ALN has released a report on the vital role of lawyers in Bangladesh's current transitional process that calls on the government to take measures protecting the work lawyers and dismantling authoritarian practices to rebuild public trust in institutions and the rule of law.
You can read the full statement below and a pdf version here.
Activists during a protest march against Prime Minister Sheikh Hasina and her government in Dhaka on August 2. (Photo: AP)
An Overview of Bangladesh’s Transitional Process and the Role of Lawyers in it
16 October 2024
This report considers the role of lawyers in Bangladesh’s current period of transition under the interim government following the dramatic resignation and flight of Bangladesh’s Prime Minister Sheikh Hasina Wajed to India on 6 August 2024 following months of student protests and violent police crackdowns.
The student protests which led to Hasina’s departure, ending the authoritarian rule of her and her party, the Awami League (AL), over much of the last 15 years during her consecutive administrations from January 2009 to August 2024, are already being hailed as one of the most important political events in Asia this year, inspiring activists and human rights defenders in other authoritarian states in the region.[1] Inside of Bangladesh it is common to see the event described as akin to a second independence, as officials and the public debate how the transition back to liberal democracy should be handled after more than a decade of authoritarian rule.[2]
Despite the success of the protestors and the great political will generated to reform the government, the long history, literature, and dozens of case studies on democratic transition and transitional justice make clear that it takes more than good will to ensure a successful transition; however, this past experience also provides many lessons from which Bangladesh may draw.
One of the most important is that successful transitions out of authoritarianism are not quick or simple processes only involving new elections and the dismissal or prosecution of a few high officials for abuses in the previous regime. Successful transitions are typically holistic and long-term processes involving reform of almost all sectors of the government, retraining of officials, public education and the management of public memory of past abuses, and having past victims as part of the process, as well as prosecutions of both past, present, and future perpetrators to end the culture of impunity and rebuild trust between the government and victimized groups.
The important lesson with regards to the focus of this report is that lawyers play an essential role in the process which must be protected and facilitated.
The following sections considers three categories of needed action where lawyers play a key role: (1) addressing crimes and violations of the previous administration, including those targeting opposition groups and lawyers (2) preventing crimes and violations of the interim and future administrations, including those potentially targeting opposition groups and lawyers and their work, and (3) reforming the government and public sector.
1. Addressing Crimes of the Previous Administration
a) Addressing Victims
Since 2009, AL officials, members, and allies have targeted groups for harassment and repression including student protestors, political opposition members particularly of the Bangladesh Nationalist Party (BNP), human rights activists and NGOs, journalists, lawyers, religious groups, and other critics, which greatly escalated during the 2023-24 protests. Crimes and human rights violations included extrajudicial killings, forced disappearings, torture, arbitrary arrests, harassing arbitrary lawsuits and prosecutions, and violations of the rights to freedom of expression, assembly, association, and religion; freedom from torture and inhuman treatment; and other violations. Below is list of categories of crimes and violations and related information summarizing this situation under Hasina’s administration.
AL violations from 2009-2024
Over 2,500 people were extrajudicially killed from 2009 to 2022.[3]
Around 700 persons were reportedly disappeared from January 2009 to June 2024.[4] Of these, 83 were later found dead, and more than 150 remain missing and unaccounted for as of early September 2024. The complexity of the system of secret prisons presents a challenge for accounting for all disappeared persons since 2009. Before its collapse, the Hasina administration consistently denied the allegations and was dismissive of concerns, including a 2022 statement by the Home Minister that the disappeared persons might be hiding and would return soon.[5]
AL violations during the 2023-2024 crackdowns surrounding the election
Over 1,000 people, mostly student protestors, were killed in a three week period by police during the height of the student protests in July 2024.[6]
At least 10,372 protestors and political opposition members were reported arrested during the police crackdowns on the protests.[7] The BNP reported that over 20,000 members had been arbitrarily arrested, out of which at least 10 members died in police custody, which the AL administration denied.[8]
Hundreds of protestors were injured during the police crackdowns, including about 400 people partially blinded.[9]
Bangladesh’s ranking in Freedom House’s Freedom in the World index fell by 10 points from 2014 to 2024, and in December 2023, CIVICUS Monitor downgraded Bangladesh’s civic space to “closed”, its worst rating ever.[10]
The AL crackdowns also included transnational repression to harass activists and critics living abroad through its diplomats and abusive misuse of international mechanisms.[11]
The abusive record becomes even clearer when considering targeted groups in detail.
Activists and NGO staff.
Nobel Prize winner Mohammad Yunus, the current leader of the interim government known for his work on poverty alleviation and criticisms of abuses under Hasina’s administration, was relentlessly harassed by the AL administration with numerous frivolous charges, for which he was convicted in January 2024.[12]
The lawyer Adilur Rahman Khan and ASM Nasiruddin Elan, the founder and director of the rights NGO Odhikar respectively, were sentenced in September 2023 to two years imprisonment and ordered to pay a BDT 10,000 fine each (about €85) following the publication of their report on the government’s extrajudicial killing of protesters from an Islamic group in Dhaka in 2013.[13]
Michael Chakma, an indigenous rights activist, was disappeared in April 2019 for his critical statements and spent five years arbitrarily detained in secret prison until he was released following Hasina’s resignation.[14]
The AL administration also restricted NGOs by delaying project registrations, issuing cease-and-desist letters, denying visas, threatening arrests, pressuring banks to refuse to lend funds, and other restrictions.[15]
BNP opposition officials
Hundreds of prosecutions were instigated against BNP members in 2024, including 139 convictions of senior officials and activists in November 2023 ahead of the national elections, which had many irregularities that undermined the credibility of AL’s victory.[16]
Some BNP officials had been disappeared for many years and were still held at the time of the 2024 transition, including Ataur Rahman, abducted in 2011, and Faruk Hossain, abducted in 2012.[17]
Amir Chowdhury, a senior BNP leader, was imprisoned in July 2024 for the third time under Hasina’s administration.[18]
Journalists
At least five journalists were reported killed and 160 injured during the July 2024 protests.[19]
It was reported that at least 1,600 journalists and BNP members were charged for online posts critical of the government under the Cyber Security Act (formerly called the Digital Security Act) since 2018.[20]
Notable journalist arrests include Shamsuzzaman Shams, arrested in March 2023 for criticizing the government for high food prices;[21] Shahidul Alam, arrested in August 2018;[22] and Shakil Ahmed and Farzana Rupa, a broadcast journalist couple linked to Ekattor TV, arrested in August 2024 for “inciting violence” by criticizing the government’s treatment of student protestors.[23] Rupa was notable for asking Hasina her opinion on the protestors, which prompted Hasina to call them "razakars” or collaborators with Pakistan in the 1971 war, a highly derogatory and inflammatory term that marked a turning point in the public opposition against Hasina.
