The Anti-Death Penalty Asia Network (ADPAN) strongly condemns the imposition of the death penalty by the International Crimes Tribunal‑1 (ICT-1) of Bangladesh in the case of former Prime Minister Sheikh Hasina following her conviction for crimes against humanity in relation to the lethal crackdown on the student-led protests that commenced in June 2024.

As the regional network of civil society organizations and individuals working for the abolition of the death penalty across the Asia Pacific, we reiterate our firm position that justice must never be equated with executions. The death penalty does not enhance accountability, nor does it strengthen the rule of law. On the contrary, it undermines the legitimacy of justice processes by perpetuating a form of state-sanctioned killing.

A Landmark Trial Undermined by Flawed Punishment

While the trial marked a significant moment in Bangladesh’s efforts to reckon with the grave events of 2024, as witnesses came forward voluntarily and a robust evidentiary base was built, the inclusion and imposition of the death penalty at the ICT-1 seriously compromises the legitimacy of its proceedings.

The imposition of the death penalty remains incompatible with Bangladesh’s obligations under international human rights law, particularly in light of the mounting global consensus towards abolition and Article 6 of the International Covenant on Civil and Political Rights (ICCPR) which calls for the restrictive application of the death penalty.

The imposition of the death penalty sends the wrong message at this critical juncture in Bangladesh — that the death penalty is necessary to signal moral outrage, deliver closure, and ensure that the system is ‘tough enough’ on grave crimes. These are dangerous misconceptions. Capital punishment is not an expression of justice. It is its failure.

Trial in Absentia: Exceptional Punishment Demand Exceptional Safeguards

The trial of Sheikh Hasina was conducted in absentia following her flight from Bangladesh to India on 5 August 2024. While trial in absentia may be permitted in exceptional cases, such trials bear a corresponding obligation to uphold the highest guarantees of a fair trial — precisely because a central pillar of justice, the participation of the accused, is absent.

This concern is not about mere technicalities; it goes into the heart of whether the process meets the threshold of fairness required in international law — particularly when the punishment is grave and irreversible, such as the death penalty. 

In transitional settings, the appearance of fairness matters as much as fairness itself. A verdict that risks being perceived as politically motivated or procedurally questionable, especially one that ends in a sentence of death, can fracture public trust rather than rebuild it.

The Deeper Problem: Misconceptions About What Delivers Justice

The sentence of the death penalty underscores a deeper flaw in Bangladesh’s criminal justice landscape: the belief that the death penalty delivers justice, offers closure to victims, and signals moral condemnation. These assumptions are profoundly misguided. Capital punishment is state-sanctioned violence masquerading as accountability. It entrenches retribution over reform and renders any miscarriage of justice permanent.

Accountability for grave crimes demands seriousness of commitment, but not brutality. It must be pursued through penalties that reflect the gravity of the crimes while remaining consistent with human rights norms. The death penalty has no place in a justice system that seeks restoration and nation rebuilding.

ADPAN, therefore, urges the Bangladesh Interim Government to take a principled and rights‑based path forward: abandon capital punishment and cultivate a justice system that does not mirror the violence that it seeks to condemn. Work towards a justice system that rebuilds and restores, rather than one which replicates the violence of the past.

Signatories:

1. Anti-Death Penalty Asia Network (ADPAN)
2. Capital Punishment Justice Project (CPJP)
3. Redemption Pakistan
4. Freedoms Collective Trust (FCT)

The Anti-Death Penalty Asia Network (ADPAN) expresses serious concern over the recent passage by the Bangladesh Interim Government of an Ordinance that permits the imposition of the death penalty for the crime of enforced disappearance. We agree that the objectives of “The Prevention, Remedy, and Protection against Enforced Disappearance Ordinance” are legitimate to address past violations and prevent them from reoccurring. We also note that it seeks to prohibit the operation of secret detention centers such as the so-called Aynaghar, a long-standing concern for victims and human rights groups. 

However, the protection of human rights must never come at the expense of other human rights. The pursuit of justice for one violation cannot justify the creation of another. Legal measures must comply with international human rights obligations. By prescribing capital punishment, the Ordinance violates Bangladesh’s obligations under international law and undermines the very ideals it seeks to advance. The death penalty is an inhumane punishment that violates the right to life.  

As a state party to the International Covenant on Civil and Political Rights (ICCPR) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Bangladesh is bound to ensure that criminal penalties and procedures respect the inherent dignity of all persons. The UN Human Rights

Committee has long clarified that the death penalty may only be imposed for the “most serious crimes,” meaning crimes involving intentional killing. Extending capital punishment to enforced disappearance, which does not necessarily entail such intent, contravenes Article 6 of the ICCPR and distorts the protective purpose of the ICPPED. Procedural elements of the Ordinance further risk undermining the right to a fair trial guaranteed under Article 14 of the ICCPR. The establishment of special tribunals and a rigid 120-day trial deadline may jeopardize the rights to adequate defense – safeguards that are indispensable to justice, especially in cases of grave human rights violations. We have advocated the reality that capital punishment is an ineffective measure to address crime. Penalizing the crime of enforced disappearance, the Ordinance need not include a death penalty provision to enable victims and their families to access justice and demand accountability from perpetrators. 

We appeal to the Interim Government of Bangladesh to reflect on its position and comply with their international human rights obligations. We urge the Interim Government to consider the repeal of those sections of the Ordinance and continue to pursue more effective alternative solutions and appropriate punishments for the crime of enforced disappearance together with civil society, victims’ groups, human rights organizations, and other stakeholders. 

The global trend is clearly towards a world without the death penalty. ADPAN calls on the Interim Government of Bangladesh to focus on taking steps towards the abolition of the death penalty. 

Signatories: 

1. Anti-Death Penalty Asia Network (ADPAN) 
2. Capital Punishment Justice Project 
3. Redemption Pakistan 
4. Maldivian Democracy Network 
5. Odhikar (Bangladesh) 
6. Justice Project Pakistan 
7. Coalition Against the Death Penalty