Sheikh Hasina death sentence violates fair trial standards: HRW

Human Rights Watch (HRW) has declared that the death sentence given to former prime minister Sheikh Hasina was the result of a judicial process that "failed to meet international fair trial standards."

Meenakshi Ganguly, deputy Asia director at HRW, stated, "While there is enduring anger in Bangladesh over Hasina's repressive rule, it is essential that all criminal proceedings adhere to international fair trial standards." She added, "Those responsible for the horrific abuses under her administration must be held to account, but only after impartial investigations and credible trials."

The organisation issued this statement a day after Bangladesh's International Crimes Tribunal-1 delivered death sentences to Hasina and former home minister Asaduzzaman Khan Kamal for crimes against humanity committed during the violent suppression of the 2024 student-led protests.

HRW highlighted several serious concerns, noting that both individuals were tried in absentia, were not represented by legal counsel of their own choosing, and ultimately received the death penalty.

While acknowledging that the Bangladeshi authorities committed grave human rights violations during the three-week protests in July and August 2024 that led to the government's fall, HRW maintained that the subsequent prosecution failed to meet the required international benchmarks for a fair trial.

The New York-based group specified that these standards include the right to a full opportunity to present a defence, the right to question witnesses for the prosecution, and the right to be represented by a lawyer of one's choice. It stated that these fair trial concerns are severely exacerbated by the imposition of the death sentence.

The statement further explained that trials held in absentia fundamentally undermine the right to a fair trial as guaranteed by Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which is a cornerstone of any legitimate legal process.

HRW also recalled that the International Crimes Tribunal's proceedings during Hasina's own tenure had repeatedly failed to meet these same international standards while also imposing the death penalty. The organisation reaffirmed its principled opposition to the death penalty in all circumstances due to its inherent cruelty.

The rights group urged the current government to ensure that any demonstrations are met with a response that complies with the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. It also called upon leaders of the Awami League to discourage any violence from party supporters who are angry about the tribunal's verdict.

"Victims of the grave violations under the Hasina government deserve justice and reparations, but this must be delivered through proceedings that are genuinely independent and fair," Ganguly concluded. "A crucial part of ensuring justice is protecting the rights of the accused, which includes abolishing the death penalty, an inherently cruel and irreversible punishment."