Other journalists self-censored or fled the country to avoid arrest, such as Mushfiqul Fazal Ansarey, a prominent journalist and critic of Hasina’s administration who spent a decade in exile before returning to Bangladesh following Hasina’s resignation.[24]
Academics
Aside from the significant number of students and student leaders arrested during the July protests, academics have also been targeted under Hasina’s administration, such as:
Mubashar Hasan, a social academic, activist, and regular commentator, who was disappeared in Dhaka in 2017 following criticism of the administration and held in a secret prison until his release following Hasina’s resignation;[25]
Maidul Islam, an assistant sociology professor at Chittagong University who was arrested in September 2018 for critical Facebook comments against Hasina;[26] and
Kazi Zahidur Rahman, a computer science and engineering teacher of Rajshahi University arrested for a social media post criticizing a former health minister during the COVID crisis.[27]
Social media posts
As indicated above, many critics of the government were arrested for social media posts, which is a clear violation of freedom of expression. The principal mechanism for criminalizing online speech has been the Cyber Security Act (CSA) which passed in fall 2023. Earlier it was called the Digital Security Act. Around 4,000 persons were arrested for social media posts since 2018, including writers, journalists, and BNP members.[28]
For example, former Lt. Colonel Hasinur Rahman spent two years in secret prison for his social media posts criticizing the Hasina government “for its corruption and violence.”[29]
Lawyers and judges
18 lawyers that protested, defended protestors, and/or took action against police brutality were arrested in the fall 2023 at the start of the government’s crackdowns in advance of the national elections, including Adilur Rahman Khan as mentioned above.[30]
The lawyer Mir Ahmad Bin Quasem was disappeared in 2016 and held incommunicado in a secret prison until his release following Hasina’s resignation eight years later. He was the younger son of Mir Quasem Ali, one of dozens of leaders of Jamaat, an Islamist party, that Hasina’s government executed.[31]
Imtiaz Mahmood was arrested in March 2019 for social media posts.[32]
Lawyers that have faced constant assaults, attacks, harassment include:
Shahanur Islam, who was threatened for his defense of LGBT rights;[33]
Syeda Rizwana Hasan, who was attacked by local leaders for activism related to the clearing of an area for a housing project;[34]
Runa Laila, a trainee lawyer allegedly subjected to torture by a local leader and police;[35] and
Kazi Rubayet Hasan Sayem, who was arrested on 24 March 2023 for using offensive language about the mother of the Father of the Nation.[36]
In 2017, Supreme Court Chief Justice Surendra Kumar Sinha retired and fled from Bangladesh due to threats from the government over rulings against it, and he was sentenced in late 2021 to 11 years imprisonment in absentia.[37]
Many of those arbitrarily detained for political reasons reported poor conditions in detention including gross overcrowding, physical abuse, vulnerability to extortion and corruption, inadequate living conditions including poor food and facilities, and particularly for political prisoners also arbitrary solitary confinement and being held incommunicado.[38]
This pattern of arbitrary arrests and judicial harassment under the AL government occurred due to the politicization and pressure against the judiciary through the Ministry of Law, which controls judge promotions, postings, and transfers and used its power to politicize and pressure courts in the period.[39]
Needless to say, lawyers play a crucial role in addressing the killings, forced disappearances, arbitrary arrests, and mistreatment in detention of everyone arbitrarily arrested or detained under the Hasina government for political reasons. There is a characteristic list of challenges that accountability for crimes under past authoritarian presents, which Bangladesh’s situation shares, which lawyers are especially trained to address, including the following, some of which were reported by legal offices assisting students arbitrarily arrested during the recent crackdowns.[40]
A lack of evidence and documentation of past crimes due to an intentional or unintentional failure to keep records or destroy them, associated with a culture of impunity and secrecy that may continue to motivate perpetrators to threaten victims to remain silent and/or to hide, obfuscate, or destroy documentation and evidence;
A lack of information on the current identity, whereabouts, and and/or status of victims and perpetrators;
Operational and technical difficulties such as financial limits or restrictions and continuing institutional rules and norms obstructing information gathering and fair procedures, among other concerns.
As with the other issues in this report, lawyers are uniquely placed to address these challenges as experts on evidentiary and operational issues surrounding trials.
b) Addressing Perpetrators
The other half of addressing crimes of the previous administration is ensuring accountability for perpetrators. Aside from the demands of justice, criminal prosecution and accountability is also necessary in a transitional context to break the culture of impunity throughout the government and to help rebuild public trust in institutions. Currently Sheikh Hasina faces at least 75 legal cases including 63 murder charges, seven allegations of crimes against humanity and genocide, three abduction charges, and two other charges.[41] Bangladesh’s International Crimes Tribunal Chief Prosecutor, Mohammad Tajul Islam, has reported taking steps to seek extradition of Sheikh Hasina from India.[42] Several other top AL officials are being investigated for a variety of allegations or charges since 2009, including the following.
