Hasina can’t appeal before surrender

The next legal recourse for ousted prime minister Sheikh Hasina is to file an appeal against the tribunal's verdict, but she must surrender before she can do that, legal experts have said.

Talking to The Daily Star after the tribunal sentenced her to death on charges of crimes against humanity, state-appointed defence lawyer Amir Hossain said he cannot file an appeal as his client is absconding. "If she is arrested or if she surrenders before the tribunal, only then can an appeal be filed," he said.

Eminent lawyer Dr Shahdeen Malik echoed his view, saying that convicts cannot challenge any verdict while in absentia.

"Normally, you file an appeal when the verdict goes against you. This is the normal legal recourse. But you cannot do so while in absentia. If you are convicted, you must first appear before the court and then file an appeal," he told The Daily Star last night.  

In that case, her lawyers can directly appeal the tribunal's verdict to the Appellate Division of the Supreme Court, and can point out legal errors, misuse of evidence, or irregularities in the trial process, if any, according to legal experts.

The Appellate Division will then examine whether all procedures and standards required by law for conducting the case were properly followed. After hearings, the Supreme Court may uphold, modify, or overturn the tribunal's judgment. 

The defence, if still dissatisfied with the SC verdict, can also file a review petition against the Appellate Division order. In that petition, the defence must present new evidence, legal errors, or serious injustice.

The judges concerned may uphold the Appellate Division's verdict, amend it, or order a rehearing. This is the final stage of the judicial process.

Even after the final verdict in the review, Hasina will still have the option to seek clemency from the president. Under article 49 of the constitution, the president can pardon, commute, or suspend the sentence.

The International Crimes Tribunal-1 yesterday sentenced Hasina to death on several counts of crimes against humanity committed during last year's July uprising that toppled her, forcing her to flee to India.

At the start of the trial on June 1 this year, the tribunal first issued an arrest warrant for her. The tribunal then issued circulars in newspapers for her to appear before then court and face the trial, but she did not. Separately, the interim government has requested India to return Hasina, but New Delhi is yet to honour the request.