Hasina trial failed to meet basic international standards: HRW
HRW noted Bangladesh's long history of using the tribunal for politically motivated cases, including during Hasina's own government, to arbitrarily arrest, detain, and unfairly prosecute political opponents. It said such practices have continued under the interim government of Muhammad Yunus
Human Rights Watch (HRW) has raised serious concerns over whether the International Crimes Tribunal of Bangladesh met international fair trial standards in the conviction of former prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal.
HRW said the prosecution did not meet international fair trial standards, including the right to present a full defense, question witnesses, and choose one's own lawyer, reads a press release.
Yesterday (17 November), the tribunal found both leaders guilty of crimes against humanity linked to the violent suppression of the 2024 student-led protests and sentenced them to death. Both were prosecuted in absentia and not represented by counsel of their choosing.
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A third accused, former police chief Chowdhury Abdullah Al-Mamun, who testified for the prosecution, received five years in prison.
HRW said, "There is enduring anger and anguish in Bangladesh over Hasina's repressive rule, but all criminal proceedings need to meet international fair trial standards."
The group added that those responsible for serious abuses should be held accountable only after "impartial investigations and credible trials."
The government-appointed lawyer representing Hasina and Khan received no instructions from the defendants and did not produce any defense witnesses.
The rights group highlighted that trials in absentia undermine the right to a fair hearing as laid out in Article 14 of the International Covenant on Civil and Political Rights, which guarantees the right to appear in person, be represented by counsel, bring evidence, and examine witnesses.
HRW said concerns were "exacerbated by the death sentences." The organisation opposes the death penalty in all cases, calling it "inherently cruel."
Broader concerns about the political use of the tribunal
HRW noted Bangladesh's long history of using the tribunal for politically motivated cases, including during Hasina's own government, to arbitrarily arrest, detain, and unfairly prosecute political opponents. It said such practices have continued under the interim government of Muhammad Yunus.
HRW emphasises protection for the accused
HRW said the government should ensure fundamental rights for all defendants, including restoring protections removed under Articles 47(3) and 47A of the constitution, and impose a moratorium on the death penalty.
'Extradition must meet due process'
Following the verdict, Bangladesh asked India to extradite Hasina and Khan. HRW said extradition should only proceed through legal proceedings that meet due process standards and must not occur if the accused faces trials that violate fair trial principles or risk execution.
HRW concluded, "Victims of grave rights violations committed under the Hasina government need justice and reparations through proceedings that are genuinely independent and fair. Ensuring justice also means protecting the rights of the accused, including by abolishing the death penalty."