Two state ministers including Zunaid Ahmed Palak, former state minister for Information, Communications, Technology, were detained while trying to flee Bangladesh on 6 August 2024.[43]
Former law minister Anisul Huq and Hasina’s advisor Salman Rahma, were arrested on 2 October 2024 while attempting to flee from the capital, following reports of an investigation into the alleged murder of a grocery store owner by police on July 19.[44]
Shamsul Hoque Tuku, former deputy speaker of the national parliament, was arrested in connection with an alleged state murder during the crackdowns.[45]
At least two other former ministers, a deputy minister, and at least two MPs were also arrested.[46]
The legal rights NGO Bangladesh Legal Aid and Services Trust (BLAST) issued a press release on 20 August 2024 expressing concern over the recent arrest and remand of women in various cases.[47]
The AL party and 14 allies from other parties had allegations of genocide brought on 2 October 2024 for allegedly giving direct instructions for police violence during the crackdowns.[48]
Fearing harassment, reprisals, and prosecution, several AL ministers, security personnel, and former AL members fled from Bangladesh in the early days of the transition,[49] and at the end of August, a Dhaka court issued a travel ban for 15 former AL ministers and lawmakers to prevent their flight from corruption charges.[50]
The next section will discuss the need for protecting former AL members from unjustified harassment and reprisals, but in terms of legitimate prosecutions, the flights present challenges to accountability, including the challenge of extradition. The challenges of lacking evidence and documentation and operational challenges mentioned above also apply, as well as the potential continuing influence of prosecuted officials over the institutions meant to investigate and prosecute them.
2. Protecting persons potentially arbitrarily targeted by the new government
Lawyers are also a key element in protecting persons at risk under the interim government and eventually a newly elected government, which is expected to heavily represent BNP members, given the significant public opposition to AL. In many transitional justice case studies, there is a problem of violence and vigilante justice against former members of an authoritarian regime by the public (which officials may overlook) or by officials themselves, which the new administration must address to ensure that a culture of impunity and authoritarian practices do not continue into the new government, to rebuild public trust, and to ensure justice is provided through credible state institutions.
a) The targeting of former AL members and families
The following is a list of former AL members and families being possibly targeted by unjustifiable means.
There have been reports of former AL leaders and members being targeted by violence, killings, and looting in the weeks following the transition, including torture by law enforcement officials, facilitated by the structural collapse of law enforcement early in the transition and the environment of conflict created by violent police crackdowns.[51]
Within days of Hasina’s departure, it was reported that 29 Awami League leaders and family members were found dead.[52]
There have also been reports that some Hindu families have also been targeted for their historic ties to AL, a particular concern of India-based newspapers.[53] On this issue, it is worth mentioning at least two articles that have argued that these attacks were due to the families’ connection to AL, not their Hindu status per se nor by Islamist groups with religious motivations, in an attempt to ensure that conflict is not enflamed along religious or ethnic lines by irresponsible mischaracterizations of the attacks.[54] However even this acknowledges the justified concern former AL members have of being targets of violence and vigilante justice on political grounds.
There have also been allegations that the new regime is arbitrarily detaining former AL members, indicated by the claimed lack of transparency in the detentions of Zunaid Ahmed Palak and Shamsul Hoque Tuku, undermining the new government’s credibility.[55]
Part 4 below looks at cases involving BNP-linked lawyers harassing or assaulting AL-linked lawyers and defendants and their lawyers.
As a counterpoint, it is worth mentioning that on September 1, the High Court dismissed a petition by an NGO to cancel the Awami League’s registration as a political party based on allegations of its links to murders during the protests, on both technical grounds (the petitioner lacked jurisdiction and AL was not named as a respondent) and because the transition government had committed to prosecuting individuals responsible for acts of violence.[56]
As with the other issues in this report, lawyers are uniquely placed to address the risk of arbitrary prosecutions and attacks against members of the previous government by ensuring that all prosecutions are supported by evidence, legal, and under a fair and transparent process, not marred by unfair procedures such as abuses in evidence rules, bail procedures, and other abuses used during AL’s government.[57] It must also fully investigate and prosecute violations and crimes against former AL members and allies without bias to restore trust in the rule of law and state institutions.
b) Preventing BNP officials giving in to authoritarian and corruption temptations
One recent line of commentators has noted that the chaos surrounding BNP filling the vacuum left by the quick political collapse of Awami League may potentially facilitate authoritarian impulses among BNP members, which had been cut out of power for a long period and is filling a space across government agencies that has been infused with authoritarian practices under the Hasina government, including arbitrary “legal” mechanisms and a culture that facilitate violations and that shield officials from scrutiny and check. This raises concerns about the possibilities of authoritarian and corrupt practices in the new government, repeating an authoritarian cycle, including a possibility that BNP members take over criminal and corrupt arrangements set up under the previous regime.
One opinion article pointed to a spike in factional clashes within BNP, which have killed 14 BNP members and injured dozens more since August 5, as signs that some BNP members already falling to the temptations of corruption, allegedly fighting over extortion rackets in power struggles.[58] This is claimed to mirror factional in-fighting within Awami League’s time in power, which left over 150 leaders and activists killed from 2018 to 2024 in allegedly similar power struggles to control corrupt networks. The clashes have come at the same time as reports of BPN leaders and activists taking control over certain neighborhoods and informal businesses with alleged entrenched corruption, while the public face of the party, through the acting chairman Tarique Rahman, has expressed a zero-tolerance policy towards such practices, threatening expulsion and “legal action” against members attempting it. It is noteworthy that Rahman himself was convicted in absentia of 2007 corruption charges under the AL government in August 2023,[59] indicating a possible thin line between the need to combat corruption alongside concerns that anti-corruption measures may also be used to target opposition.
In any event, while there may be some attempts to discredit BNP officials with corruption allegations, the entrenchment of authoritarian and corrupt practices and the need to rebuild public trust in the new government makes it a credible concern that is critical for the transition government to address.
It is also important to keep things in perspective. As one commentator noted, while Abul Barkat, a Bangladesh economist and professor, often criticized the BNP for corruption the last time it was in power, and often while lacking detailed evidence according to the commentator, Barkat was never imprisoned, unlike the journalists under Hasina’s administration.[60] While some anti-BNP individuals faced harassment in that period, there was not a systematic effort to arrested and silence critics. Of course one important difference between the last period of BNP rule and the BNP-dominated role in the transition and probable future government is exactly the intervening Hasina’s administration in which authoritarian and corrupt practices have been established and arguably entrenched, and the BNP has a longer list of more egregious grievances it carries into power.
c) The role of lawyers in protecting persons in the interim and future governments
Again, lawyers play a leading role in the fight against corruption, in the following ways.
