A legal letter sent on behalf of ousted prime minister Sheikh Hasina to the International Crimes Tribunal (ICT) has described the judicial process and verdict against her as illegal and contrary to international law.
London-based law firm Kingsley Napley LLP sent the letter on Monday via email to the ICT established in Bangladesh on behalf of Sheikh Hasina.
When contacted on Wednesday, none of Chief Prosecutor Md. Aminul Islam, the Prosecution Office, or the Tribunal’s Registrar’s Office, however, confirmed receipt of the letter.
The letter stated that she was tried and sentenced to death in absentia, which, it argued, was inconsistent with fundamental international standards of fair trial and due process. It claimed her rights to defend herself, to be properly informed of the charges and evidence, and to have legal representation of her choice were violated.
The correspondence further alleged political bias on the part of both tribunal judges and the prosecution. It cited a lack of transparency in the judges’ appointment process, their political affiliations, and biased remarks during proceedings as factors that raise questions about judicial independence. It also raises concerns about the chief prosecutor’s association with an opposition political party and involvement in political activities during the trial.
The letter asserted that the jurisdiction of the ICT was expanded to cover events in 2024, which it claimed went beyond the original intent of the law and constituted a retroactive application that violated fundamental legal principles. It argued that such allegations should have been tried in ordinary criminal courts.
Citing international human rights organizations, the letter said the process involved violations of multiple fundamental rights, including the right to a fair trial, proper examination of testimony and evidence, and the opportunity for defence. It also warned that carrying out the death penalty following such proceedings could amount to a summary execution or be deemed unacceptable under international standards.
The letter called for the tribunal’s verdict to be annulled, the death sentence not to be executed, and future proceedings to comply with international standards. It also urges that the safety of lawyers and individuals associated with the Awami League be ensured.
Legal representatives have sought the tribunal’s response within 14 days and indicated that they may approach international forums if necessary.