International human rights lawyers condemn and worry over Sheikh Hasina-Tulip trial process

❐ BD Digest Desk

The International Bar Association Human Rights Institute (IBAHRI) has expressed concern about the transparency of justice and legal processes in Bangladesh. The organization has called on Dr. Yunus’ interim government to ensure accountability through an independent and impartial investigation.

This concern stems from the recent two-year prison sentence in absentia for UK MP Tulip Siddique, the niece of Bangladeshi Prime Minister Sheikh Hasina.

Baroness Helena Kennedy, Director of IBAHRI, said, “It is deeply concerning that the justice system in Bangladesh is unfair and being used to pursue vendettas in politically motivated cases.”

He said that every trial is an exercise in a state’s commitment to justice and human rights. Justice is even more important where there are allegations of serious international crimes.

He added that the fundamental principles of justice apply at all times, even in times of emergency, armed conflict and political change. While it is necessary to address past atrocities, it must be done by independent, impartial and competent courts.

He called on the government of Nobel laureate Dr. Yunus to protect the independence of the judiciary and uphold its commitment to justice in accordance with the Constitution and the International Covenant on Civil and Political Rights (ICCPR).

On November 17, the International Crimes Tribunal in Bangladesh sentenced Prime Minister Sheikh Hasina and Home Minister Asaduzzaman Khan Kamal to death for their role in the brutal crackdown on student protests last year. This has already drawn widespread criticism at home and abroad. The one-sided and farcical judicial system has been dubbed a kangaroo court.

IBAHRI said that prosecution of human rights violations is essential. However, all trials must be conducted in accordance with international standards of justice. The organization condemned the death penalty in all circumstances.

Tulip Siddique and some of her relatives have been charged with corruption for illegally allocating land. She has repeatedly said that she was never formally informed of the allegations.

According to the report, his preferred lawyer has also complained of harassment, threats, and restrictions on his movement while under house arrest.

Some senior lawyers in the UK have written a letter to Abida Islam at the Bangladesh High Commission expressing deep concerns about the manner in which the trials were being conducted. They say the trials were artificially arranged and were a way of unfairly handling cases.

The verdict against Sheikh Hasina and Home Minister Asaduzzaman Khan Kamal—which was handed down in their absence—has raised similar concerns about justice.

International legal experts have filed an urgent appeal to the UN Special Procedures on behalf of Sheikh Hasina, alleging that the legal process was flawed, including not being formally informed of the charges, not being given the opportunity to hire a lawyer of her choice, and relying on a state-appointed lawyer with whom she had no contact and to whom she had given no instructions.

The petition further states that imposing the death penalty after a trial that does not meet internationally recognized standards of fairness amounts to summary extrajudicial killing, and is a clear violation of the right to life guaranteed in Article 6 of the ICCPR.

In 2024, the law enforcement agencies took action to control student protests and violence, resulting in fatalities. A United Nations report claims that more than 1,400 people were killed. Sheikh Hasina fled the country to avoid further deadly attacks.

Dr. Yunus expressed hope for a renewed commitment to the rule of law and human rights in power. However, recent trials have failed to meet accepted legal standards. This has undermined democratic rights and has led to the judicial system being used as a political tool.

No meaningful accountability is possible without following the standards of genuine justice. IBAHRI calls on Bangladesh to fulfill its obligations under the ICCPR, particularly Article 14, which states that it must ensure the right to a fair trial by a competent, independent and impartial tribunal established by law.

The UN Basic Principles on the Independence of the Judiciary guarantee the right to a fair and public hearing. Similarly, the UN Basic Principles on the Role of Lawyers state that everyone has the right to legal assistance of their own choosing and that States must ensure that lawyers can exercise their professional functions without intimidation, obstruction or interference.

IBAHRI Vice President Mark Stephens said that incidents like the Tulip Siddique case, where defense lawyers are being harassed and intimidated, strike at the very foundation of justice and weaken the rule of law in Bangladesh.

He said such actions are a serious abuse of state power. The interim government must ensure that lawyers can work safely and independently and that the trial does not become a tool for political revenge.

In addition, IBAHRI has called on the Bangladesh government to halt all executions, issue a formal moratorium on the death penalty, and permanently abolish the death penalty.

IBAHRI strongly condemns the death penalty in all circumstances.