Human Rights Watch criticizes Bangladesh war crimes tribunal for failing to meet international fair trial standards
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Human Rights Watch (HRW) has raised serious concerns regarding the International Crimes Tribunal (ICT) in Bangladesh, warning that the court is failing to uphold international legal standards. In a report published Wednesday, the New York-based human rights organization cautioned that these procedural deficiencies risk undermining the rule of law, potentially resulting in the denial of justice for victims and the weaponization of the judicial process against political opponents.
The tribunal is currently presiding over proceedings involving allegations of crimes against humanity and genocide committed during the tenure of former Prime Minister Sheikh Hasina’s Awami League government, which collapsed in 2024 following mass student-led protests. As of July 27, prosecutors had filed formal charges against 41 individuals, including politicians, journalists, and security personnel. Since Hasina’s ouster, the tribunal has concluded six trials, resulting in 62 convictions, including 16 death sentences.
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Meenakshi Ganguly, deputy Asia director at Human Rights Watch, emphasized that while those responsible for systemic human rights abuses during the previous administration must face accountability, the current judicial process remains deeply flawed. She urged the interim government to urgently reform the criminal justice system to ensure that flawed investigations and arbitrary accusations are not used as tools for political retribution.
HRW’s assessment follows the monitoring of over a dozen cases, which revealed significant discrepancies in investigative practices. Investigators appear to be heavily reliant on witness testimonies that feature identical, word-for-word descriptions of events, raising questions about the authenticity and independence of the evidence. Furthermore, the tribunal’s legal framework allows prosecutors to issue arrest warrants and detain individuals for extended periods without providing written justification, a practice HRW notes violates international civil and political rights standards.
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Specific concerns were highlighted regarding the treatment of two journalists arrested in May on charges linked to their coverage of 2013 protests. Defense attorneys reported that no written explanation for the arrests was provided, in contradiction to both international human rights conventions and Bangladesh’s own tribunal laws. In another instance, allegations of judicial corruption surfaced involving a senior prosecutor who reportedly offered to facilitate bail for a defendant in exchange for approximately $82,000. While the prosecutor in question subsequently resigned, the chief prosecutor’s office has yet to conclude an investigation into the matter, even as the trial moves forward.
The tribunal, originally established in 2010 to prosecute war crimes dating back to the 1971 war of independence, has historically faced criticism for political bias and procedural irregularities. Although the interim government amended the governing legislation in 2024 to align more closely with international definitions of crimes, HRW argues that these changes remain insufficient. The organization warned that unless the government addresses the lack of defense rights, the use of repetitive witness statements, and the absence of interlocutory appeal mechanisms, the tribunal risks repeating the patterns of abuse that characterized the regime it is now tasked with investigating.
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