Lawyers may press for legal reforms to ensure institutions have effective rules on transparency, particularly regarding financial matters, to eliminate the potential conditions of corruption, and to monitor and prevent potentially corrupt officials from shielding themselves from accountability and derailing the political will for genuine legal reforms to end authoritarian and corrupt practices;
Lawyers can ensure that anti-corruption rules are enforced and that allegations of corruption, even among BNP members and allies, are fully investigated and prosecuted to ensure accountability to restore public trust in rule of law; and
Prosecutors may take vigorous legal action to prosecute and dismantle corruption rackets that have developed over the last 15 years so that there is no rackets to “take over”, which typically involves complicated prosecutions involving conspiracy and organized crime laws.
In short, the government must develop a clear system of disciplinary and reform measures to deter the potential for a culture of corruption to continue or be constructed at all levels of governance: in the party, in local districts, and across government agencies. Lawyers must then be empowered to strictly enforce such measures through fair and effective processes.
3. Addressing Government Reform
A repeated issue in the transitional justice literature is the importance of reforming government institutions and re-establishing rule of law and public trust in officials and institutions following an authoritarian period. This may include procedures to remove abusive officials (lustration), vet new prospective officials to ensure there are no links to past abuses, and new procedures to prohibit abusive practices, increase transparency, ensure respect of human rights, train new personnel, monitor behavior, and enforce laws and rules. The interim government has committed to a process to restore rule of law, and six reform commissions have been established to this end, including over reform of the judiciary, civil administration, the electoral commission, and constitution. However, there are challenges beyond those discussed above.[61] As one law student protestor, Rezwan Ahmed Refat, summarized the situation:
It’s a huge and complicated process… The main challenge is that many of the fascist systems that Hasina put in place are still there. We have a long way to go with reforming the government secretariat, the police and the judiciary. Until these institutions are independent, then nothing will change.[62]
There are a number of categories of reform that have already raised discussion.
Police and intelligence services. These were the first and core means of the AL government to suppress opposition and were responsible for the killings, arbitrary arrests, and other abuses against protestors and critics listed above due to systemic politicization and corruption.[63]
The judiciary. This was the central vehicle facilitating the suppressions and abuses under the Hasina government while also being the central institution to safeguard the rule of law when reformed. Since 2009 it was seriously compromised by open politicization, lack of protections against conflict of interest and abusive appointments and transfers, poor implementation of laws, lack of transparency and information access, and inadequate accountability and disciplinary measures.[64]
Discriminatory appointments and the jobs quota system. Ending these practices were the original motivation behind the 2024 protests as they privilege loyalty over merit, which contributes to abuses and corruption, shuts certain groups out of access to jobs and authority, and compromises social, political, and economic stability.[65]
The electoral system. This was the main means which kept AL in power despite its violations and widespread opposition, creating a lack of accountability and a culture of impunity.[66]
Banks and the financial sector. Corruption in the banking and financial sectors has played a central role in maintaining authoritarian practices and public corruption.[67]
The Constitution. AL established several constitutional changes facilitating its autocratic rule; however, there are challenges to reform it including deciding on the relative merits and demerits of drafting a new constitution versus more quickly and easily amending the current one, some provisions of which are not amendable.[68]
Online regulation: The arbitrary arrests under the Cyber Security Act described above demonstrate its role in suppressing opposition, the need for it to be dismantled, and the need for protections for online speech.[69]
Governance and Party regulation: The attorney general recently rejected a petition seeking to ban AL as a political party due to its authoritarian practices and alleged role in the recent killings arguing, among other technical reasons of a lack of jurisdiction and standing, that it is important to protect the constitutional freedom of association, there are other legal mechanisms to address past crimes, and there is no basis for ban.[70] However, there may be call for regulations better enforcing laws against corruption and authoritarian practices through the party and political system.
The international community and UN agencies have also played a constructive role in Bangladesh’s transition by providing support and capacity building for its reform and transitional processes, including support for lawyers and other stakeholders, such as OHCHR’s visit in August to this end.[71] Again, lawyers have a central role in every one of these listed areas, as they involve new rules, regulations, and enforcement mechanisms, and very often they involve activities mediated by lawyers themselves such as in the judiciary, bureaucracies, litigation, and constitutional and legal interpretation.
4. Lawyers Addressing Themselves
In the months surrounding the January 2024 election, there were cases of both misconduct and harassment by and against lawyers in Bangladesh’s highly polarized environment, which also calls for stricter regulation of the legal profession and the conduct of lawyers themselves. Below are several examples of how this issue has developed over the last several years.
a) Supreme Court Bar Association election clashes
There have been clashes between AL-linked and BNP-linked lawyers surrounding Supreme Court Bar Association (SCBA) elections in recent years, surrounded by reports of the politicization and leveraging of the position for political or self-interested ends, and attempts to prevent exactly that, that ostensibly explain the motivations for conflict.[72] According to a BNP-linked Supreme Court lawyer, Kayser Kamal, conflict between BNP (pro-opposition) lawyers and AL (pro-government) lawyers began in 2022, when the BNP-backed candidate Barrister Ruhul Kuddus Kajal got more votes than the rival AL candidate and was elected secretary.[73] However the ruling party (AL) lawyers did not allow the results to be announced, which the BNP lawyers protested.
In the 2023 elections, there were reported irregularities to the election again from the outset, which BNP lawyers again protested, followed by police entering the Bar Association building and reportedly assaulting lawyers and journalists, following which pro-government (AL) lawyers held a one-sided election and took control over the Bar Association.
In 2024, despite assurances of a fair election, there were again reported irregularities including reports of a large number of fake votes being counted; however, the BNP candidates saw indications that they were still likely to win the entire panel, so they did not boycott the election. Then Kamal reported that the “The government-backed lawyers created all sort of obstructions to prevent this.” Attacks erupted as a result on the date of the vote counting, 8 March 2024, about which Kamal reported “we feel that the attacks and cases during the vote counting were a part of this.” However, he stated that “We were not a part of any clashes or conflict. Even then, Ruhul Kuddus Kajal was arrested. The number one accused in the case is a lawyer of the Awami League camp.”
