Sheikh Hasina has no legal option left but to face execution of her death sentence, the International Crimes Tribunal's Chief Prosecutor Md Aminul Islam.
DHAKA — Ousted Bangladesh prime minister Sheikh Hasina has no legal option left but to face execution of her death sentence, the International Crimes Tribunal's Chief Prosecutor Md Aminul Islam said on Tuesday, rejecting the possibility of issuing her a passport or travel document.
His remarks came a day after Hasina, through a London-based legal chamber, approached the Bangladesh High Commission in New Delhi seeking a new passport and national identity card. She has expressed her intention to return to the country in December and face legal proceedings.
Hasina, 79, has been living in India since fleeing Bangladesh in August 2024 following a student-led uprising that toppled her Awami League government. She was sentenced to death in absentia in a crimes against humanity case over the deadly crackdown on protesters. She has denied wrongdoing and questioned the legitimacy of the proceedings.
Islam said the former prime minister has no legal option left but to face execution of her death sentence, the Daily Star newspaper reported.
"If she genuinely wanted to return to Bangladesh, she would have come back while the trial was ongoing and faced the case. She would also have returned within 30 days of the publication of the verdict to file an appeal," he told journalists at the tribunal.
The chief prosecutor said there was no legal scope for issuing a passport to someone sentenced to death, citing the Bangladesh Passport Order, 1973, which restricts issuance of travel documents to convicted persons, particularly those sentenced to at least two years' imprisonment for offences involving moral turpitude.
Crimes against humanity fall within this category, he said.
Islam also questioned the legitimacy of the reported application, saying it had not been submitted by Hasina herself. He claimed that no publicly disclosed legal agreement existed between her and the law chamber.
"If she genuinely wants to return, she should make a written request to the Indian government seeking her return under the extradition treaty," he said.
Islam also questioned whether vested interests within the Awami League were using Hasina as a "trump card" to create political instability in Bangladesh.
On Monday, the chief prosecutor had said that the former premier's request for a passport was a "political stunt" and she has no genuine intention of returning to the country to face justice.
Meanwhile, Prime Minister's Information and Broadcasting Adviser Zahed Ur Rahman said reports that Hasina had applied for a passport were incorrect, adding that a law firm had merely sent a letter seeking arrangements for its issuance, the Daily Star reported.
"A law firm sent a letter requesting arrangements to issue a passport for Sheikh Hasina. However, a passport application must be made by the individual concerned, and Sheikh Hasina herself has not submitted any application. So, this discussion is no longer necessary," he told reporters at a weekly press briefing at the Secretariat.
Hasina, through her legal representatives at London-based Matrix Chambers, requested the Bangladesh mission to expedite the issuance of the documents as her existing passport and identity card were revoked by the interim administration led by Muhammad Yunus.
In February, the Bangladesh Nationalist Party (BNP) led by Tarique Rahman won parliamentary elections and formed the government, replacing the interim administration.
Rahman said Hasina had not been convicted in an ordinary murder case but of far more serious offences. Crimes against humanity can not be equated with individual killings, he said.
Citing Article 47 of the Bangladesh Constitution, the adviser said individuals convicted of crimes against humanity do not retain fundamental rights.
Hasina was sentenced to death by the International Crimes Tribunal over the crackdown on student-led protests in 2024, which led to the fall of her 15-year rule.
The United Nations has estimated that up to 1,400 people were killed during the crackdown. Hasina has rejected the charges.
Bangladesh has repeatedly sought her extradition from India under a bilateral treaty.
India has acknowledged receiving Bangladesh's extradition requests but has not announced any decision on handing her over, saying the matter is being examined through established processes.
Hasina, the daughter of Bangladesh's founding leader Sheikh Mujibur Rahman, ruled the country for 15 years before her ouster. Her Awami League government was accused of widespread human rights violations and suppressing political dissent.
The party has been barred from participating in the country's political activities and elections following her removal from power.
Home Minister Salahuddin Ahmed on Monday said the government is examining the authenticity and legal grounds of applications submitted by Hasina.
He said the Ministries of Foreign Affairs and Law were looking into the matter to determine whether the applications were genuine, whether they had been submitted properly, and whether Hasina had any legal right to apply for the documents.
The relevant ministries would review all legal provisions before deciding on any necessary action, he told a press briefing.
State Minister for Foreign Affairs Humaiun Kobir had also described Hasina's application as "utterly ridiculous", reiterating that Bangladesh would seek her return from India through the existing extradition treaty.
"She has been sentenced to death. Bangladesh does not issue passports to terrorists," he told reporters on Monday.