'It's up to India to stand for justice': Toby Cadman on Hasina's extradition
In the interest of justice, Hasina will be provided with all opportunities to defend herself according to the existing laws, he says
Barrister Toby Cadman, International Crimes Tribunal (ICT) chief prosecutor's special adviser, has expressed hope that India will stand for justice by sending deposed prime minister Sheikh Hasina back to Bangladesh after she fled the country following the student-led July-August mass uprising.
Asked about India's silence in response to the letter seeking Sheikh Hasina's return, Cadman said, "The Ministry of Foreign Affairs has appropriately urged India for Hasina's extradition. However, it is up to India whether they will stand for justice or stand in favour of sparing her from trial.
"I hope they will stand for justice in the future," he said during a press briefing at the ICT premises on Monday (27 January).
While the Bangladesh government cannot pressure India into taking positive steps in response to the letter, he continued, "We can still hope that she will be brought back to the country to face trial. It is important to note that, in the interest of justice, she will be provided with all opportunities to defend herself according to the existing laws."
In response to another question from reporters, he said, "I have come here as a professional, and I will perform my duties accordingly. Past events, anyone's activities, or my previous scope of work will not influence this. It should be known that these cases are complex and their processes are time-consuming, so there is no room for haste in completing these procedures thoroughly."
He further said, "After seeing how the Chief Prosecutor Mohammad Tajul Islam has arranged everything and ensured that the law fully cooperates with us, I am confident that the work will be carried out correctly. As long as I am working at the tribunal, discussions will continue within the existing legal framework."
Toby said he will also consult with other legal professionals to bring necessary changes to the current legal framework. "Hopefully, if this is done, the legal issues will be more impartial, simplified, and meet international standards."
India's refusal to repatriate Hasina would breach extradition treaty: Asif Nazrul
Earlier on 21 January, Law Affairs Adviser Asif Nazrul said if India refuses to extradite Hasina despite the existing treaty, it would constitute a clear violation of the agreement.
"We have sent a formal letter regarding the extradition. If India does not comply, it will be a breach of the treaty, and we will take this matter to the global community through the Ministry of Foreign Affairs," he said.
Stating that the process is underway to issue a red alert against Sheikh Hasina via Interpol, he said, "We are taking all necessary actions and will consider further measures if needed."
On 12 November, the ICT chief prosecutor's office sent a letter to Interpol, urging it to issue a "red notice" against Hasina to facilitate her arrest and repatriation for orchestrating the killings, genocides and crimes against humanity committed during the student-led mass-uprising in July and August.
The International Crimes Tribunal has started trials of the former prime minister, Sheikh Hasina, for crimes against humanity.
The Ministry of Foreign Affairs has formally requested her extradition under the treaty.