International Council of Jurists to move UN over Sheikh Hasina’s death sentence

NEW DELHI: The International Council of Jurists (ICJ) will approach the UN Human Rights Committee seeking urgent intervention to protect former Bangladesh Prime Minister Sheikh Hasina’s right to life and fair trial, amid widespread global concern over the death sentence issued against her by Bangladesh’s International Crimes Tribunal.

In a strong statement, ICJ President Adish C. Aggarwala condemned the verdict, calling the trial process deeply flawed, opaque, and inconsistent with international human rights standards. The ICJ confirmed that it will soon file an urgent appeal before the UN body to safeguard Hasina’s fundamental rights.

The International Council of Jurists, headquartered in London with offices in New Delhi, is an independent global legal body committed to strengthening democratic institutions and ensuring justice worldwide, and is entirely distinct from both the International Court of Justice and the International Commission of Jurists.

The organisation emphasised that, given the mounting questions about fairness, transparency, and political neutrality, Sheikh Hasina has strong legal grounds to resist any extradition move.

According to Aggarwala, multiple reports indicate that Hasina was denied adequate legal representation, provided no meaningful opportunity to defend herself, and subjected to a process marred by speed, secrecy, and serious procedural irregularities. These defects, he said, undermine the legitimacy of the verdict and create the perception of a politically driven outcome.

“A death sentence must be rooted in transparent proceedings and clear evidence,” Aggarwala stated. “But here, essential elements of justice were conspicuously absent. The entire process appears politically motivated and incompatible with Bangladesh’s obligations under international human rights law.”

Aggarwala, who has served as Vice-Chairman of the Bar Council of India and President of the Supreme Court Bar Association, stressed that the right to a fair trial is not only a constitutional guarantee but also a universal human right protected under the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party.

Addressing reports regarding Hasina’s potential extradition from India, he warned that international law prohibits extradition to a country where the accused has faced an unfair trial or risks persecution, torture, or a death sentence delivered without due process.

“When a fundamentally flawed process results in a death sentence, extradition would expose the accused to irreversible injustice,” he said, noting that such a step would violate both Indian jurisprudence and international extradition norms.

He further emphasised that India, as a nation committed to the rule of law and human rights, cannot legally or morally hand over Sheikh Hasina under the current circumstances.

Aggarwala urged the international community to closely monitor developments in Bangladesh, warning that courts must not become instruments of political retaliation. He said that due process, judicial independence, and constitutional protections are essential to any functioning democracy.

He also highlighted that several former Chief Justices of the Bangladesh Supreme Court —Justice Md. Ruhul Amin, Justice A.B.M. Khairul Haque, Justice Mohammad Fazlul Karim, Justice Md. Muzammel Hossain, and Justice Surendra Kumar Sinha —have previously served as Vice Presidents of the ICJ.

Reiterating Hasina’s legal rights, Dr. Aggarwala pointed out that she could challenge any extradition effort by invoking Article 21 of the Indian Constitution, which guarantees the right to life and fair trial. Indian courts, including the Supreme Court, have consistently held that no person can be extradited or deported if they face unfair trial, political persecution, torture, or a death sentence without adequate safeguards, as reaffirmed in the landmark case Kishore Singh v. State of Rajasthan. (ANI)