ADPAN Condemns The Imposition Of The Death Penalty In Bangladesh’s International Crimes Tribunal


ADPAN Condemns The Imposition Of The Death Penalty In Bangladesh’s International Crimes Tribunal

Joint Press Statement
3 December 2025, Statements

The Anti-Death Penalty Asia Network (ADPAN) strongly condemns the imposition of the death penalty by the International Crimes Tribunal‑1 (ICT-1) of Bangladesh in the case of former Prime Minister Sheikh Hasina following her conviction for crimes against humanity in relation to the lethal crackdown on the student-led protests that commenced in June 2024.

As the regional network of civil society organizations and individuals working for the abolition of the death penalty across the Asia Pacific, we reiterate our firm position that justice must never be equated with executions. The death penalty does not enhance accountability, nor does it strengthen the rule of law. On the contrary, it undermines the legitimacy of justice processes by perpetuating a form of state-sanctioned killing.

A Landmark Trial Undermined by Flawed Punishment

While the trial marked a significant moment in Bangladesh’s efforts to reckon with the grave events of 2024, as witnesses came forward voluntarily and a robust evidentiary base was built, the inclusion and imposition of the death penalty at the ICT-1 seriously compromises the legitimacy of its proceedings.

The imposition of the death penalty remains incompatible with Bangladesh’s obligations under international human rights law, particularly in light of the mounting global consensus towards abolition and Article 6 of the International Covenant on Civil and Political Rights (ICCPR) which calls for the restrictive application of the death penalty.

The imposition of the death penalty sends the wrong message at this critical juncture in Bangladesh — that the death penalty is necessary to signal moral outrage, deliver closure, and ensure that the system is ‘tough enough’ on grave crimes. These are dangerous misconceptions. Capital punishment is not an expression of justice. It is its failure.

Trial in Absentia: Exceptional Punishment Demand Exceptional Safeguards

The trial of Sheikh Hasina was conducted in absentia following her flight from Bangladesh to India on 5 August 2024. While trial in absentia may be permitted in exceptional cases, such trials bear a corresponding obligation to uphold the highest guarantees of a fair trial — precisely because a central pillar of justice, the participation of the accused, is absent.

This concern is not about mere technicalities; it goes into the heart of whether the process meets the threshold of fairness required in international law — particularly when the punishment is grave and irreversible, such as the death penalty. 

In transitional settings, the appearance of fairness matters as much as fairness itself. A verdict that risks being perceived as politically motivated or procedurally questionable, especially one that ends in a sentence of death, can fracture public trust rather than rebuild it.

The Deeper Problem: Misconceptions About What Delivers Justice

The sentence of the death penalty underscores a deeper flaw in Bangladesh’s criminal justice landscape: the belief that the death penalty delivers justice, offers closure to victims, and signals moral condemnation. These assumptions are profoundly misguided. Capital punishment is state-sanctioned violence masquerading as accountability. It entrenches retribution over reform and renders any miscarriage of justice permanent.

Accountability for grave crimes demands seriousness of commitment, but not brutality. It must be pursued through penalties that reflect the gravity of the crimes while remaining consistent with human rights norms. The death penalty has no place in a justice system that seeks restoration and nation rebuilding.

ADPAN, therefore, urges the Bangladesh Interim Government to take a principled and rights‑based path forward: abandon capital punishment and cultivate a justice system that does not mirror the violence that it seeks to condemn. Work towards a justice system that rebuilds and restores, rather than one which replicates the violence of the past.

Signatories:

  1. Anti-Death Penalty Asia Network (ADPAN)
  2. Capital Punishment Justice Project (CPJP)
  3. Redemption Pakistan
  4. Freedoms Collective Trust (FCT)

ADPAN Urges Bangladesh to Reconsider Death Penalty Clause in New Enforced Disappearance Ordinance​​

ADPAN Urges Bangladesh to Reconsider Death Penalty Clause in New Enforced Disappearance Ordinance

Joint Press Statement
18 Nov 2025, Statements

The Anti-Death Penalty Asia Network (ADPAN) expresses serious concern over the recent passage by the Bangladesh Interim Government of an Ordinance that permits the imposition of the death penalty for the crime of enforced disappearance. We agree that the objectives of “The Prevention, Remedy, and Protection against Enforced Disappearance Ordinance” are legitimate to address past violations and prevent them from reoccurring. We also note that it seeks to prohibit the operation of secret detention centers such as the so-called Aynaghar, a long-standing concern for victims and human rights groups. 

However, the protection of human rights must never come at the expense of other human rights. The pursuit of justice for one violation cannot justify the creation of another. Legal measures must comply with international human rights obligations. By prescribing capital punishment, the Ordinance violates Bangladesh’s obligations under international law and undermines the very ideals it seeks to advance. The death penalty is an inhumane punishment that violates the right to life.  

As a state party to the International Covenant on Civil and Political Rights (ICCPR) and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), Bangladesh is bound to ensure that criminal penalties and procedures respect the inherent dignity of all persons. The UN Human Rights

Committee has long clarified that the death penalty may only be imposed for the “most serious crimes,” meaning crimes involving intentional killing. Extending capital punishment to enforced disappearance, which does not necessarily entail such intent, contravenes Article 6 of the ICCPR and distorts the protective purpose of the ICPPED. Procedural elements of the Ordinance further risk undermining the right to a fair trial guaranteed under Article 14 of the ICCPR. The establishment of special tribunals and a rigid 120-day trial deadline may jeopardize the rights to adequate defense – safeguards that are indispensable to justice, especially in cases of grave human rights violations. We have advocated the reality that capital punishment is an ineffective measure to address crime. Penalizing the crime of enforced disappearance, the Ordinance need not include a death penalty provision to enable victims and their families to access justice and demand accountability from perpetrators. 

We appeal to the Interim Government of Bangladesh to reflect on its position and comply with their international human rights obligations. We urge the Interim Government to consider the repeal of those sections of the Ordinance and continue to pursue more effective alternative solutions and appropriate punishments for the crime of enforced disappearance together with civil society, victims’ groups, human rights organizations, and other stakeholders. 

The global trend is clearly towards a world without the death penalty. ADPAN calls on the Interim Government of Bangladesh to focus on taking steps towards the abolition of the death penalty. 

