Human Rights Watch (HRW) has condemned the death sentences handed down to former prime minister Sheikh Hasina, arguing that the trial did not meet “international fair trial standards”.
Meenakshi Ganguly, HRW’s deputy Asia director, 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.”
She also stated, “Those responsible for horrific abuses under the Hasina administration should be held to account after impartial investigations and credible trials.”
The HRW statement came after the International Crimes Tribunal-1 convicted Hasina and former minister Asaduzzaman Khan Kamal in absentia for crimes against humanity linked to the violent crackdown on student-led protests in 2024 that ultimately brought down Hasina’s administration.
HRW noted that both defendants were tried without being present, denied the right to choose their own lawyers, and sentenced to death, which raised serious human rights concerns. While acknowledging that grave abuses occurred during the protests, the New York-based rights organisation emphasised that the proceedings failed to provide the defendants with a fair chance to defend themselves, cross-examine witnesses, and secure legal representation of their choice.
The three defendants were charged with orchestrating widespread and systematic assaults on protesters, carried out by security forces and supporters of Hasina’s Awami League party. They allegedly ordered the deployment of drones, helicopters, and lethal weapons against unarmed demonstrators. In addition, they were accused of failing to stop atrocities or take disciplinary measures in three specific incidents of unlawful killings by security forces.
The prosecution presented 54 witnesses, including experts who offered technical testimony and victims or their family members who recounted their experiences.
Evidence against Hasina reportedly included audio recordings of conversations with officials in which she appeared to authorize the use of lethal force. Although a government-appointed lawyer represented Hasina and Khan, the defendants themselves provided no instructions. The lawyer was able to cross-examine witnesses but did not call any witnesses to challenge the allegations.
The HRW advocates stress that trials conducted in absentia undermine the fundamental right to a fair trial, as guaranteed under Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which is essential to ensuring a legitimate judicial process.
Meenakshi Ganguly stressed that victims of serious abuses under Hasina’s government deserve justice and compensation through trials that are truly independent and fair. She said, “Ensuring justice also means protecting the rights of the accused, including by abolishing the death penalty, which is inherently cruel and irreversible.”
The UN Human Rights Committee, has said that to guarantee defendants’ rights, “all criminal proceedings must provide the accused with the right to an oral hearing, at which he or she may appear in person or be represented by counsel and may bring evidence and examine witnesses.”
