INSEC expresses serious concern over the death-penalty verdict delivered on November 17 by the Special Court against former Prime Minister of Bangladesh, Sheikh Hasina, along with other officials. This decision is not merely a legal ruling; it is directly linked to the future of democratic practices, human rights, natural justice, fair hearing, political freedom, and stability in South Asia. The decision, announced in contradiction to the global human rights campaign to abolish the death penalty and the provisions of the International Covenant on Civil and Political Rights, has not followed due process and has disregarded international human rights standards.
The need for justice, truth-seeking, and accountability for victims of the grave human rights violations committed during the student movement of July 2024 is clear. There could have been alternative measures to hold those responsible for human rights violations accountable. However, the sentence delivered against Hasina ignored her right to consult an independent legal practitioner, to defend herself through a lawyer of her choice, and to present her case before an independent and impartial court. Furthermore, the lack of transparency, independence, and impartiality in the judicial process stands in contradiction to international human rights norms.
Bangladesh is a State Party to the Convention Against Torture (CAT), which prohibits cruel, inhuman, or degrading punishment, including the death penalty itself, and explicitly discourages its use. This verdict appears to violate Bangladesh’s obligations under the Convention. The death penalty is an ultimate, cruel, inhuman, and degrading punishment. The use of capital punishment in politically sensitive or disputed cases further strengthens suspicions of judicial error, retaliation, and abuse of process. Additionally, Bangladesh is also a State Party to the Rome Statute of the International Criminal Court, which explicitly prohibits the death penalty.
Since the 1991 Constitution, Nepal has had no provision for the death penalty as a democratic republican nation in South Asia, and therefore we urge the Government of India not to extradite Sheikh Hasina, who is currently taking refuge in India. The Government of India is also bound by its obligation not to extradite any individual who faces the risk of cruel or inhuman punishment.
Justice, truth-seeking, and accountability are important, but the death penalty can never be a tool of justice under any circumstances. Therefore, INSEC urges the Government of Bangladesh to halt the implementation of the death sentence and to take immediate steps to ensure a fair, independent, and internationally compliant retrial.