Signatories: 

  1. Anti-Death Penalty Asia Network (ADPAN) 
  2. Capital Punishment Justice Project 
  3. Redemption Pakistan 
  4. Maldivian Democracy Network 
  5. Odhikar (Bangladesh) 
  6. Justice Project Pakistan 
  7. Coalition Against the Death Penalty 

Bangladesh: The Interim Government Must Ensure the Ordinance on Enforced Disappearances Aligns With International Standards Following Robust Public Consultations

Bangladesh: The Interim Government Must Ensure the Ordinance on Enforced Disappearances Aligns With International Standards Following Robust Public Consultations

15 May 2025, Statements

We – the undersigned human rights organisations – express our serious concerns about Bangladesh’s draft Enforced Disappearance Prevention and Redress Ordinance 2025. While it is critical to enact a law to hold perpetrators accountable for enforced disappearances, the current draft contains provisions that fail to adhere to international standards. The Interim Government took laudable steps in acceding to the United Nations International Convention for the Protection of All Persons from Enforced Disappearance and establishing the Commission of Inquiry on Enforced Disappearances. However, the draft Ordinance’s definition of enforced disappearances is not compatible with the Convention, among other serious flaws. We are alarmed by reports that the draft Ordinance is progressing without adequate public consultations.

Accountability cannot be achieved without a robust legal framework, developed through a transparent and inclusive consultation process with sufficient time for meaningful feedback.
First, a law of this importance should be developed following extensive consultation with a wide array of stakeholders, including victims, family members, legal experts, and civil society representatives reflecting the plurality of Bangladeshi society. Despite the Commission of Inquiry on Enforced Disappearances having a mandate to investigate individual cases and make recommendations to address such crimes and prevent future occurrences, there appears to have been no significant role for the Commission in preparing the draft Ordinance – a missed opportunity given its extensive work and expertise. Consultations must not be treated as a tick-box exercise but rather as an essential process to ensure the law, when passed, genuinely reflects public input. Therefore, ahead of the passage of this draft legislation, we call on the Interim Government to ensure robust, meaningful consultation with a wide array of civil society actors, to provide adequate time for feedback, and to ensure this feedback is taken on board insofar as it adheres to international laws and best practice.

Second, the Ordinance must ensure all perpetrators of enforced disappearances, including members of security forces who are responsible through superior or command responsibility, can be held accountable. However, the draft Ordinance’s language limits superior or command responsibility to circumstances where it can be proven a commander ordered, or was involved in supporting, an enforced disappearance. Not only does this shift the onus of proving orders or involvement onto victims, or their representatives, but it also violates international legal standards. Under Article 28 of the Rome Statute of the International Criminal Court, commanders are criminally responsible if they knew or should have known about crimes by subordinates but failed to take all necessary and reasonable measures to prevent or investigate the crimes. Therefore, the current draft Ordinance risks excluding key perpetrators from liability before investigations have begun.


Third, the Ordinance should ensure that the body tasked with investigating enforced disappearances is independent and that its mandate on this issue is established through legislation, rather than executive decree. This legislative foundation is essential to ensure it has the institutional authority and independence to withstand external pressures and to prevent the risk of being dissolved by the government. The draft Ordinance falls short of this in proposing that a new National Commission on the Prevention and Redress of Enforced Disappearances be established only through a gazette notification at the government’s discretion.
Fourth, the investigating body should have jurisdiction to investigate all cases of enforced disappearances. However, the draft Ordinance currently reserves for the exclusive jurisdiction of the International Crimes Tribunal enforced disappearances that were widespread or systematic, i.e. that amount to crimes against humanity. Evidence indicates that the vast majority of enforced disappearances under Sheikh Hasina’s government were widespread or systematic, leaving the investigating body, whether the proposed new commission or another, with little or no role in investigating the thousands of disappearances that are estimated to have occurred.
Fifth, the Ordinance should exclude the death penalty as a sentencing option. The irreversible nature of the death penalty, coupled with the persistent risk of wrongful convictions and its historically disproportionate application, particularly against marginalised groups and political opposition, renders it an inherently flawed and dangerous tool for justice. Extending the application of the death penalty in Bangladesh under this legislation would conflict not only with the constitutional guarantee of the right to life, but also with Bangladesh’s obligations under international law, specifically Article 6 of the International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a state party. The UN Human Rights Committee, which interprets the ICCPR, clearly expects state parties to progress towards full abolition and prohibits them from extending the death penalty to offences not subject to capital punishment at the time of ratification, as stated in General Comment No. 36.

The global community is increasingly unified in its opposition to capital punishment, as evidenced by the most recent vote at the United Nations General Assembly in December 2024, where over two-thirds of UN member states voted for a moratorium on the use of the death penalty. For the first time, Bangladesh abstained from voting, having opposed the resolution in previous years. This was an encouraging step, hopefully towards support for domestic abolition, and we encourage the Interim Government to take the vital next step of declaring an official moratorium on executions and to instruct prosecutors not to seek the death penalty. As the authorities of Bangladesh advance accountability and protections in the country, they cannot seek to address human rights violations via a form of punishment that is incompatible with human rights and human dignity.

Finally, the draft Ordinance allows for trials to be conducted in absentia. While this provision may be included to avoid potential delays, it would fundamentally compromise an accused person’s right to a fair trial as set out in Article 14 of the ICCPR, which is a cornerstone of any legitimate legal process.
The potential for the proposed Ordinance to be weaponised underscores broader concerns about legal transparency and the integrity of Bangladesh’s justice system. This not only risks injustice but also threatens to erode public confidence in the legal system. The Interim Government of Bangladesh must remove the death penalty and any other provisions that contravene international laws and standards from the draft Enforced Disappearance Prevention and Redress Ordinance 2025.

Signed by:
Anti-Death Penalty Asia Network
Asian Forum for Human Rights and Development (FORUM-ASIA)
Capital Punishment Justice Project
Fortify Rights
Human Rights Watch
International Bar Association’s Human Rights Institute (IBAHRI)
International Federation for Human Rights (FIDH)
Robert F. Kennedy Human Rights
Together Against the Death Penalty (ECPM)
World Coalition Against the Death Penalty
World Organisation Against Torture (OMCT)

Letter to the U.N. Secretary-General in Advance of His Visit to Bangladesh

Letter to the U.N. Secretary-General in Advance of His Visit to Bangladesh

10 March 2025, Statements

His Excellency António Guterres

Secretary-General of the United Nations

Dear Secretary-General:

As human rights organizations, we write to respectfully urge you to do everything in your power to provide U.N. support to Bangladesh during this critical period in the country’s political transition.

