International Crimes Tribunal (ICT) Chief Prosecutor Md Aminul Islam has rejected suggestions for a fresh trial of ousted prime minister Sheikh Hasina with stating that Bangladesh’s legal framework does not allow a person to be tried twice on the same charges.
Speaking at a press briefing on the ICT premises on Sunday afternoon, November 15, Aminul responded to questions regarding international media reports that the Indian government wants Hasina to be granted an appeal or a retrial.
Explaining the legal position, the chief prosecutor noted that a retrial known in legal terms as a de novo trial was previously practised in Bangladesh, India and Pakistan but has since been abolished in all three countries. He argued that nations lacking such a legal provision should not advise Bangladesh to adopt it.
Regarding the possibility of an appeal, Aminul stated that neither the government nor the prosecution holds the jurisdiction to grant an appeal outside existing legal boundaries. He pointed out that the International Crimes (Tribunals) Act, 1973 and its 2010 Rules of Procedure were enacted during previous Awami League governments and the current administration has not altered the appeal provisions.
Questioning India’s stance, the chief prosecutor said New Delhi had been aware of the legal proceedings from the beginning while Hasina was sheltering there. He asked why India had not advised her to return to Bangladesh to face trial or file an appeal within the stipulated timeframe rather than raising the issue after the deadlines had expired.
Hasina, who fled to India following the 2024 July Uprising was tried in absentia and sentenced to death by the tribunal in a crimes against humanity case.
