Human Rights Watch (HRW) criticises Bangladesh’s death sentences against Sheikh Hasina and Asaduzzaman Khan Kamal, warning of unfair trials, trials in absentia, and violations of international legal standards. HRW urges the interim government to ensure due process and abolish the death penalty.
Human Rights Watch (HRW) has expressed deep concern over the recent death sentences handed down to former Bangladesh Prime Minister Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal, warning that the prosecutions failed to meet international fair trial standards. The US-based rights organisation issued the statement on Tuesday, a day after the International Crimes Tribunal (ICT) delivered its landmark verdict in Dhaka.
On Monday, the ICT sentenced Hasina to death after finding her guilty of “crimes against humanity” linked to the deadly July 2024 demonstrations, which saw widespread clashes between protesters and security forces. The tribunal also issued a death penalty for former Home Minister Kamal, while former Inspector General of Police Chowdhury Abdullah Al-Mamun, who turned state witness, received five years’ imprisonment.
HRW, however, argued that the proceedings suffered from serious procedural flaws, particularly the fact that both Hasina and Kamal were prosecuted in absentia and denied the chance to be represented by lawyers of their choice.
HRW Questions Legitimacy of ICT Proceedings
“There is enduring anger and anguish in Bangladesh over Hasina’s repressive rule, but all criminal proceedings need to meet international fair trial standards,” said Meenakshi Ganguly, Deputy Asia Director at HRW. She added that accountability for past abuses is essential, but must be achieved through impartial investigations and credible trials.
HRW emphasised that the interim government led by Nobel laureate Muhammad Yunus must ensure that the fundamental rights of the accused are respected, regardless of the political climate. The rights organisation reiterated that even individuals accused of grave human rights violations retain the right to a full defence.
According to HRW, the ICT’s handling of the case failed key benchmarks, such as providing the accused the right to present evidence, cross-examine witnesses, and secure legal representation of their own choosing—standards required under international human rights law.
Trials in Absentia ‘Undermine Fairness’
In its statement, HRW pointed to Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which outlines the global principles of fair trial rights. The organisation stressed that trials in absentia fundamentally erode these guarantees and weaken the legitimacy of judicial outcomes.
The United Nations Human Rights Committee, which oversees compliance with the ICCPR, has long maintained that defendants must be allowed to appear in person or through chosen counsel, present evidence and examine witnesses in all criminal proceedings. Without these safeguards, HRW noted, verdicts—especially those involving the death penalty—risk becoming tools of political persecution rather than instruments of justice.
Call to Abolish the Death Penalty
HRW further urged Bangladesh’s interim administration to abolish the death penalty, calling it “inherently cruel and irreversible.” Ganguly argued that even in cases involving grave human rights abuses, justice must be accompanied by procedural fairness, transparency, and respect for due process.
“Victims of grave rights violations committed under the Hasina government need justice and reparations through proceedings that are genuinely independent and fair,” Ganguly said. “Ensuring justice also means protecting the rights of the accused.”
Political Fallout and Wider Implications
The verdict has triggered intense debate domestically and internationally, with critics alleging that the ICT’s decisions are politically motivated amid a highly polarised national atmosphere. Supporters of the tribunal argue that the July 2024 crackdown resulted in hundreds of casualties and deserves strong judicial action.
However, legal experts warn that failing to adhere to internationally recognised trial standards may undermine future accountability efforts, fuel political instability, and draw scrutiny from international human rights mechanisms.
Observers note that Bangladesh’s judicial institutions are facing one of their toughest tests in recent history. How the interim government responds to HRW’s concerns may shape the country’s human rights trajectory and its international relations in the months to come.
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As Bangladesh navigates this turbulent chapter, calls for justice—both for victims of state violence and for defendants facing severe penalties—are growing louder. The struggle to balance accountability, human rights, and political reform appears far from over.
