DHAKA, Dec 11, 2024 (BSS) - International Crimes Tribunal (ICT) Special Prosecutor Advisor Barrister Toby Cadman today said legal call will be made to India in a proper way for extraditing ousted prime minister Sheikh Hasina to Bangladesh.

"We would definitely urge India, which is a democratic country, to extradite Sheikh Hasina. We know it for sure that Bangladesh and India have an extradition treaty and we are aware of whatever has been said so far in this regard. We don't want to hold a pre-trial on things India going to do in the future. Now it is the major responsibility of the tribunal and its chief prosecutor to bring charges against Sheikh Hasina appropriately, ensuring the facts like informing India to bring her back and make her face justice," said Cadman, an international law expert.

Toby Cadman made the observations while addressing media this morning in front of the ICT building here. ICT chief prosecutor Muhammad Tajul Islam, prosecutors BM Sultan Mahmud and Abdullah Al Noman were present on the occasion, among others.

Replying to a question of a newsman, Barrister Cadman said they are also holding discussions on whether to try Sheikh Hasina in absentia or take assistance of International Court of Justice, if India rejects the call for extraditing her.

"Full support and assistance is needed from the global community for the present process of the trial. I have already talked to the representatives of the UK, the USA, EU and the UN here. I am hopeful that we have the scope to get support from many in this regard," he said.

The ICT special prosecutor advisor, however, stressed need for discussion on whether the government would lose much-expected support from the EU and the UN if the provision of death sentence is kept as maximum punishment at the ICT.

"It must be remembered that if such a situation arises, it is for the court to consider whether it would be appropriate to suspend the death penalty as a punishment in this case. Since the nature and extent of the crime can only be understood at the end of the trial, we will work closely with the United Nations and other institutions to ensure that all necessary assistance is provided to the prosecutors and the judges in determining that," he further said.

"It will be ensured that all those facing justice before the tribunal receive a fair and transparent trial in accordance with the constitution, domestic law and international treaties to which Bangladesh is a party," Barrister Toby said.

On the amendment of the International Crimes (Tribunals) Act, he said, "I think the right steps have already been taken. The amendments that have been made are essential to ensure a fair trial and there are still some points that need to be amended. The chief prosecutor would point out the things we have discussed, to the law adviser of the country."

Barrister Toby Cadman urged the people of Bangladesh, especially the media to have patience and extend their support for the trial, saying, "I got the opportunity to talk with the investigation officials and the prosecutors this morning and I was very impressed seeing their works. They have demonstrated a high level of professionalism in all their work." 

"Since these are very complex but very important cases, the people involved must be allowed to work without any outside interference to properly complete the tasks involved," he said.

Toby Cadman, also the co-founder of the London-based The Guernica 37 Group, was appointed as the Special Prosecutor Advisor to the ICT last month (November) to bring his invaluable knowledge and experience to this critical role.

"His expertise would be instrumental in addressing the complex challenges of prosecuting crimes against humanity, ensuring that the voices of victims are heard, and justice is served," ICT Chief Prosecutor Muhammad Tajul Islam said at the time.