In any event, on 8 March 2024, the Chief Election Commissioner Senior Advocate Abul Khair reported that several lawyers were attacked in the polling centre, the vote counting was halted, and the Detective Branch of police arrested five BNP linked lawyers[74] over the clashes and placed them on three-day remand.[75] The Assistant Attorney General Saifur Rahman Siddiqui further accused 20 lawyers of involvement in the fighting, including the newly elected SCBA Secretary Nahid Sultan Juthi and the BNP-backed secretary candidate Barrister Ruhul Kuddus Kajol, while another 30 to 40 other unidentified people were also accused in the case.[76]
b) Lawyer obstruction and alleged attacks against AL-linked defendants
Since the transition in August, there have been reports of lawyers and activists present in the court during proceedings against AL officials harassing and obstructing the proceedings and/or assaulting the defendants and/or their lawyers. A reported motivation for the obstruction and alleged attacks is that:[77]
[S]ome lawyers believe that certain accused individuals should not be represented in court. In some bar associations, official decisions dictate that if the plaintiff or complainant is a lawyer from that bar, no other lawyer will represent the accused.[78] Similar but unofficial rules exist in other such associations. In some instances, bar association leaders have decided that no lawyer will represent a specific person,[79] and when any lawyer attempts to do so, they are harassed by their peers in court.
Such obstruction has been reported by lawyers and activists “allegedly loyal to the BNP and Jamaat-e-Islami” according to some reports,[80] targeting defendants for the following cases:
Former law minister Anisul Huq and former advisor Salman Rahman, whose two lawyers were assaulted and prevented from standing for the accused on August 14;[81]
Former social welfare minister and joint secretary of AL Dipu Moni and former youth deputy minister Arif Khan Joy, who were subjected to assaults, shouting, and water thrown at them on August 20, which obstructed their ability to speak;[82]
AHM Shamsuddin Chowdhury, also known as Manik, a retired justice from the Appellate Division of the Supreme Court, who was subjected to assault and beatings on August 24 while he was being taken to the court in Sylhet, seriously injuring him, for which he needed surgery;[83]
Hasanul Haq Inu and Rashed Khan Menon, who were subjected to disruptions during their hearings in August 2024.[84]
It was reported that there has not been accountability for the disruptions by the Bangladesh Bar Council, the regulatory body responsible for lawyers’ conduct, nor statements by the Council leaders, which according to some commentators point to the politicization and centrality of party affiliation to bar officials’ base of support and the power of their positions as described above in part 4(a) which move them to serve their parties, overlook violations of their allies, and target their opposition.[85]
As the above mix of reports suggest, there appears to be significant polarization in the reports of the conflict among lawyers depending on which side the commentator’s sympathies fall. However, needless to say, disruptions occurring during proceedings undermine public trust in lawyers and the institutions in which they work, which also point towards systemic failures within the system of their regulation that fails to discipline lawyers for extra-judicial interventions as well as compels lawyers to assert grievances through disruptions rather than a legal process which may be considered systemically unfair or ineffective, as well as points to the history of unfair processes that make up the backdrop of the conflict. In sum, there are an array of challenges and needs for reform to prevent the conflicts and disruptions among lawyers, and it is essential that these challenges and reforms are addressed as lawyers cannot play the central role they must in the transitional process if there is constant disruptions and public and institutional distrust in them and their regulation, which the conflict has created.
The situation calls for effective accountability mechanisms for lawyer misconduct matched with a fair and effective grievance mechanism to lodge disputes and a fair process to adjudicate them by an independent and unbiased process, as well as ethics rules on lawyers that adhere to international standards. This includes rules consistent with ICCPR Article 14(3)(b), under which all persons have the right to counsel of their own choosing, and the Basic Principles on the Role of Lawyers, [86] which states that governments should not restrict or punish access to lawyers nor the statements and work of lawyers, among other relevant standards.
5. Conclusion and Recommendations
This report considered the vital role of lawyers in ensuring accountability for crimes, corruption, and violations during the past period under AL rule; preventing and ensuring accountability for the crimes, corruption, and violations with the present interim and future administration; and taking a leading role in reforming all public sectors including the judiciary, police, detention facilities, intelligence services, constitution, the regulation of lawyers, and other necessary work to Bangladesh’s transition out of authoritarianism.
In order to achieve these ends, ALN calls on the interim government to take appropriate and effective measures to protect the work of lawyers, including the prevention of harassment and obstruction of lawyers and effective mechanisms to enforce appropriate rules regulating lawyers’ activities, as well as to ensure accountability for past and future crimes by any government official and reform and enforcement of the law and institutions, and to follow the recommendations of OHCHR, UN special rapporteurs, treaty bodies, and other international authorities.
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[1] For example, RFA, "Cambodia’s prime minister warns against Bangladesh-like demonstrations", 6 August 2024, https://www.rfa.org/english/news/cambodia/hun-manet-bangladesh-protests-08062024163603.html.
[2] Md. Shawkat Alam Faisal, "The Second Independence of Bangladesh", Daily Sun, 10 Aug. 2024, https://www.daily-sun.com/post/761312.
[3] Rebecca Root, "Bangladesh seeks return to rule of law after hundreds die in unrest", International Bar Association, 21 Aug. 2024, https://www.ibanet.org/bangladesh-seeks-return-to-rule-of-law-after-hundreds-die-in-unrest.
[4] Faisal Mahmud & Masum Billah, "Hasina’s gone, but fate of Bangladesh’s forcibly disappeared uncertain", Al Jazeera, 10 Sep 2024, https://www.aljazeera.com/features/2024/9/10/hasina-gone-but-fate-of-bangladeshs-forcibly-disappeared-hangs-in-balance. This source covers the rest of this paragraph.
[5] Krutika Pathi, "Thousands of opposition activists languish in prison as Bangladesh gears up for national election", AP, 6 Jan. 2024, https://apnews.com/article/bangladesh-election-hasina-bnp-awami-league-zia-fcceccfc8b85e1303b454986e854339c.
[6] Hannah Ellis-Petersen & Redwan Ahmed, " ‘A long way to go’: in revolution’s wake, questions linger over direction of the new Bangladesh", Guardian, 18 Sept. 2024, https://www.theguardian.com/world/2024/sep/19/bangladesh-protests-sheikh-hasina-amir-chowdhury.
[7] Redwan Ahmed & Hannah Ellis-Petersen, "Bangladesh arrests more than 10,000 in crackdown on protests", Guardian, 1 Aug. 2024, https://www.theguardian.com/world/article/2024/aug/01/bangladesh-arrests-protests-crackdown.
