A Biased and Politically Motivated Verdict - Official Response of Bangladesh Awami League

A Biased and Politically Motivated Verdict Delivered in Violation of the Fundamental Principles of International Human Rights Law and International Criminal Law: Official Response of Bangladesh Awami League

Today, in the International Crimes Tribunal of Bangladesh, death sentences have been handed down against seven leaders of the Bangladesh Awami League, Jubo League, and Chhatra League. The Bangladesh Awami League categorically rejects this one-sided, biased and fabricated verdict. The Awami League believes that the whole judicial process has been rushed through, displaying utter disregard for the fundamental and universally recognized principles of international human rights law and international criminal law, thereby promoting a culture of impunity and political vengeance rather than the rule of law.

Not only this verdict, but all activities of the International Crimes Tribunal since August 5, 2024, constitute a gross violation of international law and human rights.

The undemocratic and unconstitutional Interim government, completely violating the law and constitutional process, amended the International Crimes Tribunal Act of 1973 via ordinance, transforming the entire legal process into a retaliatory "judicial killing scheme" directed against the Bangladesh Awami League. To exact political vengeance, the illegal government of Dr. Mohammad Yunus constituted the prosecution and judicial panels comprising office-bearers and active cadres of Jamaat-e-Islami and the Bangladesh Nationalist Party (BNP), filing a succession of false and illegal cases against leaders and activists of the Bangladesh Awami League based entirely on falsehood.

Through today's verdict, the defendants’ rights to due process and fair trial have been infringed. A universally recognized principle of international human rights law is that any accused person must be afforded adequate time and opportunity for the preparation of their legal defense. However, in this tribunal, the trial commenced merely three weeks after the prosecution, which severely curtailed the fundamental right of the defense to make effective legal preparations.

The digital evidence presented by the prosecution in this case was submitted in violation of established practices under international courts’ rules and International Bar Association guidelines. A verdict published on the basis of such evidence is nothing short of a farce.

Due to questionable investigation and trial procedures, the lack of transparency is evident in all activities of the International Crimes Tribunal, creating an opportunity to raise questions regarding the credibility of the evidence submitted by the prosecution. In the trial proceedings of the International Crimes Tribunal, identical copy-pasted language and inconsistencies were found in the statements of prosecution witnesses in numerous instances, which seriously questions the truth and credibility of the evidence. Under international standards, handing down such punishments without verifying the truth of the evidence is completely illegal.

The prosecution of the tribunal has continuously restricted the rights of defense counsel through intimidation and threats. According to international standards, defense counsel must have full rights to independently cross-examine witnesses and conduct an equivalent legal contest. Yet, in the current tribunal, the power of defense counsel to cross-examine witnesses has been severely restricted, which runs counter to the core concept of an impartial judicial system.

None of the individuals against whom this verdict has been pronounced today were present before the tribunal. A fundamental standard of international criminal law is that even in trials conducted in absentia, minimum legal protections—including the right of the accused to choose counsel of their own liking—must be guaranteed. However, these guarantees have been completely ignored in the present tribunal.

The United Nations Working Group on Arbitrary Detention considers that, in violation of international legal standards, prosecutors have been granted the power to order arrests without any specific and objective evidence. Several experts and international organisations have raised their concerns regarding detained individuals being held for months without specific grounds, which constitutes a gross violation of fundamental human rights. Furthermore, the accused have been deprived of the right to an interim appeal in a separate court.

In today's verdict, the International Crimes Tribunal has imposed punishment by exceeding its judicial mandate. Despite the absence of any provision for the confiscation of an accused person's property under the 1973 Act, today's verdict unconstitutionally and illegally ordered the confiscation of the properties of the accused persons—which is merely an expression of the vindictive mentality of the judges.

Human rights organizations such as Amnesty International, Human Rights Watch, and the United Nations had previously expressed deep concern regarding the trial process of this tribunal and clearly stated that the authorities are failing to uphold international legal standards and that it is being used as a tool to unjustly imprison political opponents and exact political vengeance.

The Bangladesh Awami League wishes to state in unequivocal terms that the noble purpose for which the International Crimes Tribunal was established to try the crimes against humanity of 1971 has been completely subverted by the current illegal and undemocratic government, which is misusing the tribunal to satisfy its political vendetta and eliminate Awami League as a party. This false and fabricated verdict delivered by a politically subservient court, trampling upon international criminal law and recognized principles of fundamental human rights, possesses no legal authority.

The Bangladesh Awami League firmly believes that a democratic and lawful government will be established in the near future through the spontaneous participation of the masses of the country. On that day, true and impartial justice for all killings during July-August will be ensured through proper legal processes while upholding international standards. The people of this country will consign all such fabricated verdicts, false cases, and judicial farces—past and present—to the dustbin of history, both legally and politically. The compatriots await that just and democratic future.

Joy Bangla, Joy Bangabandhu.
May the darkness be dispelled by the dawn
May Bangladesh live forever.⁩