 78-year-old has called the ruling “biased and politically motivated”.
Hasina fled to India after the student-led uprising last year threw her from power and ousted her administration. She has since issued statements targeting the Muhammad Yunus-led interim government, accusing him of seizing power “illegally and unconstitutionally”.
Catch latest updates related to Sheikh Hasina's verdict here.
The former PM has been found guilty on three counts: incitement, order to kill and inaction to prevent the atrocities, the court said. But can she appeal against the order?
What are Sheikh Hasina’s options? Can she appeal?
The ICT-BD law states that a convicted person has the right to appeal against their conviction and sentence. Section 21 of the International Crimes Tribunals Act of 1973 says that any person “convicted of any crime sentenced by a Tribunal shall have the right of appeal to the Appellate Division of the Supreme Court of Bangladesh…”
However, Hasina was sentenced in absentia and she was declared a “fugitive” by the court earlier. Bangladeshi lawyers said that fugitives cannot appeal against guilty orders “while on the run”.
Prosecutor Gazi Monawar Hossain Tamim told The Daily Star that the law says the convict must be either arrested or surrender to be able to file an appeal to the Appellate Division of the Supreme Court against the order.
“The appeal must be lodged within 30 days of the verdict, and the law mandates that the Appellate Division dispose of the appeal within 60 days of its filing,” he said.
ICT chief prosecutor Tajul Islam also said that Hasina has no legal right to file an appeal since she is a “fugitive”, according to Bangladesh's The Business Standard.
He said, “The accused can file an appeal with the Supreme Court within 30 days if they wish. But no fugitive can do so, because a fugitive has no legal rights. To appeal, they must come to Bangladesh, surrender, and go to jail.”
Hasina’s defence lawyer Md Amir Hossain, whom she does not recognise, also said that the former prime minister could only appeal if she “surrenders... or is arrested”.
Will Sheikh Hasina appeal against the order?
Hasina's son and adviser, Sajeeb Wazed, told Reuters ahead of the verdict that they would not appeal against the order unless a democratically elected government assumed office in Bangladesh along with the Awami League’s participation.
"I wholly deny the accusations that have been made against me in the ICT," the former prime minister said after the order was delivered.