[8] Pathi, supra, note 5.
[9] Ellis-Petersen & Ahmed, supra, note 6.
[10] Freedom House, "Freedom in the World 2024: Bangladesh", https://freedomhouse.org/country/bangladesh/freedom-world/2024; Civicus Monitor, "CIVICUS Monitor downgrades Bangladesh's civic space rating amid brutal pre-election crackdown", 6 Dec. 2023, https://monitor.civicus.org/presscentre/bangladesh/.
[11] Naila Rafique, "Fighting Back against the Awami League’s Clampdown on Democratic Space", Freedom House, 30 May 2024, https://freedomhouse.org/article/fighting-back-against-awami-leagues-clampdown-democratic-space.
[12] Civicus Monitor, "Bangladesh: Criminalisation of activists and crackdown on protests continue following one-sided elections", 12 Apr. 2024, https://monitor.civicus.org/explore/bangladesh-criminalisation-of-activists-and-crackdown-on-protests-continue-following-one-sided-elections/.
[13] Shaikh Azizur Rahman, "Imprisonment of Top Rights Activists in Bangladesh Triggers Global Outrage", VOA, 15 Sept. 2023, https://www.voanews.com/a/imprisonment-of-top-rights-activists-in-bangladesh-triggers-global-outrage-/7270927.html; Civicus, "Bangladesh: Government must implement civic space recommendations from the Human Rights Council", 26 Mar. 2024, https://www.civicus.org/index.php/media-resources/news/6929-bangladesh-government-must-implement-civic-space-recommendations-from-the-human-rights-council.
[14] Redwan Ahmed & Shah Meer Baloch, " ‘My family held a funeral for me’: Bangladesh’s ‘disappeared’ emerge from secret prisons", Guardian, 15 Aug. 2024, https://www.theguardian.com/global-development/aricle/2024/aug/15/bangladesh-sheikh-hasina-michael-chakma-disappeared; Mahmud & Billah, supra, note 4.
[15] Rafique, supra, note 11.
[16] Mohammad Mazed, "Bangladesh convicts 139 opposition officials, activists: Lawyers", Agence France-Presse, 30 Nov. 2023, https://www.courthousenews.com/bangladesh-convicts-139-opposition-officials-activists-lawyers/.
[17] Mahmud & Billah, supra, note 4.
[18] Ellis-Petersen & Ahmed, supra, note 6.
[19] International Federation of Jurists (IFJ), "Bangladesh: IFJ demands protections for media workers as political instability continues", 6 Aug. 2024, https://www.ifj.org/media-centre/news/detail/category/press-releases/article/bangladesh-ifj-demands-protections-for-media-workers-as-political-instability-continues; IFJ, "Bangladesh: Two journalists arrested and harassed", 27 Aug. 2024, https://www.ifj.org/es/sala-de-prensa/logos-de-la-fip-para-descargar/detalle/bangladesh-two-journalists-arrested-and-harassed/category/comunicados-de-prensa.
[20] Dhaka Tribune, "The CSA needs to go", 26 Sept. 2024, https://www.dhakatribune.com/opinion/editorial/359827/the-csa-needs-to-go.
[21] Faisal Mahmud, "Bangladesh journalist arrested after report on high food prices", Al Jazeera, 29 Mar. 2023, https://www.aljazeera.com/news/2023/3/29/bangladesh-journalist-arrested-after-report-on-high-food-prices.
[22] Jonaki Mehta, Justine Kenin, & Ailsa Chang, "Arrested 6 years ago, Bangladeshi journalist reflects on prime minister resigning, NPR, 5 Aug. 2024, https://www.npr.org/2024/08/05/nx-s1-5064245/arrested-6-years-ago-bangladeshi-journalist-reflects-on-prime-minister-resigning.
[23] IFJ, supra, note 19.
[24] Anando Mostofa, "Mushfiqul Fazal Ansarey: Pro-regime media, Hasina equally responsible for eroding press freedom", Dhaka Tribune, 26 Sept. 2024, https://www.dhakatribune.com/webiners-and-interviews/359814/mushfiqul-fazal-ansarey-pro-regime-media-hasina.
[25] Mahmud & Billah, supra, note 4; Root, supra, note 3.
[26] Agence France-Presse, "Bangladesh Professor Arrested For Facebook Comments On PM Sheikh Hasina", 26 Sept. 2018, https://www.ndtv.com/world-news/bangladesh-professor-arrested-for-facebook-comments-on-prime-minister-sheikh-hasina-1922676.
[27] South Asia Monitor, "Bangladesh university teacher arrested for controversial social media post", 18 Jun. 2020, https://www.southasiamonitor.org/bangladesh/bangladesh-university-teacher-arrested-controversial-social-media-post.
[28] Dhaka Tribune, supra, note 20.
[29] Mahmud & Billah, supra, note 4.
[30] Panagiotis Perakis, Letter to Ms. Sheikh Hasina, "Subject: Attack and harassment of lawyer Syeda Rizwana Hasan and her team", CCBE, 22 Feb. 2023, https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/HUMAN_RIGHTS_LETTERS/
Bangladesh_-_Bangladesh/2023/EN_HRL_20230222_Bangladesh_Attack-and-harassment-of-lawyer-Syeda-Rizwana-Hasan-and-her-team.pdf
[31] Mahmud & Billah, supra, note 4.
[32] HRW, "Bangladesh: New Arrests Over Social Media Posts", 17 May 2019, https://www.hrw.org/news/2019/05/17/bangladesh-new-arrests-over-social-media-posts.
[33] Lawyers for Lawyers, "Statement on the ongoing harassment of lawyer and human rights defender Shahanur Islam", 14 Aug. 2023, https://lawyersforlawyers.org/en/statement-on-harassment-against-bangladesh-lawyer-shahanur-islam/.
[34] Perakis, supra, note 30.
[35] CCBE, "Overview CCBE letters in support of endangered lawyers 2023", https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/HUMAN_RIGHTS_LETTERS/
_REPORTS_-_RAPPORTS/2023/EN_2023_OVERVIEW-CCBE-LETTERS-IN-2023.pdf.
[36] Id.
