Shawdesh Desk:

Toby Cadman, an international criminal law expert and special adviser to the chief prosecutor of the International Crimes Tribunal, has expressed hope that India, as a democratic state, would honor Bangladesh’s lawful and justified request for the extradition of ousted prime minister Sheikh Hasina, should such a request be made.

Speaking to journalists after a meeting with ICT chief prosecutor Md Tajul Islam, his legal team, and investigation officials on Wednesday, Cadman said, ‘We would call upon India, as a democratic state, to respect the rule of law and to honor a lawful and proper extradition request if and when it is made.’

The meeting marked Cadman’s first official engagement with the tribunal since his appointment as special adviser to the prosecution team in early November.

Addressing questions about Hasina’s potential extradition, Cadman pointed out that Bangladesh and India had an extradition treaty. However, he emphasised the need for the prosecution team and investigation agency to ensure that charges are formally framed before making such a request.

‘If an extradition request is made and it is refused, we may need to consider trying her in absentia,’ Cadman stated.

He added that if necessary, Bangladesh might also seek assistance from the International Criminal Court. While some countries may hesitate to extradite individuals to nations with the death penalty, Cadman noted Bangladesh’s unique circumstances and stressed that other countries should take these into account. Ultimately, he said, the decision to impose capital punishment would rest with the courts.

On the recent amendments to the 1973 Act governing the tribunal, Cadman described them as appropriate but stressed the need for further revisions to ensure the trials are conducted as fairly as possible. ‘We will collectively propose additional recommendations for improving the legal framework,’ he said.

Cadman’s remarks come in the wake of political turmoil in Bangladesh following the fall of the Hasina government amid widespread protests. He arrived in Dhaka shortly after the regime’s collapse and met with chief adviser Professor Muhammad Yunus at his official residence on September 2.

Cadman is also the joint head of the London-based law firm Guernica 37 Chambers, which specializes in international criminal law.