*ICJ CHIEF EXPRESSES DEEP CONCERN OVER SHEIKH HASINA’S DEATH SENTENCE* *Dr. Adish C. Aggarwala says trial lacked transparency and fairness; urges India and global community to safeguard due-process rights*
*PRESS RELEASE*
*ICJ CHIEF EXPRESSES DEEP CONCERN OVER SHEIKH HASINA’S DEATH SENTENCE*
*Dr. Adish C. Aggarwala says trial lacked transparency and fairness; urges India and global community to safeguard due-process rights*
*ICJ to approach UN Human Rights Committee for protection of Sheikh Hasina’s right to life and fair trial*
*London / New Delhi, November 18*: The International Council of Jurists (ICJ) has expressed deep concern and strong condemnation over the manner in which former Bangladesh Prime Minister Sheikh Hasina has been sentenced to death. The proceedings that led to this verdict raise serious and troubling questions about due process, judicial independence, and adherence to universally accepted norms governing a fair trial.
In a statement, ICJ President Dr. Adish C. Aggarwala said, “Reports indicate that Sheikh Hasina was denied adequate legal representation and was not given a meaningful opportunity to defend herself. The speed, secrecy, and procedural irregularities that marked the trial undermine its legitimacy and create the impression of a predetermined outcome. A verdict carrying the ultimate penalty of death must be rooted in clear evidence, transparent proceedings, and full respect for the rights of the accused. Unfortunately, these essential elements of justice were conspicuously absent. The entire process appears politically motivated and inconsistent with Bangladesh’s obligations under international human rights law.”
Dr. Aggarwala, former Vice-Chairman of the Bar Council of India and former President of the Supreme Court Bar Association, added: “We remind all governments that the right to a fair trial is not merely a constitutional guarantee but a universal human right recognised under international law, including the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a State Party.”
On the question of Sheikh Hasina’s possible extradition from India, Dr. Aggarwala stated: “Extradition in international law must never be granted when the requesting state has conducted a trial that fails to meet minimum standards of fairness, impartiality, and judicial integrity. When such a fundamentally flawed process results in a death sentence, extraditing the accused would expose them to the irreversible consequences of an unjust conviction. This is impermissible under Indian jurisprudence as well as under universally recognised principles of international extradition and humanitarian protection.”
He emphasised that India cannot, either legally or morally, hand over Sheikh Hasina to Bangladesh in the present circumstances, as doing so would compromise India’s long-standing commitment to human rights and the rule of law.
The ICJ President further stated that the international community must closely scrutinise the situation in Bangladesh and urge its authorities to restore confidence in the judicial system. “Courts must never be used as instruments of political retaliation. Democratic values, constitutional safeguards, and judicial independence are indispensable pillars of any civilised society and must be protected at all costs.”
“Until credible safeguards are established and there is genuine assurance of impartial justice and personal safety, any move toward extradition would be both dangerous and indefensible. India must uphold its moral and legal obligations by ensuring that Sheikh Hasina is not subjected to further injustice,” Dr. Aggarwala observed.
He also noted that several Chief Justices of the Supreme Court of Bangladesh — Mr. Justice Md. Ruhul Amin, Mr. Justice A.B.M. Khairul Haque, Mr. Justice Mohammad Fazlul Karim, Mr. Justice Md. Muzammel Hossain, and Mr. Justice Surendra Kumar Sinha — have served as Vice Presidents of the ICJ at various times.
Reiterating that justice must rest on fairness, transparency, and the unwavering rule of law — not on political vendetta or coercion — Dr. Aggarwala pointed out that Sheikh Hasina has strong grounds to challenge any proposed extradition by filing a writ petition in India under Article 21 (Right to Life and Fair Trial). The Supreme Court of India has repeatedly held that the country cannot extradite or deport any person who faces an unfair trial, political persecution, torture, or a death sentence without adequate safeguards, as reaffirmed in Kishore Singh v. State of Rajasthan.
The International Council of Jurists will file an urgent appeal before the UN Human Rights Committee seeking protection of Sheikh Hasina’s right to life and her right to a fair and impartial trial.
Given the widespread criticism surrounding the fairness, transparency, and political neutrality of the proceedings against her, Sheikh Hasina possesses strong legal grounds to oppose extradition.
*(Dr. Adish C. Aggarwala)*
President, International Council of Jurists
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[18/11, 16:35] Sekarreporter: 👍