[37] Freedom House, supra, note 10.
[38] Daily Star, "Prison reform is the need of the hour", 6 Aug. 2023, https://www.thedailystar.net/opinion/editorial/
news/prison-reform-the-need-the-hour-3387876; M. Kashem, "Jails in Bangladesh", 20 Int'l J. of Comparative & Applied Criminal Justice 1 & 2, Spring/Fall 1996, at 31-40, https://www.ojp.gov/ncjrs/virtual-library/abstracts/jails-bangladesh.
[39] Freedom House, supra, note 10.
[40] Md. Nayeem Haider, "The lawyers who stood by the students in their time of need", The Daily Star, 7 Aug. 2024, https://www.thedailystar.net/campus/news/the-lawyers-who-stood-the-students-their-time-need-3671611.
[41] Srishti Mukherjee, "Sheikh Hasina Faces 75th Legal Challenge Amid Ongoing Protests in Bangladesh", NewsX, 29 Aug. 2024, https://www.newsx.com/world/sheikh-hasina-faces-75th-legal-challenge-amid-ongoing-protests-in-bangladesh/.
[42] Al Jazeera, "Bangladesh taking steps to extradite former PM Hasina from India", 9 Sept. 2024, https://www.aljazeera.com/news/2024/9/9/bangladesh-taking-steps-to-extradite-former-pm-hasina-from-india.
[43] Kruijning, "Former Bangladesh IT minister detained at Dhaka airport amid ongoing political turmoil", Jurist News, 6 Aug. 2024, https://www.jurist.org/news/2024/08/former-bangladesh-it-minister-detained-at-dhaka-airport-amid-ongoing-political-turmoil/; Keshav Padmanabhan, "Two former Hasina govt ministers try to flee, detained at Dhaka airport, says Bangladeshi media", The Print, 6 Aug. 2024, https://theprint.in/world/two-former-hasina-govt-ministers-try-to-flee-detained-at-dhaka-airport-says-bangladeshi-media/2193200/; BDNews24, "Ex-deputy speaker Tuku, former state minister Palak arrested ", 15 Aug. 2024, https://bdnews24.com/bangladesh/213c0ec2d027.
[44] Daily Messenger, "Salman Rahman placed on 7-day remand in two cases", 2 Oct. 2024, https://www.dailymessenger.net/crime-justice/news/27218.
[45] BDNews24, supra, note 43.
[46] Saumitra Shuvra, "Kōrṭē kila-ghusi, ā'inajībī nā pā'ōẏā ō māmalāra dharana ālōcanāẏa [Killing in the court, lack of lawyer and type of case discussed]", BBC, 23 Aug. 2024, https://www.bbc.com/bengali/articles/cvg50g83439o (in Bengali); Ruth Comerford, "Bangladesh's ex-PM investigated for murder", BBC, 13 Aug. 2024, https://www.bbc.com/news/articles/c3ej1205l3wo.
[47] Shuvra, Id.
[48] Dhaka Tribune, "ICT gets genocide charges against Awami League, 14-party allies", 2 Oct. 2024, https://www.dhakatribune.com/bangladesh/court/360541/ict-gets-genocide-charges-against-awami-league.
[49] Shaikh Azizur Rahman, " ‘Hasina’s people’ flee Bangladesh, fearing reprisal and prosecution", SCMP, 3 Sep 2024, https://www.scmp.com/week-asia/politics/article/3276981/hasinas-people-flee-bangladesh-fearing-reprisal-and-prosecution; Shaikh Azizur Rahman, "Fearing reprisals, Hasina’s supporters flee Bangladesh", VOA, 7 Sept. 2024, https://www.voanews.com/a/fearing-reprisals-hasina-s-supporters-flee-bangladesh-/7775116.html.
[50] PTI, "Dhaka court issues travel ban on 14 former Awami League ministers and lawmakers over corruption allegations", Deccan Herald, 29 Aug. 2024, https://www.deccanherald.com/world/dhaka-court-issues-travel-ban-on-14-former-awami-league-ministers-and-lawmakers-over-corruption-allegations-3169515.
[51] UNB, "Awami League sends visual documentation of violence targeting its members to UN, int’l rights groups", TBS, 23 Sept. 2024, https://www.tbsnews.net/bangladesh/politics/awami-league-sends-visual-documentation-violence-targeting-its-members-un-intl.
[52] Rimjhim Singh, "29 Awami League leaders, family members found dead in Bangladesh violence", Business Standard, 7 Aug. 2024, https://www.business-standard.com/world-news/29-awami-league-leaders-family-members-found-dead-in-bangladesh-violence-124080701010_1.html.
[53] Priyanka Dasgupta, "Awami League netas, Hindu families go into hiding as attacks continue", Times of India, 8 Aug. 2024, https://timesofindia.indiatimes.com/city/kolkata/awami-league-netas-hindu-families-go-into-hiding-as-attacks-continue/articleshow/112356606.cms.
[54] Faisal Mahmud and Saqib Sarker, " ‘Islamophobic, alarmist’: How some India outlets covered Bangladesh crisis", Al Jazeera, 8 Aug 2024, https://www.aljazeera.com/news/2024/8/8/islamophobic-alarmist-how-some-india-outlets-covered-bangladesh-crisis; Al Jazeera, "Misleading reports of attacks on Bangladesh Hindus circulates in India", 9 Aug. 2024, https://www.aljazeera.com/program/newsfeed/2024/8/9/misleading-reports-of-attacks-on-bangladesh-hindus-circulates-in-india.
[55] David Bergman, "Bangladesh: Awami League leaders illegally detained, denting credibility of new regime", Scroll.in, 22 Aug. 2024, https://scroll.in/article/1072319/bangladesh-awami-league-leaders-illegally-detained-denting-credibility-of-new-regime.
[56] New Age, "HC dismisses petition seeking ban on Awami League as political party", 1 Sept. 2024, https://www.newagebd.net/post/country/244118/hc-dismisses-petition-seeking-ban-on-awami-league-as-political-party.
[57] Rafique, supra, note 11.
[58] Badiuzzaman Bay, "BNP faces the weight of history and expectations", The Daily Star, 26 Sept. 2024, https://www.thedailystar.net/opinion/views/magic-madness/news/bnp-faces-the-weight-history-and-expectations-3712561.
