How is death penalty carried out in Muslim Bangladesh? What options does Sheikh Hasina have now?

New Delhi: Bangladesh’s International Crimes Tribunal (ICT) has sentenced former Prime Minister Sheikh Hasina to death, finding her guilty on five serious charges, including crimes against humanity, during the July Uprising. This verdict is an unprecedented event in Bangladesh’s political and legal history.

Two of Hasina’s top aides, former Home Minister Asaduzzaman Khan Kamal and former Inspector General of Police (IGP) Chowdhury Abdullah Al-Mamun have also been awarded the death penalty and five years in prison for turning approver.

How is the death penalty carried out in Bangladesh?

According to Bangladesh’s Criminal Procedure Code 1898, a person sentenced to death is executed only by hanging. The convict is hanged by the neck until death is certain. Bangladesh law does not provide for the death penalty by shooting, electrocution, or lethal injection.

Which crimes carry the death penalty?

Bangladesh’s penal laws provide for the death penalty for approximately 33 crimes.

Major crimes include:

• Murder
• Waging war against the state
• Aiding insurrection
• Terrorism-related crimes
• Kidnapping
• Rape (added in 2020)
• Death by acid attack
• Serious drug-related crimes
• Record of executions

According to a report, at least 101 people have been hanged in Bangladesh since 1991. Between 2013 and 2023, 30 executions were carried out, most of which were for murder, terrorism, and war crimes related to the 1971 Liberation War.

The International Criminal Tribunal (ICT) and its Establishment

Ironically, the tribunal that sentenced Sheikh Hasina was founded by her herself:

Establishment: The International Crimes Tribunal (ICT) was established on March 25, 2010, by Sheikh Hasina to investigate and try war crimes committed during the 1971 Bangladesh Liberation War.

Major Judgments: The ICT has delivered 57 verdicts in nearly 15 years. It has also sentenced several senior leaders of the Jamaat-e-Islami and the BNP to death, six of whom have been executed after due legal process.

Appeal Process

• The Bangladeshi legal system has a detailed appeal process against the death penalty:
• Appeal to the High Court: A person sentenced to death has the right to appeal first to the High Court.
• Review to the Supreme Court: After the High Court, a review appeal can be filed in the Supreme Court.
• Presidential pardon: If the review appeal is also rejected, the convict can appeal to the President of Bangladesh for pardon (under the Constitution).
• If the President also rejects the pardon, the execution order is finally carried out. Sheikh Hasina can also appeal the ICT’s decision in the Supreme Court.