How long will it take for the final settlement of Hasina's case?

The International Crimes Tribunal is set to deliver its verdict against Sheikh Hasina and three other accused on Monday (November 17) in the case of crimes against humanity committed during the July mass movement. Whether the verdict convicts or acquits the accused, it will not be considered a final judgment immediately. After going through various trial procedures, we will have to wait a long time for the final verdict from the Supreme Court. This is what legal experts have said.

According to the rules, after the tribunal's verdict, there is no need to appeal to the High Court to implement it or challenge it. Although the International Crimes Tribunal conducts trials like a trial court, it is a court holding the powers of the High Court. Therefore, if one appeals against the verdict in such cases, s/he has to file a plea directly with the Supreme Court (Appellate Division). However, according to the Tribunal's Act, a review plea can be filed directly with the Appellate Division to implement the tribunal's verdict, not with the High Court.

Although it is not mandatory to appeal to the Appellate Division to enforce the High Court's verdict. In this case, as the tribunal plays the role of a trial court, both the accused and the state have to appeal to the Appellate Division against whatever verdict the tribunal delivers.

Legal experts said that although the tribunal's verdict against Sheikh Hasina and three others on crimes against humanity will be delivered on November 17, many more steps have to be taken for a final verdict in this regard.

An appeal has to be made against the verdict of the International Crimes Tribunal (ICT). Section 21 of the International Crimes (Tribunal) Act, 1973 states that a notice of appeal must be given within 60 days of the announcement of the verdict and it will be disposed of by the Appellate Division of the Supreme Court where both the accused and the prosecution can appeal. That is, according to the law, a notice of appeal has to be given within 60 days, the appeal process is completed through the Appellate Division of the Supreme Court and its disposal can be time-consuming.

For example, a review of the trial of former Jamaat-e-Islami Ameer Matiur Rahman Nizami for crimes against humanity shows that on October 29, 2014, the International Crimes Tribunal sentenced Nizami to death by hanging. Nizami appealed to the Supreme Court on November 23 of that year. However, since it was the maximum punishment, the state did not appeal the verdict. The hearing on this appeal began on September 9, 2015. On January 6, 2016, the Appellate Division upheld his death sentence in its final verdict. The Supreme Court published the full 153-page verdict of the appeal case on March 15 of that year. When the verdict went to the trial court that night, Tribunal-1 issued a death warrant. After that, the full verdict along with the death warrant was sent to the Dhaka Central Jail, the Ministry of Home Affairs and Law, the Office of the District Magistrate of Dhaka, and other relevant parties.

The next morning, on March 16, the death warrant and the full verdict were read out to Nizami, who was in the condemnation cell of Kashimpur Jail Part-2. Then on March 29 of that year, Nizami filed a review petition against the verdict. After the hearing, the Supreme Court handed down the final verdict on May 5, rejecting the review and upholding the hanging. The full verdict was published on May 9. That night, the verdict was read out to Nizami, who was in a condom cell, when the tribunal went to the prison. The next day, on the night of May 10, Nizami's death sentence was executed at the Dhaka Central Jail. That is, it was implemented almost one year and seven months after the tribunal's verdict in that case. This was one of the most important cases of the tribunal and it was implemented in the shortest time after the final verdict.

Regarding the process of Sheikh Hasina's case in reference to Nizami's case, the Chief Prosecutor of the International Crimes Tribunal, Md. Tajul Islam, told Views Bangladesh: "The verdict in the case of crimes against humanity against three accused including Sheikh Hasina is scheduled for November 17. I hope the verdict will be announced on that day. Then, according to Section 21 of the International Crimes (Tribunal) Act, 1973, a notice of appeal must be given to the Supreme Court within 60 days. In the Appellate Division, both the accused and the prosecution can appeal. After that, the hearing in the Appellate Division will begin according to the serial number of the pending case. However, in view of the application of the state, the Appellate Division can bring it for an expedited hearing. As you said, it happened in the case of Matiur Rahman Nizami. This too can take about a year."

"It is not possible to say how long this hearing will last. It may be two to three months. After that, the Appellate Division will announce the final verdict and publish the full verdict later. If the verdict acquits or punishes the accused, a review application will be filed in this regard. After the review application is disposed of and the verdict is published, if the death sentence is upheld, it will be sent to the trial court, i.e. the tribunal, and the tribunal will issue a death warrant. If the accused is in prison, she will be sent to that prison. However, if she is a fugitive, all the trial processes will end here. That is, when the accused is arrested, the sentence will be executed directly."

However, the accused can only apply for clemency to the President. In this regard, Attorney General Md. Asaduzzaman told Views Bangladesh: "After the verdict is given by the tribunal, the appeal is filed in the Appellate Division within the stipulated time, its hearing, final verdict, review application, hearing and announcement of the verdict - all in all, Sheikh Hasina's case will have to go through a long process like other cases in the tribunal in the past."

"That is, it is not possible to say how many days it will take after the verdict of the tribunal until the final judgment is settled in the Appellate Division. It could be one and a half to two years, or more or less, depending on the case reference," he added.