In a powerful and detailed critique, internationally recognised Bangladeshi legal expert Professor Dr. S.M. Masum Billah has described the recent death sentence handed down to exiled Prime Minister Sheikh Hasina by the International Crimes Tribunal (ICT-BD) as “a staged political theatre,” “a kangaroo court,” and “one of the most blatant miscarriages of justice in recent history.”
Dr. Billah currently serves as a visiting fellow at the renowned Université Côte d’Azur (France) where he teaches international law. He is a full professor of law at Jagannath University, Dhaka, and a widely respected authority on international criminal law, war crimes tribunals, and constitutional law in Bangladesh.
Speaking exclusively to The Wall from France on Saturday, Dr. Billah said he had followed the trial from the very beginning as an “interested and deeply concerned observer.”
On the legitimacy of the reconstituted tribunal
“The original 1973 Act was enacted to try Pakistani forces and their local collaborators for the 1971 atrocities. In 2009–2010, with a clear electoral mandate, the Awami League government legitimately established the ICT to fulfil the long-delayed national demand. That process ran for 15 years and was winding down by 2024.
“After the political change in August 2024, the entire previous team was removed overnight. Individuals who had previously defended accused war criminals (many linked to Jamaat-e-Islami) were appointed as prosecutors. The chief prosecutor has been filmed marching in anti-Awami League rallies. Judges were hand-picked—some retired lower-court judges with no expertise in international crimes, others openly calling for Sheikh Hasina’s resignation on social media. This is no longer a judicial body; it is a politically weaponised set-up.”
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On the trial in absentia
“Trials in absentia are permitted under the 1973 Act, but only if strict international fair-trial standards are met: effective notice, voluntary waiver of appearance, genuine legal representation, and—most importantly—a guaranteed right to retrial upon surrender or arrest. None of these safeguards was provided. The state-appointed defense counsel turned the process into a farce.”
On the evidence
“The prosecution claimed ‘voluminous evidence’ of direct orders from the former prime minister, yet the judgment relies almost entirely on a few decontextualised, clipped audio recordings and the coerced testimony of former IGP Abdullah Al Mamun (a classic ‘approver’ or crown witness given clear incentives). International and domestic law treat such testimony with extreme caution; here, it formed 50–60% of the case. No independent verification of the audio clips was presented.”
On command responsibility and police action
“Police regulations already authorise proportionate use of lethal force in specific circumstances. There is no requirement for the Prime Minister to micro-manage every incident. Proving criminal command responsibility for specific deaths requires far higher evidence than was produced here.”
On the broader context of violence
“The events of July–August 2024 were multi-dimensional. Law-enforcement personnel were killed, state property was destroyed, and non-state extremist elements infiltrated the protests—admissions made publicly by at least two advisers of the current interim government. Yet no impartial investigation has identified responsibility across all actors.”
On appeal and future remedies
“In the current lawless environment, returning to Bangladesh to file an appeal would endanger life and liberty. The Appellate Division itself was reconstituted through unconstitutional means after senior judges were forced out. Domestic remedies are effectively blocked.
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“The only credible path forward is an independent, transparent, international-standard investigation—preferably under direct United Nations supervision—to establish accountability for all parties involved in the 2024 violence. Only then can any legitimate prosecution take place.”
“Sheikh Hasina is the daughter of Bangladesh’s founding father and—whether one agrees with her politics or not—remains arguably the country’s most popular leader after four decades of public service. To suddenly portray her as the mastermind of systematic crimes against humanity on the basis of this evidence is simply not credible.
“What we have witnessed is a textbook example of victor’s justice and a serious abuse of legal process. The international community must speak out clearly: kangaroo trials and summary political verdicts have no place in a modern democracy.”
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