Bangladesh is now undergoing unprecedented changes following widespread protests that led to the ouster of Sheikh Hasina’s Awami League government in August 2024. As concluded by the February 2025 fact-finding report of the U.N. Office of the High Commissioner for Human Rights (OHCHR), Bangladeshi security forces engaged in extrajudicial killings and other abuses to suppress the protests with the approval and direction of top political leaders. These actions were the culmination of fifteen years of gross human rights violations by security forces under Hasina’s government, including extrajudicial killings, enforced disappearances, torture, and arbitrary detention of human rights defenders, members of the political opposition, journalists, and other perceived critics.

Profound changes are now urgently needed to protect civic space, ensure justice for victims of human rights abuses, and reform the security sector, the judiciary, and electoral processes in accordance with principles of transparency, accountability, and respect for fundamental rights. The Interim Government of Bangladesh has a critical but also narrowing window of opportunity before elections to make lasting institutional reforms that withstand backsliding by future governments.

To support accountability and security sector reform, the U.N. Department of Peace Operations should immediately suspend from U.N. missions all current and former members of the Rapid Action Battalion, Directorate General of Forces Intelligence, the Dhaka Metropolitan Police Detective Branch, and all other units implicated in abuses, pending Bangladesh’s implementation of rigorous screening processes of security forces recommended by the OHCHR report. OHCHR’s recommendation echoes the concerns expressed by other U.N. experts, including the U.N. Working Group on Enforced and Involuntary Disappearances and the U.N. Committee against Torture, that Bangladeshi security forces implicated in grave human rights abuses should not be deployed for U.N. peace operations.

The Interim Government has also expressed concerns about the pressure of hosting over a million Rohingya refugees. Not only has the refugee population grown over the past year, but more Rohingya, as well as others, are now fleeing renewed hostilities between the Arakan Army and the military in Myanmar and seeking shelter in Bangladesh. We are deeply concerned that funding shortfalls may force the U.N. World Food Programme to more than halve the value of food vouchers given to Rohingya refugees to just US$6 per person per month from April 1. We ask you to redouble efforts to ensure that U.N. agencies have adequate resources to support the humanitarian needs of Rohingya refugees. We urge you to ensure U.N. leadership in hosting a high-level conference on Rohingya, as decided by the U.N. General Assembly in the Third Committee resolution last year, explores avenues for justice and accountability in Myanmar that would end decades of impunity, and discusses enhanced humanitarian assistance, including for those across the border.

In the current context, we recognize the value of U.N. experts in supporting the people of Bangladesh in the country’s transition to a flourishing democracy. We ask you to urge the Interim Government of Bangladesh to carry out the following recommendations, which we have also put to them ourselves, and to pledge the U.N.’s support in helping them in the process:

  • Hold perpetrators accountable for gross human rights violations, including members of security forces who are responsible directly or through command responsibility. Conduct independent, impartial, and credible investigations into all past abusesincluding extrajudicial killings, enforced disappearances, torture, and arbitrary detention by Hasina’s government since 2009–and the killings in July and August 2024. With arrest warrants issued by Bangladesh’s International Crimes Tribunal (ICT) for Sheikh Hasina and dozens of others, it is essential that investigations comply with established international standards and lead to fair prosecutions of all alleged perpetrators, regardless of their institutional or political affiliation in Bangladesh’s pursuit of ending impunity.  
  • Ensure the International Crimes (Tribunals) Act is further amended in line with international standards to guarantee fair trials for all alleged perpetrators, and declare a moratorium on the death penalty, with a view towards enacting a law to abolish capital punishment for all crimes. Though the Interim Government has made progress in amending the Act, the elimination of the death penalty and additional due process protections that adhere to international standards are still necessary to break with the ICT’s past fair trial violations and secure meaningful justice.
  • Security forces must immediately release anyone who is forcibly disappeared or in unlawful or arbitrary custody and provide answers about those who were extrajudicially executed or are missing. Security forces must ensure unfettered and ongoing access to all detention centers in Bangladesh and provide free access to their records regarding those seized or detained to Bangladesh’s Commission of Inquiry on Enforced Disappearances and other key actors, including the National Human Rights Commission.

 

  • Disband the Rapid Action Battalion, as recommended by the OHCHR report and Bangladesh’s Commission of Inquiry on Enforced Disappearances. The Rapid Action Battalion’s track record of committing extrajudicial killings, enforced disappearances, and torture with impunity not only demands accountability but also underscores that the institution is beyond reform. It must be fully disbanded to guard against the serious risk of future abuses and to demonstrate commitment to building a rights-respecting security force.
  • Implement rigorous, fair, transparent, and independent vetting processes across all security forces to remove those involved in gross human rights violations from their positions, and ensure ongoing vetting to prevent the deployment in U.N. peace operations of anyone facing credible allegations of abuse. Pending the establishment of this screening process, the government should immediately suspend from U.N. missions all current and former members of the Rapid Action Battalion, Directorate General of Forces Intelligence, the Dhaka Metropolitan Police Detective Branch, and all others facing credible allegations of abuse. Vetting processes should prioritize identifying those responsible for human rights abuses, provide adequate due process, and take place in consultation with the public and international experts.
  • Pursue a resolution under item 10 at the U.N. Human Rights Council (HRC). The resolution should request technical assistance, monitoring, reporting, and further investigations from U.N. experts to advance accountability, justice processes, and critical institutional reforms. An HRC resolution will provide the strong institutional framework necessary to bolster positive reform efforts by both current and future administrations, with ongoing U.N. support and reporting.
  • Approve the establishment of a permanent mission of the U.N. Office of the High Commissioner for Human Rights in Bangladesh to support transparent investigations into past abuses, compliance with human rights obligations, and effective institutional reforms, particularly of the security sector, judiciary, election commission, and the National Human Rights Commission. 
  • Guarantee access to the country for international human rights monitors, including by extending a standing invitation to all U.N. Human Rights Council special procedures, as recommended by the OHCHR report, including the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture, to support efforts to ensure justice for victims, reform laws, and rebuild criminal justice institutions. Human rights monitors should be free to carry out their work in all areas of the country and have unfettered access to detention sites to engage in effective investigations and reporting.
  • Repeal or amend in line with international standards abusive laws that have been used to restrict freedom of expression, the right to privacy, and other fundamental rights, such as the Anti-Terrorism Act, the Official Secrets Act, criminal defamation under the Penal Code, the Special Powers Act, the Cyber Security Act 2023, and the Bangladesh Telecommunication Regulation Act following a robust public consultative process. The government should withdraw or facilitate the dismissal of all politically motivated and other malicious cases against journalists, human rights defenders, activists, and other citizens, regardless of their political affiliation, brought in violation of international human rights standards, particularly concerning the exercise of the right to freedom of expression.
  • Ensure the protection, access to aid, and rights of Rohingya refugees. We urge the Interim Government to allow new refugees fleeing Myanmar to enter Bangladesh, to register them in partnership with the U.N. High Commissioner for Refugees, and to ensure they receive humanitarian assistance. All Rohingya refugees should be guaranteed access to aid, livelihoods, education, and freedom of movement, and should not be subjected to forcible relocations to Bhasan Char or forced repatriations to Myanmar. Although the government has said that repatriation is the only solution to the refugee crisis, we know that all parts of Myanmar currently remain unsafe for return. We encourage the Interim Government to use the upcoming high-level conference on Rohingya to pursue avenues for justice and accountability in Myanmar.
  • Adopt a gender sensitive and intersectional approach in the implementation of all of these recommendations, as human rights violations and their impacts are often experienced differently based on gender, as well as other factors, such as ethnicity, disability, religion, or socio-economic status. This approach will ensure that the reforms and accountability measures comprehensively address the diverse needs and experiences of all people in the country.

