Bangladesh鈥檚 International Crimes Tribunal special prosecutor adviser Toby Cadman on Wednesday expressed optimism that India would respect Dhaka鈥檚 lawful and justified request for the extradition of ousted prime minister Sheikh Hasina.
Addressing journalists after a meeting with ICT members, Toby said, 鈥榃e would call upon India, as a democratic state, to respect the rule of law and to honour a lawful and proper extradition request if and when it is made.鈥�
The meeting was Toby鈥檚 first official engagement with ICT chief prosecutor Mohammad Tajul Islam, the prosecution team and the investigation agency since his appointment as special adviser on November 21.
About the prospect of Hasina鈥檚 extradition, Toby pinned hope on the extradition treaty between Bangladesh and India.
However, he stressed the importance of formally framing charges before initiating such a request.鈥�
If an extradition request is made and refused, we may need to consider trying her in absentia,鈥� he stated.
Toby added that Bangladesh might seek assistance from the International Criminal Court, if necessary.
Addressing international concerns about death penalty, he emphasised Bangladesh鈥檚 unique circumstance and urged other nations to recognise it.
Ultimately, the decision to impose capital punishment would lie with the courts, he said.
Toby appealed to the people of Bangladesh to remain calm and allow the prosecution and investigators to carry out their work effectively, describing the cases as 鈥榗omplex and significant.鈥�
He underscored the need for a credible, transparent, and robust legal process to uphold the rule of law.
Regarding recent amendments to the ICT Act of 1973, expanding its jurisdiction, Toby termed them 鈥榗ommendable steps鈥� toward aligning the tribunal with international standards.
However, he stressed the necessity for further essential amendments to ensure fair trials.
Toby鈥檚 remarks come in the aftermath of the Hasina government鈥檚 collapse on August 5, triggered by mass protests and upsurge.
Invited by the interim government, Toby earlier arrived in Dhaka and met Chief Adviser Professor Muhammad Yunus on September 2.
Notably, Toby had previously been denied entry to Bangladesh in 2009 by the Awami League government when he sought to defend suspects accused of 1971 war crimes.
Currently, Toby serves as the joint head of the London-based law firm Guernica 37 Chambers, which specialises in international criminal law.
