Sheikh Hasina's Death Sentence

Source: The Hindu

Introduction 

On November 17, 2025, Bangladesh's International Crimes Tribunal sentenced former Prime Minister Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal to death in absentia for crimes against humanity during the July-August 2024 student uprising that killed up to 1,400 people. The verdict has created a major diplomatic crisis between India and Bangladesh, as Hasina remains in exile in India, which faces mounting pressure to extradite her despite their historically close relationship. 

The Verdict: Key Facts 

• A three-member tribunal headed by Justice Golam Mortuza Mozumder convicted Hasina after examining extensive evidence including 10,000 pages of documents and testimony from over 80 witnesses. She was found guilty of inciting murder, ordering lethal force against protesters, and failing to prevent atrocities during the massive protests. 
• Former Inspector-General of Police Chowdhury Abdullah Al-Mamun received five years in prison after cooperating with the tribunal and admitting involvement in the crackdown. 

The International Crimes Tribunal 

• The International Crimes Tribunal was established in 2009 under the International Crimes (Tribunals) Act of 1973, originally created to prosecute perpetrators of the 1971 Bangladesh genocide when an estimated 3 million people died and 200,000 women suffered sexual violence by Pakistani forces. 
• Controversies: Amnesty International has repeatedly criticized the tribunal for politically motivated trials, fair trial violations, pressure for death sentences, and denial of appeal rights. Critics accuse the Awami League of weaponizing the tribunal against political opponents. 

India-Bangladesh Extradition Treaty 

Treaty Provisions: 

• An Extradition Treaty signed on January 28, 2013 (effective October 23, 2013) governs the exchange of criminals between India and Bangladesh. A 2016 amendment simplified the process, requiring only an arrest warrant rather than evidence of the offense. 

Grounds for Refusal: 

India can refuse extradition if: 

• Charges are political in nature (political offense exception). 
• Accusations are not made in good faith. 
• Due process or human rights concerns exist. 
• The person's life is in danger. 
• The case involves military offenses not considered criminal violations.

India-Bangladesh Relations -The Golden Era (2009-2024): 

Under Sheikh Hasina, India-Bangladesh relations reached unprecedented heights: 

• Border Settlement: Major accord in September 2011 ended four-decade territorial disputes. 
• Security Cooperation: Bangladesh suppressed anti-India insurgent groups like ULFA and NSCN operating in Northeast India. 
• Economic Partnership: India provided $7.862 billion through Lines of Credit, making Bangladesh the largest recipient. 
• Infrastructure Development: Roads linking Dhaka-Kolkata-Agartala, bridges, railways, and cargo ship access rebuilt. 
• Counter-terrorism: Close intelligence sharing and joint operations. 

International Human Rights Organizations 

• Amnesty International's Secretary General condemned the death penalty, stating while perpetrators must face justice, "this trial and sentence is neither fair nor just" and represents "the ultimate cruel, degrading and inhuman punishment." 

Future Outlook and Implications 

India's Strategic Calculus: 

Analysts believe India faces an impossible choice between: 

• Extraditing Hasina: Damaging its credibility as a safe haven for friendly leaders and potentially sending someone to execution. 
• Refusing extradition: Alienating Bangladesh's interim government and accelerating Bangladesh's pivot toward China. 

Bangladesh's Instability: 

Post-Hasina Bangladesh faces: 

• Political fragmentation and power struggles. 
• Rise of Islamist groups. 
• Human rights violations under interim government. 
• Nearly 50 arson attacks and dozens of crude bomb explosions around the verdict. 
• Upcoming February elections under uncertain conditions. 

Conclusion 

Sheikh Hasina's death sentence represents a watershed moment in South Asian geopolitics. What the interim government frames as justice for the July 2024 massacre, critics view as politically motivated retribution using a tribunal with a troubled history of fair trial violations. 

The crisis tests fundamental principles: transitional justice versus due process, national sovereignty versus humanitarian concerns, and strategic partnerships versus moral obligations. India's decision will shape regional dynamics for decades, potentially determining whether Bangladesh remains in India's sphere of influence or pivots decisively toward China. 

As this drama unfolds, one thing is certain: the India-Bangladesh relationship, which flourished under Hasina for 15 years, faces an uncertain and potentially fractured future. The resolution of this crisis will set important precedents for democracy, human rights, and regional stability across South Asia.