We trust you share our goal of ensuring that the people of Bangladesh, who fought so hard for the country’s future, receive every opportunity for international support in the pursuit of democratic and rights-respecting institutions.

Sincerely,

Robert F. Kennedy Human Rights

Human Rights Watch

International Truth and Justice Project

CIVICUS

Tech Global Institute

International Federation for Human Rights (FIDH)

Fortify Rights

Capital Punishment Justice Project (CPJP)

Anti-Death Penalty Asia Network (ADPAN)

Asian Federation Against Involuntary Disappearances (AFAD)

[Joint Statement] Enforced Disappearances in Bangladesh: Government must hold perpetrators accountable, ensure justice and reparation for victims, survivors, and their families

[Joint Statement] Enforced Disappearances in Bangladesh: Government must hold perpetrators accountable, ensure justice and reparation for victims, survivors, and their families

August 29, 2024, Statements

Bangkok/ Dhaka/ Geneva/ Manila/ Melbourne/ Paris/ Washington, D.C.; (29 August 2024) – In commemoration of the International Day of the Victims of Enforced Disappearances on 30 August, we–the undersigned organisations–express solidarity with the families of the disappeared in Bangladesh and across the world. 

Under the deposed Sheikh Hasina administration, Bangladeshi law enforcement agencies and security forces systematically committed enforced disappearances. 

Enforced disappearances were used to suppress political opposition, silence dissent, and create a climate of fear in the country. In the past decade, families of those who had been subjected to enforced disappearance were systematically denied legal redress. 

Secret Detention Centres

As human rights defenders and families have pointed out, victims of enforced disappearance were detained in secret detention centres like the Aynaghar (The House of Mirrors), which is reportedly located in Dhaka Cantonment and operated by the Directorate General of Forces Intelligence (DGFI), the intelligence agency of the Bangladesh Armed Forces. Other victims were held in similar detention centres across the country operated by the Rapid Action Battalion (RAB) and the Detective Branch of the police. 

The recent release of three disappeared victims from the Aynaghar after years of arbitrary and incommunicado detention only confirms the long-denied allegations of enforced disappearances committed under the deposed Hasina administration.

In December 2021, the US imposed sanctions on the RAB and several of its officers due to serious human rights violations.  Shortly after, incidents of enforced disappearance somewhat declined. Most victims who have only disappeared for short periods resurfaced and were subsequently arrested on various criminal charges. However, in July 2024, Bangladesh witnessed a new worrying pattern of enforced disappearances. During the initial stages of the student-led quota reform movement, many student protesters were subjected to brief disappearances.

According to data collected by Odhikar, between January 2009 and June 2024, 709 people were subjected to enforced disappearances by Bangladeshi law enforcement agencies and security forces. Among them, 467 were surfaced alive and/or produced in court. Meanwhile, 83 victims were found dead, with some of them allegedly caught in “crossfire” with security forces. To date, 155 people remain missing. 

In Bangladesh, victims of enforced disappearances mostly include academics, journalists, dissenting voices, and political activists belonging to the opposition. Odhikar’s data show that majority of enforced disappearances were committed by the RAB, the Detective Branch of the police, and intelligence agencies.

Call to action

We welcome the interim government’s decision to form a Commission of Inquiry to conduct a thorough, independent, and impartial investigation into allegations of enforced disappearances in Bangladesh. We expect the Commission to publish its findings and recommendations with utmost transparency. 

We urge the interim government to immediately and unconditionally release all persons who may still be held in illegal secret detention centres.

We also call on the interim government to extend a standing invitation to all Special Procedures of the United Nations Human Rights Council. Likewise, the interim government should facilitate the official country visit of the UN Working Group on Enforced or Involuntary Disappearances.

In addition, we urge the government to become a state party to the International Convention for the Protection of all Persons from Enforced Disappearance. The interim government must immediately enact a domestic law that criminalises enforced disappearances and recognises the mandate of the UN Committee on Enforced Disappearances.

The interim government should take concrete steps to hold perpetrators of enforced disappearances to account. No perpetrator shall be exempted from the rule of law, including law enforcement agencies and especially those with command responsibilities.

Last but not the least, the interim government should strive to promptly deliver justice and reparation to all victims and survivors–including their families and loved ones–of enforced disappearances. 

Organisations signed:

  1. Anti-Death Penalty Asia Network
  2. Asian Federation Against Involuntary Disappearances
  3. Asian Forum for Human Rights and Development
  4. Capital Punishment Justice Project
  5. International Coalition Against Enforced Disappearances
  6. International Federation for Human Rights
  7. Maayer Daak 
  8. Odhikar
  9. Robert F. Kennedy Human Rights
  10. World Organisation Against Torture 

Re: Open Letter with Urgent Action Required regarding the Condemnation of Bangladesh Government’s Brutal Crackdown and Manipulation Efforts

Re: Open Letter with Urgent Action Required regarding the Condemnation of Bangladesh Government's Brutal Crackdown and Manipulation Efforts

August 05 2024, Statements

We, the undersigned, urgently bring to your attention a disturbing development concerning the  Government of Bangladesh. An email dated 25 July 2024, sent by the Government to its overseas  embassies, instructs them to counter the current narrative regarding the situation in Bangladesh.  This communication seeks to manipulate host governments and media outlets, mitigate negative  portrayals, and exploit favourable diaspora to distort public perception. 

