The International Bar Association's Human Rights Institute (IBAHRI) expresses concern over fair trial and due process rights in Bangladesh, and urges the interim government to ensure accountability for past violations through independent and impartial investigations and credible proceedings. These concerns come after the recent in absentia imposition of a two-year jail sentence handed to a United Kingdom Member of Parliament, Tulip Siddiq, the niece of former Bangladeshi Prime Minister Sheikh Hasina.
IBAHRI Director Baroness Helena Kennedy said: 'It is deeply troubling to see the justice system in Bangladesh misused to advance unfair and at times, politically motivated trials. Every trial is a test of a state's commitment to justice and human rights - especially where allegations of serious international crimes are involved. Fundamental principles of a fair trial are applicable at all times, including during states of emergency, armed conflict, and political transition. While accountability for past atrocities is essential, it must be pursued through independent, impartial, and competent courts. We urge the interim government, led by Nobel Laureate Dr Muhammad Yunus, to safeguard judicial independence and uphold its commitment to fair trial, guaranteed in the Constitution and the International Covenant on Civil and Political Rights [ICCPR]. '
On 17 November 2025, the International Crimes Tribunal of Bangladesh (ICT) sentenced Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal to death for crimes against humanity related to the 2024 deadly crackdown by the Awami League government on student-led protests in the country. While efforts to pursue justice for human rights violations are essential, including in relation to serious crimes committed under the former administration, the IBAHRI stresses that all proceedings must uphold international fair trial guarantees and condemns the use of the death penalty in all circumstances.
Ms Siddiq and several relatives were charged with corruption relating to the alleged unlawful allocation of a plot of land. She has consistently maintained that she was never formally notified of the charges against her. According to reports, her chosen lawyer also alleged harassment, including threats and restrictions on her movement as she was placed under house arrest.
A group of senior UK lawyers, in a letter to the High Commission of Bangladesh to the United Kingdom, Abida Islam, expressed significant concern over the conduct of proceedings, claiming they were 'artificial and a contrived and unfair way of pursuing a prosecution'.
The verdicts against Sheikh Hasina and former Home Minister Khan Kamal - both convicted in absentia - raise similar fair trial concerns. An urgent appeal to the United Nations Special Procedures filed by an international legal team acting for Sheikh Hassina highlights issues with due process, including the lack of formal notification of the charges, denial of representation by counsel of her choosing and reliance on a state-appointed lawyer 'with whom she has had no communication and given no instructions'. The urgent appeal argues that imposing the death penalty following a trial that did not meet international fair trial standards 'would effectively amount to summary execution and a clear violation to the right to life', as guaranteed by Article 6 of the ICCPR.
Following student-led protests in 2024 - which turned violent amid the use of excessive and lethal force by authorities and resulted in more than 1,400 deaths (according to a UN report ) - the Awami League government collapsed and Sheikh Hasina fled the country. The appointment of an interim government led by Nobel Laureate Dr Muhammad Yunus initially generated hope for a renewed commitment to the rule of law and human rights. However, recent trials that appear to fall short of recognised legal standards signal democratic backsliding and highlight a justice system at risk of being used as an instrument of political contestation.
Without genuine adherence to fair trial standards, no meaningful accountability can be achieved. The IBAHRI calls on Bangladesh to respect its obligations under the ICCPR, in particular Article 14 which guarantees the right to fair trial by a 'competent, independent and impartial tribunal established by law'.
The right to a fair and public hearing is set out in the UN Basic Principles on the Independence of the Judiciary. The UN Basic Principles on the Role of Lawyers states that all persons are entitled to call upon the assistance of a lawyer of their choosing (Principle 1) and require states to ensure that lawyers can perform their professional duties freely and without intimidation, hinderance or interference (Principle 16).
IBAHRI Co-Chair Mark Stephens CBE said: 'Reports of harassment and intimidation of defence lawyers in the representation of their clients, as in Tulip Siddiq's case, strike at the heart of the right to a fair trial and undermine the rule of law in Bangladesh. Such practices represent a serious misuse of state authority. The interim government must ensure that legal professionals can work safely and independently, and must ensure a genuine commitment to justice, not political retaliation. Furthermore, the IBAHRI calls on the interim government of Bangladesh to halt all executions, establish a formal moratorium on the use of the death penalty and commit to full and permanent abolition.'
The IBAHRI unequivocally condemns the death penalty