[59] AP, "Bangladesh court sentences exiled opposition leader to 9 years in jail on corruption charges", 2 Aug. 2023, https://apnews.com/article/bangladesh-opposition-tarique-rahman-sentence-5413cf59243b4843a1a808b040a5a55e.
[60] Anando Mostofa, "Mushfiqul Fazal Ansarey: Pro-regime media, Hasina equally responsible for eroding press freedom", Dhaka Tribune, 26 Sept. 2024, https://www.dhakatribune.com/webiners-and-interviews/359814/mushfiqul-fazal-ansarey-pro-regime-media-hasina.
[61] Root, supra, note 3.
[62] Ellis-Petersen & Ahmed, supra, note 6.
[63] Solamain Salman, "Police face barrages of corruption allegations", New Age, 27 June 2024, https://www.newagebd.net/post/country/238585/police-face-barrages-of-corruption-allegations; Nawaz Farhin Antara, "302 cases filed against 94 police officers for brutality during July revolution", Dhaka Tribune, 4 Sept. 2024, https://www.dhakatribune.com/bangladesh/357252/302-cases-filed-against-94-police-officers-for.
[64] Root, supra, note 3; Farzana Nawaz, "Overview of corruption within the justice sector and lawenforcement agencies in Bangladesh", U4, 12 Feb. 2012, https://www.u4.no/publications/overview-of-corruption-within-the-justice-sector-and-law-enforcement-agencies-in-bangladesh.pdf.
[65] Julhas Alam, "Violent Clashes Over Government Jobs Quota System Leave Scores Injured in Bangladesh", The Diplomat, 16 July 2024, https://thediplomat.com/2024/07/violent-clashes-over-government-jobs-quota-system-leave-scores-injured-in-bangladesh/; Gabriel Ahmed, "Time to end discriminatory quotas in civil service promotions", Daily Star, 28 Aug. 2024, https://www.thedailystar.net/opinion/views/news/time-end-discriminatory-quotas-civil-service-promotions-3688666.
[66] Julhas Alam, "The US and UK say Bangladesh’s elections extending Hasina’s rule were not credible", AP, 8 Jan. 2024, https://apnews.com/article/sheikh-hasina-bangladesh-election-boycott-d6322274909fd53e92640a4ebc9d0c2b.
[67] Iftekharuzzaman, "Salvage the banking sector, unmask the kingpins", Daily Star, 9 Dec. 2022, https://www.thedailystar.net/opinion/views/news/salvage-the-banking-sector-unmask-the-kingpins-3190776.
[68] Masood Fariar, "Bangladesh at crossroads as it pursues sweeping constitutional reform", VOA, 29 Sept. 2024, https://www.voanews.com/a/bangladesh-at-crossroads-as-it-pursues-sweeping-constitutional-reform-/7803698.html.
[69] Dhaka Tribune, supra, note 20.
[70] New Age, "Bangladesh’s chief law officer seeks dismissal of petition seeking ban on AL", 27 Aug. 2024, https://www.newagebd.net/post/politics/243672/bangladeshs-chief-law-officer-seeks-dismissal-of-petition-seeking-ban-on-al.
[71] OHCHR, "Update on UN Human Rights Office work in Bangladesh", 30 Aug. 2024, https://www.ohchr.org/en/press-briefing-notes/2024/08/update-un-human-rights-office-work-bangladesh.
[72] Osman Goni, "The troubling behaviour of Bangladesh’s lawyers", Daily Star, 2 Sept. 2024, https://images.thedailystar.net/opinion/views/news/the-troubling-behaviour-bangladeshs-lawyers-3691841 (“Bar association leaders are elected and often invest heavily in their campaigns. Once elected, they seek to recoup their investments by handling numerous bail hearings and other cases”);
Prothomalo, "Cases filed in the same old trend: Ensure safety of the accused", 26 Aug. 2024, https://en.prothomalo.com/opinion/editorial/5izqqp1pag.
[73] Defend Lawyers, "Bangladesh: Government wants to keep the Bar Association under its control", 17 Mar. 2024, https://defendlawyers.wordpress.com/2024/03/18/bangladesh-government-wants-to-keep-the-bar-association-under-its-control/.
[74] Mohammad Osman Chowdhury, Kazi Bashir Ahmed, Md Enamul Hossain Sumon, Md Hasanuzzaman Tushar and Md Tariqul Islam.
[75] Dhaka Tribune, "SCBA polls: 5 lawyers arrested over Friday's clash", 9 Mar. 2024, https://www.dhakatribune.com/bangladesh/341356/5-lawyers-arrested-following-clash-over-scba.
[76] Id.
[77] Goni, supra, note 71.
[78] BDNews24, “Ā'inajībīra ‘mithyā’ māmalāẏa bipākē rājamistrira paribāra [Mason's family in trouble in lawyer's 'false' case]”, 20 Aug. 2016, https://bangla.bdnews24.com/bangladesh/article1201772.bdnews (In Bengali, link in the original text).
[79] BDNews24, “Rānāra pakṣē nā dām̐ṛānōra ghōṣaṇā ā'inajībīdēra [Lawyers announced not to stand for Rana]”, 29 Apr. 2013, https://bangla.bdnews24.com/bangladesh/article619592.bdnews (In Bengali, link in the original text)
[80] New Age, "Unruly behaviour of lawyers on court premises deplorable", 22 Aug. 2024, https://www.newagebd.net/post/editorial/243197/unruly-behaviour-of-lawyers-on-court-premises-deplorable.
[81] Daily Star, "Salman, Anisul placed on 10-day remand", 14 Aug. 2024, https://images.thedailystar.net/news/bangladesh/crime-justice/news/salman-anisul-placed-10-day-remand-3677216; Goni, supra, note 71; id.
[82] New Age, supra, note 79.
[83] Prothomalo, "Cases filed in the same old trend: Ensure safety of the accused", 26 Aug. 2024, https://en.prothomalo.com/opinion/editorial/5izqqp1pag.
[84] Goni, supra, note 71.
[85] Id.
[86] "Basic Principles on the Role of Lawyers", 8th UN Congress on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba), 7 Sept. 1990, https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-role-lawyers.