We vehemently condemn the Bangladesh Government’s brazen attempts to spread misinformation  and fabricate narratives about the situation in the country. These actions are a deliberate effort to  obscure the truth and prevent the real picture from being exposed. This communication from the  Bangladesh Government is nothing short of foreign interference and transnational repression. Such  actions are intolerable and violate the core principles of free speech and democratic engagement. 

The protests broke out on 1 July 2024, quickly spreading across universities in Bangladesh.  Students were demanding the repeal of the quota system reinstated by the High Court on June 5,  2024, which reserved 30% of first and second-class government jobs for descendants of 1971  freedom fighters. Although the system was abolished in 2018 after widespread protests, its  reinstatement prompted a new wave of demonstrations, with students calling it discriminatory and  demanding its cancellation. 

The protesting students were met with a brutal crackdown and unprecedented violence,  highlighting the Awami League government’s continued pattern of violent repression against  peaceful assembly and dissent. Over 200 protestors have been killed, 9000 arrested, and countless  others severely injured. Security forces, including police and military, have resorted to extreme  measures and a shoot-to-kill approach, as evidenced by firing bird shots and pellets at close range,  using tear gas in enclosed spaces, and conducting overnight abductions. Videos verified by  Amnesty International show officers dragging injured protesters and failing to provide medical aid. 

These actions have caused severe injuries and permanent disabilities. The use of armed forces  against unarmed civilians is a gross abuse of power and a violation of international norms. 

On July 21, 2024, the Supreme Court scrapped most quotas, but students in Bangladesh have  expanded their protests. They now demand a public apology and acceptance of responsibility from  Prime Minister Sheikh Hasina, the resignation of key ministers and university officials, and a ban  on the Bangladesh Chhatra League from student politics, among other demands. They vow to  continue protesting until these demands are met. 

The witch hunt against protest leaders and participants has intensified, with overnight abductions  and arbitrary arrests of student human rights defenders. The government is relentless in silencing  and punishing those demanding justice and reform, with alarming reports of torture and ill treatment of detainees. 

The situation has been further exacerbated by the government-imposed Internet shutdown, which  lasted for 11 days. Not only the Internet and mobile services are cut off, online media are  inaccessible. The Internet is still slowed while restrictions persist on social media platforms and  two online media that were based outside Bangladesh: Netra News and Bangla Outlook could not  be accessed from inside Bangladesh. This deliberate action has severely limited communication  and access to information. Such measures are clear attempts to limit freedom of expression,  freedom of press, and digital rights, and control the narrative by cutting off the population from  the outside world. This is an egregious assault on freedom of information and a desperate bid to  hide the government’s crimes. 

Journalists have been targeted in this violent crackdown. At least 30 reporters have been attacked,  and at least three journalists have been killed while covering the protests. This assault on press  freedom is a direct attack on democracy and must be condemned in the strongest terms. 

The role of the military and police along with vigilante groups such as the Bangladesh Chhatra  League, in perpetuating this violence is undeniable and reprehensible. Soldiers have been  deployed on the streets, tanks stationed across Dhaka, and curfews imposed to crush the protests.  The government’s response, marked by abductions, severe beatings, and impunity for state-aligned  vigilantes, showcases a regime willing to go to any lengths to desperately cling to power. The use of armed forces against unarmed civilians is a gross abuse of power and a violation of international  norms. 

We echo the urgent calls from United Nations experts, including Human Rights Chief Volker Turk  and Special Rapporteur Irene Khan, for an impartial, independent, and transparent investigation  into the alleged human rights violations during the crackdown on protesters. The government’s  handling of the mass protests, marked by significant casualties and widespread arrests, must be  scrutinized without delay. 

We demand that embassies and international bodies take immediate action as outlined below: 

  1. Call on the Bangladesh Government to immediately halt all killings and other forms of  violence against protesters. 
  2. Immediately advocate for and support an international commission of inquiry, established  by the UN Human Rights Council, for an impartial, independent, and transparent  investigation into the human rights violations. 
  3. Resist any and all pressures from the Bangladesh Government to alter the narrative and  ensure that accurate and truthful information is disseminated. 
  4. Urgently support secure platforms for documenting and submitting evidence of human  rights abuses. 
  5. Work tirelessly to hold those responsible for human rights violations accountable through  appropriate legal and diplomatic channels. 
  6. Demand the immediate restoration of full internet access and the lifting of all restrictions  on social media platforms and online news outlets to ensure the free flow of information. 7. Strongly condemn the use of military and police forces against unarmed civilians and  demand the immediate demilitarization of the response to peaceful protests. 8. Stand in solidarity with the people of Bangladesh who are courageously fighting for justice  and democratic reform. 

The international community must remain vigilant against the Bangladesh Government’s egregious  attempts to manipulate the narrative. We must collectively ensure that accurate information  prevails, and the voices of those fighting for justice and reform in Bangladesh are heard and supported. We urge all concerned parties to decisively reject misinformation and uphold the  principles of transparency, accountability, human rights and the rule of law. 

Sincerely, 

Signature Organizations (Alphabetical Order as of August 4, 2024) 

