ICJ slams Sheikh Hasina trial, to move UN to protect former Bangladesh PM – Firstpost

The International Council of Jurists (ICJ) announced plans to approach the United Nations Human Rights Committee requesting immediate intervention to protect the right to life and a fair trial of former Bangladeshi Prime Minister Sheikh Hasina.

The move comes amid widespread international concern over the death sentence handed down to Hasina by Bangladesh’s International Criminal Tribunal.

according to a ANI In a strong statement, ICJ President Adish C Agrawal condemned the tribunal’s decision, calling the trial “deeply flawed, opaque and inconsistent with international human rights standards”, the report said.

The ICJ has confirmed that it will soon file an urgent appeal to the UN body to protect Hasina’s fundamental rights, the report said.

The ICJ, headquartered in London and with offices in New Delhi, is an independent global legal body dedicated to strengthening democratic institutions and promoting justice around the world. This organization is completely separate from both the International Court of Justice and the International Commission of Jurists.

The ICJ stressed that Sheikh Hasina has strong legal grounds to oppose any potential extradition, amid growing questions about impartiality, transparency and political neutrality.

ICJ President Aggarwala pointed to multiple reports indicating that Hasina was denied adequate legal representation, given no meaningful opportunity to defend herself, and subjected to a process characterized by haste, secrecy, and serious procedural irregularities.

He warned that these flaws not only undermine the legitimacy of the tribunal’s decision but also give rise to perceptions of the outcome as politically motivated.

“The death penalty must be based on transparent proceedings and clear evidence,” ANI Aggarwal was quoted as saying in the statement.

He said, “But here, the essential elements of justice were clearly absent. The entire process appears to be politically motivated and inconsistent with Bangladesh’s obligations under international human rights law.”

Agarwal, a former vice-chairman of the Bar Council of India and former president of the Supreme Court Bar Association, emphasized that the right to a fair trial is a constitutional guarantee and a universal human right under the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a signatory.

Commenting on reports of Sheikh Hasina’s possible extradition from India, Aggarwal warned that international law prohibits extradition to countries where the accused faces an unfair trial or risks persecution, torture or the death penalty without due process.

“When a fundamentally flawed process results in a death sentence, extradition would subject the accused to irreversible injustice,” he said, noting that such a move would be a violation of both Indian jurisprudence and international extradition norms.

Aggarwal stressed that India, as a country committed to the rule of law and human rights, cannot legally or morally extradite Sheikh Hasina under the current circumstances.

He called on the international community to monitor developments in Bangladesh, warning that courts should not serve as instruments of political retribution and stressing that due process, judicial independence and constitutional protections are vital for democracy.

Highlighting ICJ ties, he said several former Chief Justices of Bangladesh – Justice Mohammad Ruhul Amin, Justice ABM Khairul Haq, Justice Mohammad Fazlul Karim, Justice Mohammad Muzammal Hossain and Justice Surendra Kumar Sinha – have served as Vice-Presidents of the ICJ.

Reiterating Hasina’s legal rights, Aggarwal said she can challenge any extradition under Article 21 of the Indian Constitution, which guarantees the right to life and a fair trial.

He cited the consistent position of the Supreme Court, reiterated in the Kishore Singh vs. State of Rajasthan case, that if someone faces unfair trial, political persecution, torture, or death sentence without due process, he cannot be extradited.

with inputs from agencies