In a legal letter to the Bangladeshi authorities, former Prime Minister Sheikh Hasina demanded that the death sentence imposed on her by a court last year be overturned as “legally invalid,” and that any further proceedings against her be conducted in accordance with international standards for a fair trial.
These demands made by Hasina, who has been living in self-imposed 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 lawyer Kingsley Napley to the International Crimes Court in Dhaka.
The move comes more than a month after the formation of a new government in Dhaka led by BNP’s Tariq Rahman, and at a time when some leaders of Hasina’s Awami League, who are currently living in self-imposed exile in India or Europe, are eyeing the possibility of returning home as part of efforts to revive the party.
The International Crimes Tribunal, a domestic war crimes court, sentenced Hasina to death on November 17 last year after convicting her of crimes against humanity during the crackdown on student-led protests in 2024. The court also separately sentenced her to imprisonment to 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, contained five demands, including that the judgment and sentence against Hasina be “immediately annulled as legally invalid,” and that no steps be taken to implement the death sentence, which “constitutes summary execution in violation of international law.”
The letter further stated that any further proceedings against Hasina must be conducted in full compliance with international fair trial standards, including adequate notification, disclosure of all allegations and evidence, the opportunity to participate in her defense with legal representation of her choice, and “a trial before an independent and impartial tribunal.”
The Bangladesh government must take immediate steps to ensure the safety and security of lawyers and others associated with the Awami League “who face intimidation and violence,” the letter said, and the court and the government must take corrective action to ensure Bangladesh complies with its obligations under the International Covenant on Civil and Political Rights and other international human rights instruments.
The letter cited several reasons for opposing Hasina’s conviction and death sentence, including the “unlawful conduct of proceedings” at the International Crimes Court. The letter said that Hasina “was tried and sentenced in absentia for capital crimes in proceedings that are fundamentally inconsistent with basic international standards of justice and due process.”
The letter said that reshuffling the court with “inexperienced judges with overt political affiliations to opposition parties” amounted to a “lack of judicial independence.” It alleged that there was “prosecutorial bias” because the prosecutor was a person with “obvious opposition political connections” and had actively campaigned for the Awami League to be banned during the proceedings.
The letter also asserted that there was a denial of due process and fair trial rights, as the authorities failed to disclose evidence or provide Hasina with a real opportunity to participate and defend herself against death charges. It also claimed that the ICC does not have the jurisdiction to try Hasina for the alleged crimes, as it was established to try genocide, war crimes and other crimes under international law committed during the 1971 liberation war.
India has not yet responded to numerous requests from Bangladesh to extradite Hasina.
