Statement from Mohammad A. Arafat on the trial against Sheikh Hasina and members of the Awami League

The Awami League categorically rejects the politically motivated charges brought against its leadership. Neither Sheikh Hasina nor I have received formal notice of these proceedings, which underscores their absurdity. This is part of a broader campaign by an unelected usurper heading an illegitimate government, intent on erasing democratic legitimacy, silencing opposition, and clinging to power. Such a regime has no legal or moral authority to prosecute a government elected by the people’s mandate.

An illegitimate regime cannot amend legislation passed by Parliament. Only Parliament has that authority.

The events of last July were tragic and chaotic. Law enforcement responded to escalating mob violence with the tools available. By then, the elected government had effectively collapsed. To suggest Sheikh Hasina was directing real-time tactical decisions is absurd.

No democratically elected leader should be prosecuted for upholding constitutional duties in the face of violent insurrection. The charges of abetment, incitement and complicity are baseless, relying on testimony from compromised figures and unauthenticated audio clips.

As a nation, we mourn every life lost. While Sheikh Hasina accepts leadership responsibility, she does not believe responsibility is guilt. Her actions were in line with the Constitution and aimed at national stability. In the wake of these events, we even initiated an independent inquiry to understand the root of these criminal acts, which was sadly later dismantled by the current regime.

Yet this has not been the only investigation the current regime has cast aside. During the 1971 War of Independence, collaborators committed atrocities: mass killings, rape, arson, looting. The International Crimes (Tribunals) Act of 1973 was passed by Parliament to prosecute these crimes. Yet the interim government has halted these trials and is instead using powers outside its jurisdiction to bring fabricated and politically motivated cases against its political rivals.

The Tribunal’s rejection of defence submissions and its fast-tracked indictments expose this process as a political show trial. Cases were already filed under existing laws. Politically driven amendments to the ICT Act are an abuse of power, designed to target a specific political party and undermine democratic rights. This law was enacted to ensure justice for victims of wartime atrocities; to misuse it now is legally and ethically indefensible.

Even issuing contempt rulings over unverifiable audio clips shows how the judicial process is being weaponised against the prime minister.

It was Sheikh Hasina who initiated the prosecution of war criminals. Yet now, those who once defended these criminals are leading the Tribunal. This blatant conflict of interest makes a fair trial impossible.

This is an assault on Bangladesh’s democratic institutions. The interim regime has banned our party, silenced millions, and trampled due process to cement its grip on power. Its agenda is clear: eliminate dissent and erase the Awami League from politics.

I urge the international community to recognise this tribunal for what it is: a tool to criminalise political opposition and rewrite lawful governance as criminality. I welcome an impartial, international investigation into all acts of violence before, during, and after July 2024, including ongoing political killings ignored by this regime.

Justice must never be selective. History will judge those who destroy democracy in the name of law.

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