  1. Advocacy Forum-Nepal 
  2. Alliance of Independent Journalists (AJI) Indonesia 
  3. Anti-Death Penalty Asia Network (ADPAN) 
  4. Asean Youth Forum (AYF) 
  5. Asia Dalit Rights Forum (ADRF) 
  6. Asia Democracy Network 
  7. Asian Forum for Human Rights and Development (FORUM-ASIA) 
  8. Asian Muslim Action Network (AMAN Indonesia). 
  9. Asian Network for Free Elections (ANFREL) 
  10. Asociación Pro Búsqueda de Niñas y Niños Desaparecidos – El Salvador 
  11. Association of Parents and Family Members of the Disappeared (AFMD)-Sri Lanka
  12. Association of Women for Awareness and Motivation (AWAM) 
  13. Balaod Mindanaw 
  14. Bir Duino – Kyrgystan 
  15. Bytes for All, Pakistan 
  16. Cambodian Human Rights and Development Association (ADHOC Cambodia) Capital Punishment Justice Project, Australia 
  17. Citizens Alliance for North Korean Human Rights (NKHR), South Korea 
  18. Coalition for Equality – Kyrgyzstan 
  19. Conflict Victims’ Society for Justice, Nepal 
  20. Defence of Human Rights Pakistan (DHR) 
  21. Desaparecidos, Philippines 
  22. Families of the Disappeared (FOD) – Sri Lanka 
  23. Free Jonas Burgos Movement, Philippines 
  24. Global Partnership for the Prevention of Armed Conflict (GPPAC) / Initiative for  International Dialogue. (IID).
  25. Human Rights Hub, Sri Lanka 
  26. Human Rights Measurement Initiative (HRMI) 
  27. Human Rights Now (Japan) 
  28. Hustisya, Philippines 
  29. Indonesia Legal Aid and Human Rights Association (PBHI). 
  30.  Indonesia Legal Aid Foundation (YLBHI) 
  31. Indonesian Legal Aid and Human Rights Association (PBHI) 33. 
  32. Institute for Policy Research and Advocacy (ELSAM) Indonesia 34. 
  33. International Coalition Against Enforced Disappearances (ICAED) 
  34. International Legal Initiative Foundation, Kazakhstan 
  35. Jagriti Child and Youth Concern Nepal (JCYCN) 
  36. Karapatan Alliance, Philippines 
  37. Karnali Integrated Rural Development and Research Centre, Nepal 
  38. Kazakhstan International Bureau for Human Rights and Rule of Law 
  39. Law and Society Trust (LST) Sri Lanka 
  40. Legal Literacy-Nepal 
  41. Liga Guatemalteca de Higiene Mental, Guatemala 
  42. Madres de Plaza de Mayo – Linea Fundadora – Argentina.
  43. Migrant Forum in Asia (MFA) 
  44. National Commission for Justice and Peace, NCJP 
  45. Nonviolence International Canada 
  46. Philippine Alliance of Human Rights Advocates (PAHRA) 
  47. PIKAT Demokrasi, Indonesia 
  48. Public Association “Dignity”, Kazakhstan 
  49. Pusat Komas 
  50. South Asia Youth Network 
  51. Southeast Asia Freedom of Expression Network (SAFEnet), Indonesia 
  52. Sri Lanka Democracy Network. 
  53. Sydney Policy and Analysis Center 
  54. Task Force Detainees of the Philippines (TFD-P) 
  55. The Commission for the Disappeared and Victims of Violence (KontraS)
  56. The Globe International Center 
  57. Think Centre, Singapore 
  58. Torture Coalition and Survivors Support Coalition, Washington DC
  59. We Remember-Belarus 
  60. Women’s Rehabilitation Centre (WOREC), Nepal

BANGLADESH: Brutal Crackdowns on Student Protesters Resulting in Fatalities Warrant Accountability

BANGLADESH: Brutal Crackdowns on Student Protesters Resulting in Fatalities Warrant Accountability

July 19 2024, Statements

The undersigned human rights organizations express our serious concerns over ongoing, brutal crackdowns on protesters in Bangladesh by law enforcement agencies, security forces, and members of the ruling party. Students across the country are protesting against a system of quotas in the recruitment of public servants. The government of Bangladesh has deployed Police, Rapid Action Battalion (RAB), and Border Guards-Bangladesh (BGB) to quell the protests in major cities around the country. We urge the Government to immediately cease these crackdowns on student protests.

Credible information analyzed by human rights groups and media reports confirms that at least 33 people have been killed, including a journalist, since the protests commenced on 15 July, while scores were seriously injured. Law enforcement agencies and security forces have been seen driving armored personnel carriers (APCs), and local and international media have reported on the use of teargas, sound grenades, rubber and pellet bullets, and water cannons against protesters. Media reports indicate that members of the Bangladesh Chhatra League (BCL), the ruling party’s student wing, were seen beating protesters, including women students, with both blunt and sharp weapons and guns. The government has shut down universities and other educational institutions, with students ordered to vacate the dormitories.

Human rights defenders and journalists, who have requested anonymity for fear of reprisals, report that, as of late night on 18 July, joint forces comprising the Police, RAB, and BGB were conducting massive crackdowns across Dhaka and other cities with public universities. The government has reportedly shut down electricity and blacked out communications, including mobile phone networks and the internet, during these operations. Journalists were allegedly prevented from covering the violent actions of the security forces and law enforcement agencies. Members of the BCL wearing helmets and carrying weapons are reported to have entered the emergency units of hospitals to further attack injured protesters. The police have been accused of preventing ambulances from helping wounded students at the Jahangirnagar University on the outskirts of Dhaka. Bangladesh-based journalists have been forced to censor their reports of the gross abuses being carried out by the security forces. The police have registered several cases against named and un-named protesters, and large-scale arbitrary arrests and detention are going on while torture in custody is a norm of the law enforcement agencies in the country.

Bangladesh’s law enforcement agencies consistently disregard the United Nations’ Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. The government of Bangladesh, under Prime Minister Sheikh Hasina, has established an ‘appalling and pervasive culture of impunity’ for gross human rights violations and a system of rewarding perpetrators. In the given context, victims of serious human rights violations are systematically deprived of access to justice. Bangladesh has consistently failed to hold perpetrators accountable for gross human rights violations over the past decade. 

This has created a de facto system of denial of justice in Bangladesh, which warrants the international community’s urgent attention to hold perpetrators accountable and demand that the Bangladeshi government comply with its international human rights obligations. There are growing concerns that members of the security forces and members of the Judiciary regularly enjoy the opportunity to join the UN Peacekeeping Operations. In light of such ongoing massive violations of human rights, personnel of security forces, law enforcement agencies, and the police should be banned from participating in the UN Peacekeeping Missions without a credible system of scrutiny.

We strongly call on the Bangladeshi government to immediately stop the crackdown on protests and instead engage in meaningful dialogue with the students and investigate the use of violence to stifle the demonstrations. Perpetrators should be held accountable through genuine and independent investigations. The international community, including the UN Department of Peace Operations, has a responsibility to ensure that the same forces that are committing crimes in Bangladesh do not join peacekeeping forces abroad.

Signed:

  • Robert F. Kennedy Human Rights
  • Capital Punishment Justice Project
  • Asian Federation Against Involuntary Disappearances
  • Eleos Justice, Monash University
  • Anti-Death Penalty Asia Network

China: Judicial Guidelines to Curtail Activism for Taiwan a Further Blow for Human Rights Protections

China: Judicial Guidelines to Curtail Activism for Taiwan a Further Blow for Human Rights Protections

July 11, 2024, Statements

The undersigned organizations are alarmed by the recent publication by the Chinese authorities of new judicial guidelines  providing directives to prosecute and harshly punish, including by the death penalty, those advocating and acting for  Taiwan’s independence. The guidance effectively encourages China’s courts and law enforcement agencies to violate  several rights established under international human rights law and standards, including the rights to life, to the freedoms of expression, peaceful assembly and association, and to a fair trial. We call on the Chinese authorities to immediately withdraw the guidelines and swiftly introduce legislative changes to repeal vague and overly broad national security-related offences and the death penalty, as critical first steps. 

