Bangladesh’s former Prime Minister Sheikh Hasina has been sentenced to death by the nation’s International Crimes Tribunal (ICT), a verdict that has ignited global debate regarding its judicial fairness and potential political motivations. The timing of this sentencing, with Hasina reportedly in India, places New Delhi in a precarious position concerning its extradition commitments.
The ICT delivered its judgment following the 2024 student movement, which saw large-scale protests escalate into violent confrontations, claiming the lives of students, demonstrators, and security personnel. The tribunal has declared Hasina responsible for these events.
Hasina faces multiple charges, including ordering killings, inciting violence through inflammatory speeches, obstructing justice, destroying evidence, and direct involvement in the death of student Abu Sayeed and the killing and subsequent burning of five other individuals. She received the death penalty for inciting violence and ordering killings, and a life sentence for obstruction of justice.
A crucial aspect of the verdict is the appeal process. While Hasina has 30 days to file an appeal, she must do so in person within Bangladesh, a condition she cannot meet while abroad. Hasina has strongly refuted the charges, labeling the verdict “wrong, biased, and politically motivated” and questioning the legitimacy of the tribunal operating under a non-elected government. She has expressed interest in pursuing legal action at the International Criminal Court.
India is facing a formal extradition request from Bangladesh based on the 2013 treaty. However, the treaty allows India to refuse extradition if the alleged offenses are considered political. Hasina’s assertion that her prosecution is politically driven provides a potential legal basis for India to decline the extradition request.
Questions surrounding the ICT’s impartiality are prominent. Initially formed under Hasina’s government to address 1971 war crimes, its scope was expanded by the current interim government to include more recent events. The selection of judges and prosecutors by the interim administration has led to accusations of bias and concerns about the tribunal’s fairness, with some observers likening it to a “kangaroo court.”
The sentencing has led to protests and unrest in Bangladesh, raising fears of escalating instability. India’s response is keenly awaited, as it must navigate diplomatic relations, treaty obligations, and the broader implications for regional security.