Dhaka [Bangladesh], March 17 : Bangladesh's Chief Prosecutor, Muhammad Tajul Islam on Monday announced that an investigation report against former Prime Minister Sheikh Hasina may be filed as early as April.
"The cases against Sheikh Hasina, the investigation process is going on. You know the crimes against humanity are the most complex case in the world, and the investigation process is also complex", Muhammad Tajul Islam, Chief Prosecutor of the International Crime Tribunal, Bangladesh, said in an interview with ANI.
This development comes after Hasina's ousting in August 2024, following weeks of protests and violence that resulted in the deaths of approximately 1,400 people, according to a UN fact-finding assessment report.
The Chief Prosecutor emphasised that the investigation process is complex due to the widespread nature of the crimes and the involvement of thousands of perpetrators and victims.
"Offences committed all over Bangladesh, 56 square kilometres of Bangladesh. Thousands of perpetrators took part in the occurrences, and the victims are also thousands of numbers. That's why the investigation process takes longer time than expected", he added.
"For flowless investigation, we need to give them appropriate time to complete the investigation. But still, the investigation is going on and we hope that within the next month,h at least one report against Sheikh Hasina will be filed", Islam said.
Hasina, who fled to India, is facing two cases: one for crimes against humanity committed during the July and August 2024 mass upsurge in Bangladesh, and another for enforced disappearances and extrajudicial killings.
"The allegations against Sheikh Hasina are the crimes against humanity. So we have filed two cases against Sheikh Hasina. One is for the July and August massacre, which is the crimes against humanity committed during July and August (2024) during the mass upsurge in Bangladesh, the student movements, the other words called the revolution of July. This is one charge, Although the charge has not yet been filed. A case has been started against her that is the crimes against humanity committed during July and August in Bangladesh. That is one", he said.
"Another one is enforcing disappearance cases as well as extrajudicial killings, etc. We have filed another case for these charges. Basically, two cases are running right now. Investigation is going on in both the cases", the Chief Prosecutor, who is an official of rank and status of Attorney General.
"For one case for the July massacre, the investigation report against Sheikh Hasina and her command responsibility that is at the .... We hope within the next month we will get the investigation report", he said.
"Punishment has been describe in the law. We have the death penalty, we have the life imprisonment and other punishment as well. So, what type of punishment what type of sentence will be imposed that is to be decided by the court, by the tribunal", Islam said.
Hasina in Sugust 2024 fled to India, and an interim government led by Nobel Laureate Muhammad Yunus was subsequently formed.
Bangladesh's government formally requested India to repatriate Sheikh Hasina to face the trial.
"No formal response made by India, although they have admitted that a formal request made by the Bangladesh government was received by the government of India. So far, they (India) have not made any reply, no response from the Indian side. We hope since India is a democratic country, I hope they will be respectful of the role of law and will assist Bangladesh in putting a perpetrator before a court of law for her trial. We urge the government of India to repatriate her as per the terms and conditions of the repatriation treaty signed between India and Bangladesh" " the Chief Prosecutor said.
In reply to a question, he said, "Our law is very much clear: if somebody is absconding, since Hasina is staying in India, the government of India is not repatriating her to Bangladesh, so we have the option to go for the in absentia trial is available in our jurisdiction. If she does not come back to Bangladesh, we will go for an in absentia trial against her. In that case, the state will appoint the lawyer on behalf of her, to defend her", he said.
"During the previous time, this tribunal was used for political persecution, and at that time, it was highly tainted, and the international community highly criticized the previous tribunal. But this time, the government has amended the law and made the law competent with international standards. We have removed the impediments ensuring a free and fair trial. Law is right now is completable with international standard", he said.
If Hasina fails to return to Bangladesh, the court may proceed with an in absentia trial, appointing a lawyer to defend her. The Chief Prosecutor assured that the tribunal has been reformed to ensure a free and fair trial, meeting international standards.
"Certainly, it is a challenging case. It is a very big size of case as the level of atrocities is huge. The challenge is most of the prime suspects are out of the country. To bring them before the tribunal is the primary challenge. Then the challenge is the widespread nature of the crime. We need sufficient time to complete the investigation. Influential perpetrators are not arrested somebody staying abroad, mostly they are staying in India. Some persons from the different organizations including law and enforcement agencies, were not yet arrested as potential threats to the witnesses. For free and fair trial, witness protection is a big challenge," he said.
Meanwhile, a US Awami League leader, Rabbi Alam, has hinted that Sheikh Hasina may return as Bangladesh's Prime Minister, dismissing the legitimacy of the current government under Nobel Laureate Muhammad Yunus.