On 21 June 2024, the Supreme People’s Court of China jointly issued with the Supreme People’s Procuratorate, the  Ministry of Public Security, the Ministry of State Security and Ministry of Justice the “Opinions on Punishing ‘Taiwan  Independence’ Diehards for Conducting or Inciting Separatism in Accordance with Law” (henceforth, guidelines).1 The  guidelines are based on existing provisions under China’s Anti-Secession Law, Criminal Law and Criminal Procedure Law; and encourage lower courts and various government and law enforcement agencies to prosecute and punish as national  security offences various acts, including peaceful ones, aimed at the pursuit of the independence of Taiwan from China.  The guidelines came into effect upon publication.  

Our organizations are gravely concerned by the violations of human rights that are encouraged and would be carried out  through the implementation of these guidelines. By explicitly criminalizing and demanding harsh punishments for peaceful acts that aim at advocating for Taiwan’s independence, the Chinese authorities are cracking down under the  pretext of national security on the rights to freedom of expression, freedom of peaceful assembly and other human rights.  

According to internationally recognized human rights standards, “national security” cannot be invoked to justify  restrictions on rights and freedoms unless genuinely and demonstrably intended to protect a state’s existence or territorial  integrity against specific threats of the use of force;2 nor can this national security framework legitimately be applied by governments to entrench a particular ideology or deny people the right to express different political views and to exercise  their other human rights as protected by international legal standards.3 Expression can only be punished as a threat to  national security when the authorities can demonstrate that the speaker has the intent to incite violence, there is a  likelihood that the expression will incite such violence and a direct and immediate connection between the expression and  the likelihood or occurrence of such violence.4 Speech such as advocating for a change in government or government  policy, as well as criticism or even insult of a state’s institutions or its symbols, or exposure of human rights violations, is  protected under international human rights law and must not be restricted or penalized on national security grounds.5 Likewise, demanding territorial changes in the form of autonomy or even secession in speeches and demonstrations does  

 

not automatically amount to a threat to the country’s territorial integrity and national security.6 The UN Human Rights  Committee, the UN body tasked with monitoring the implementation of the International Covenant on Civil and Political  Rights (ICCPR) – which China signed in 1998 – has frequently rejected attempts to justify far-reaching restrictions with  vague references to “national security”.7 

Of additional concern is the broad definition of aggravating circumstances that would warrant the harshest penalties,  including the death penalty, under sections 6 and 7 of the guidelines.8International human rights law and standards set  out that the imposition of the death penalty must not be based on “vaguely defined criminal provisions, whose application  to the convicted individual depend on subjective or discretionary considerations, the application of which is not  reasonably foreseeable.”9 These are necessary requirements prescribed by the principle of legality, a core general  principle of law, enshrined, among other places, in Article 15 of the ICCPR and Article 11 of the Universal Declaration of  Human Rights. Without an explicit and effective requirement to comply with international human rights law, vague terms  leave the law open to abuse by authorities who use it to crack down on a wide range of human rights.10 Vaguely drafted  laws can lead to a chilling effect and ultimately self-censorship in public debate, including online. 

We oppose the death penalty absolutely and are already greatly concerned at the overall lack of transparency that  surrounds the use of the death penalty in China. We are further alarmed that the guidelines recommend the imposition of  this cruel punishment in violation of the principle of legality; and as a result of trials where the defendant is not present (in  absentia), including on people in other countries. Death sentences imposed in unfair proceedings are arbitrary in nature  and amount to a violation of the right to life.11 Furthermore, pending full abolition of the death penalty, international law  and standards restrict its use to the “most serious crimes”, most recently interpreted as referring to “crimes of extreme  gravity involving intentional killing”.12 The majority of acts criminalized in the guidelines do not meet this minimum  threshold.13 

We call on the Chinese government and all authorities to review and amend all laws and regulations, and end all related  policies and measures, that violate human rights, in particular the rights to life, freedom of expression, peaceful assembly  and association, and ensure that any legal provisions aimed at protecting national security are clearly and narrowly  defined and conform to international human rights law and standards. We urge the authorities to establish an immediate  moratorium on all executions, as well as initiate legislative amendments to fully abolish the death penalty and commute all  death sentences.  

This statement is co-signed by:  

  1. Amnesty International 
  2. Anti-Death Penalty Asia Network 
  3. Capital Punishment Justice Project 
  4. The Rights Practice 
  5. World Coalition Against the Death Penalty 

***

  1. English translation available at https://en.spp.gov.cn/2024-06/21/c_998795.htm 
  2. Siracusa Principles on the Limitation and Derogation of Provisions in the International Covenant on Civil and Political Rights, UN Doc. E/CN.4/1985/4,  paras. 29-30. 
  3. Johannesburg Principles on National Security, Freedom of Expression and Access to Information, adopted on 1 October 1995 by a group of experts in  international law, national security, and human rights convened by Article 19, the International Centre Against Censorship, in collaboration with the  Centre for Applied Legal Studies of the University of the Witwatersrand in Johannesburg, http://www.article19.org/data/files/pdfs/standards/joburgprinciples.pdf 4 Johannesburg Principle 6. 
  4. Johannesburg Principle 7.
  5. European Court of Human Rights, Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, application numbers (29225/95 and  29221/95), 2001, para. 97. 
  6. UN Human Rights Committee, “General Comment 34: Freedom of opinion and expression (Art. 19)”, UN Doc. CCPR/C/GC/34, 12 September 2011,  paras. 21-26. 
  7. For example, the death penalty may be imposed for those “who cause particularly serious harm to the state and the people” and when the  circumstances of the crime are “particularly heinous”. 
  8. Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life,  UN Doc. CCPR/C/GC/36, para.38. 
  9. Working Group on Arbitrary Detention, Report, 15 December 2003, UN Doc. E/CN.4/2004/3, paras 64-65. 
  10. UN Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to  life, UN Doc. CCPR/C/GC/36, para.41. 
  11. UN Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to  life, UN Doc. CCPR/C/GC/36, para.35. 
  12. Conduct considered as “serious crime” include directly participating in the implementation of major separatist activities of an organization advocating  for Taiwan’s independence; or carrying out activities advocating for Taiwan’s independence with serious consequences and adverse impacts; and  playing a significant role in separatist activities.

