No Ban on Sheikh Hasina's Normal Speech, Only on Hate Speech: Chief Prosecutor
The Chief Prosecutor of the International Crimes Tribunal, M. Aminul Islam, stated that there are no legal barriers to the normal speech of former Prime Minister Sheikh Hasina, who was ousted in the July mass uprising. He clarified that court orders specifically prohibited her from making hateful remarks, not from speaking altogether. "The court order stated that she should not say anything hateful. She was not forbidden from speaking; she was only told not to make hateful statements. If she speaks normally, there is no ban on that," the Chief Prosecutor explained. He made these remarks on Tuesday afternoon during a press conference at his office within the International Crimes Tribunal premises.
Regarding Sheikh Hasina's return to the country and the execution of her sentence, the Chief Prosecutor informed that if she returns, the death sentence will be carried out according to the law. If she has the opportunity to appeal, it will proceed after the appeal is resolved; otherwise, it will be handled differently. He noted that according to Section 21(3) of the International Crimes Tribunal Act, appeals must be filed within 30 days of the verdict, a deadline that has passed, thus eliminating her chance to appeal. He also mentioned that there is no precedent for granting bail to anyone sentenced to death in Bangladesh.
Earlier in the press conference, responding to a question about a draft law on enforced disappearances, the Chief Prosecutor detailed that the draft categorizes disappearances into two types. Isolated incidents will be treated as distinct criminal offenses, while systematic and widespread disappearances will be considered crimes against humanity, subject to trial at the tribunal. He also provided an update on the investigation and trial progress for the July mass uprising murder case, indicating that 109 out of 590 allegations have been selected, encompassing incidents from across the country. He believes that consolidating investigations for areas like Jatrabari, Uttara, and Narsingdi would save time. The Chief Prosecutor's office aims to complete both investigations and trials within the next year.
The Chief Prosecutor's clarification addresses a legal nuance regarding restrictions on a former Prime Minister's public statements, distinguishing between permissible and prohibited speech. This distinction is crucial for maintaining due process and public discourse while upholding legal judgments. The statement also outlines the legal framework for executing a death sentence and the limited avenues for appeal, underscoring the finality of judicial decisions when statutory timelines are missed. Furthermore, the proposed legislation on enforced disappearances signals a move towards differentiating individual criminal acts from state-sponsored or systematic human rights violations, aiming for more precise legal accountability. The stated goal of concluding investigations and trials within a year reflects an effort to expedite justice, though the complexity of such cases often presents significant challenges to meeting such ambitious timelines. The system's capacity to manage large caseloads efficiently and fairly will be tested.
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