Hasina’s trial in absentia conditional

Deposed Prime Minister Sheikh Hasina's trial can be done in absentia if India refuses to comply with an extradition request, says foreign special adviser to the International Crimes Tribunal (ICT) chief prosecutor.

He expressed the opinion at a press briefing held on the ICT premises in Dhaka Wednesday after meetings with the prosecution team and investigation agency of the tribunal that is now trying its founders in a change of fortune through the July-August uprising.

"If extradition request is refused, we will have to then look upon whether she is tried in her absence," said Mr Cadman in reply to a query from a reporter.

He pointed out that the Chief Prosecutor and his office have a role over bringing charges against her so that an extradition request can be made.

"There is an extradition treaty between Bangladesh and India. But we also are aware of what has been stated so far. I don't want to prejudge what India is going to do. But of course it is the role the Chief Prosecutor and his office to ensure that charges are brought so that an extradition request is made," Cadman further said.

"Now, obviously, we are aware that for a number of states, particularly European states, have a refusal to extradite or provide evidence in relation to proceedings where the death penalty is maintained. Now, of course, that will have to be a discussion that the government will need to engage in whether it is appropriate to maintain the death penalty in these proceedings" the Special Adviser also said about the provision of capital punishment.

Chief Prosecutor Tajul Islam and Prosecutor BM Sultan Mahmud were among others present during the briefing.

A British lawyer, Toby Cadman, co-founder of London-based law firm Guernica 37 Group and Joint Head of Guernica 37 Chambers, has recently been appointed special adviser to the chief prosecutor of the ICT in Dhaka.

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