Sheikh Hasina asks Bangladesh tribunal to set aside death sentence, seeks fair trial

E-PaperSubscribeSubscribeEnjoy unlimited accessSubscribe Now! Get features like Former Prime Minister Sheikh Hasina has demanded in a legal communication to Bangladeshi authorities that the death sentence given to her by a tribunal last year be set aside as “legally void”, and that any further proceedings against her be conducted in compliance with international fair trial standards. Sheikh Hasina moves ICT to set aside death sentence as “legally void”, demands fair trial safeguards and compliance with international standards. (AFP)These demands by Hasina, who has lived in self-exile in India since the fall of her government in August 2024 following weeks of student-led protests, were conveyed in a letter sent by her London-based solicitors Kingsley Napley to the International Crimes Tribunal in Dhaka. The move comes more than a month after the formation of a new government in Dhaka led by Tarique Rahman of the Bangladesh Nationalist Party (BNP), and at a time when some leaders of Hasina’s Awami League, currently in self-exile in India or Europe, are eyeing the possibility of returning home as part of efforts to revive the party. The International Crimes Tribunal (ICT), a domestic war crimes court, gave the death sentence to Hasina on November 17 last year after convicting her of crimes against humanity during the crackdown on the student-led protests in 2024. The tribunal also gave her a separate sentence of imprisonment until death after convicting her of facilitating and failing to prevent crimes against civilians by law enforcement and Awami League cadres. The letter, dated March 30, included five demands, including that the verdict and sentence against Hasina be “immediately set aside as legally void”, and that no steps be taken to execute the death sentence, which would “constitute summary execution in violation of international law”. The letter further stated that any further proceedings against Hasina should be conducted in full compliance with international fair trial standards, including proper notification, disclosure of all allegations and evidence, the opportunity for her to participate in her defence with legal representation of her choosing, and a “trial before an independent and impartial tribunal”. The Bangladesh government should take immediate steps to ensure the safety and security of lawyers and others associated with the Awami League “who face intimidation and violence”, and the tribunal and the government should take remedial action to ensure compliance with Bangladesh’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and other international human rights instruments, the letter said. The letter listed several reasons for opposing Hasina’s conviction and the death sentence, including “unlawful conduct of proceedings” in the International Crimes Tribunal. Hasina was “prosecuted and sentenced in absentia for capital offences in proceedings that are fundamentally incompatible with basic international standards for fairness and due process”, the letter said. The reconstitution of the tribunal’s bench with “judges lacking experience and having overt political affiliations to opposition parties” amounted to a “lack of judicial independence”, the letter argued. It contended that there was “prosecutorial bias” as the chief prosecutor was a person with “clear political opposition ties” who actively campaigned for banning the Awami League while conducting proceedings. The letter further contended there was denial of due process and fair trial rights, as authorities failed to disclose evidence or provide a meaningful opportunity for Hasina to participate in and defend herself against capital charges. It also argued that the International Crimes Tribunal lacked jurisdiction to try Hasina for the alleged offences, as it was set up to prosecute genocide, war crimes and other crimes under international law committed during the liberation war of 1971. India has not yet responded to several requests from Bangladesh for Hasina’s extradition. Rezaul H Laskar is the Foreign Affairs Editor at Hindustan Times. His interests include movies and music.