Bangladesh: Urgent Call to Safeguard Human Rights and Democracy Ahead of January Elections

Bangladesh: Urgent Call to Safeguard Human Rights and Democracy Ahead of January Elections

December 12, 2023, Statements

The undersigned organizations express our deep concern about Bangladesh’s current human rights situation and closure of civic space as the country heads toward national elections on  7 January 2024.  

Since late October 2023, following the rallies and demonstrations co-organized by the political opposition,  the ruling party of Prime Minister Sheikh Hasina, the Awami League, has resorted to violence to suppress  protests and political dissent. The crackdown has resulted in 17 people being killed, including a journalist,  and 8,249 opposition leaders injured. Moreover, at least 50 people were injured as a result of a clash  between police, ruling party and opposition party activists during a human chain organized on the  commemoration of the International Human Rights Day in the Sayestanagar area of Habiganj. These cases  further emphasize the urgent need for accountability and a thorough and independent investigation into the  circumstances leading to the violence and the killings. 

The indiscriminate and excessive use of tear gas, sticks, batons, rubber bullets, and similar instruments by  law enforcement authorities raises serious concerns about the escalation of violence. Immediate action is  needed to address the abuse of police equipment. The disproportionate use of such tools not only violates  the fundamental rights of citizens but also exacerbates tensions, creating an environment that undermines  dissent, peaceful assembly and democratic dialogue. Security forces must urgently follow the international  human rights standards, including the United Nations Basic Principles on the Use of Force and Firearms  by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in  Law Enforcement.  

In addition, since the end of October, the Bangladeshi government has massively and arbitrarily detained  more than 20,000 individuals identified or perceived as the opposition. The arrests are related to 837  fabricated charges cases, where bail is consistently denied despite valid grounds and due process  guarantees are undermined. There have also been consistent and credible reports of torture and illegal  isolation of detainees in custody. The alleged torture inflicted on persons in custody is not limited to the  detentions that occurred over the past month but rather has been reported in the past and includes  “beatings; electric shocks; waterboarding; deliberately shooting to maim, including knee-capping; mock  executions; and forced nudity.”  

The government is systematically using the judiciary to convict the key opposition leaders en masse,  through prosecuting in the extended hours in the evenings to disqualify the potential opposition candidates  ahead of the January 7, 2024, elections, as pre-planned months ago. The large-scale detentions and  convictions not only erode the rights to freedom of expression and peaceful assembly, freedom, personal  integrity, and the right to a fair trial but also leave countless families in distress, as the detained individuals  are often the sole income earners of their households. 

The extensive use of violence and arbitrary detentions in Bangladesh paints a grim picture of the state of  democracy and human rights in the country. These abuses are committed in the context of a social  movement in which the people are demanding free and fair elections next January. Instead of upholding  the fundamental principles of democracy, the Bangladeshi government’s violent and repressive response  “has created an environment of fear, anxiety and extreme insecurity for citizens”.  

United Nations experts shared their concern about this violent crackdown: “As Bangladesh heads towards  national elections in early 2024, we are deeply disturbed by the sharp rise in political violence, arrests of  senior opposition leaders, mass arbitrary detention of thousands of political activists, use of excessive force  by the authorities and internet shutdowns to disrupt protests, and allegations of harassment, intimidation  and unlawful detention of family members as a retaliatory measure”. 

Another concern is the draft Data Protection Act, which allows law enforcement unrestricted authority to  access citizens’ data “if it is deemed necessary for national security or prevention or detection of an  offence”. Misuse of such power could lead to widespread surveillance, particularly of political dissenters,  and poses a threat to human rights, particularly the right to privacy. The cases in which the collection and  access are necessary must be defined clearly and narrowly tailored to the legitimate purposes they aim  to accomplish, limited in time and scope, and subject to an independent judicial review. 

We stand with the people of Bangladesh as they strive for a fair, democratic, and peaceful society. We  strongly urge an immediate halt to the violence, repression, and intimidation targeting political opponents.  Hence, we call on the government of Bangladesh to: 

  1. Immediately cease violence against protesters and ensure that the rights to freedom of expression,  freedom of peaceful assembly, life, liberty, and personal integrity are respected and protected. 2. Immediately and unconditionally drop all the politically-motivated cases, release all arbitrarily  detained activists and opposition members, and ensure fair and transparent judicial processes. 3. Conduct a thorough and impartial investigation into the gross human rights violations, particularly  cases involving deaths and torture allegations. 
  2. Reevaluate and revise the Draft Data Protection Act to ensure it aligns with international standards,  protecting the privacy and rights of citizens. 

Furthermore, we urge the international community to closely monitor the situation and advocate for the  protection of fundamental rights in Bangladesh. 

Signed: 

  1. Robert F. Kennedy Human Rights (RFKHR) 
  2. Capital Punishment Justice Project (CPJP) 
  3. The United Against Torture Consortium (UATC) 
  4. Asian Federation Against Involuntary Disappearances (AFAD) 
  5. Anti-Death Penalty Asia Network (ADPAN) 
  6. International Coalition Against Enforced Disappearances (ICAED)

BANGLADESH: Immediate Moratorium on Executions Must be Imposed

BANGLADESH: Immediate Moratorium on Executions Must be Imposed

November 30, 2021, Statements

We the undersigned civil society organizations condemn attempts1 by Bangladeshi authorities to proceed  with the execution of Shukur Ali, in violation of his right to a fair trial and in total disregard of due process. 

On 7 November 2021, it was reported that the prisons authorities sought to proceed with the execution of Mr. Shukur Ali who was convicted in 2004 for the abduction, rape and murder of a 13-year-old girl,  despite the fact that the release of his appeal-verdict by the in August 2021 was still pending. On 7  November, the Supreme Court ordered to halt Mr. Shukur Ali’s execution until it releases the full text of  the judgement after the schedule execution was circulated publicly through the media. 

This incident would not be the first of its kind in Bangladesh as recently published reports2suggest that  two convicts – namely Abdul Mokim and Golam Rasul Jharu – were executed in Jessore Central Jail on 16  November 2017 while their appeals were pending before the Supreme Court of Bangladesh. Such cases  are a violation of a person’s right to life and the right to a fair trial and due process. These planned executions are also in violation of Article 35 (3) of the Constitution of Bangladesh as the due process of  law was denied to the convicts prior to the execution of the capital punishment. 

In addition, Article 14 of the International Covenant on Civil and Political Rights (ICCPR) guarantees that  everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a  higher tribunal according to law. Failure to fulfil and uphold these rights in such cases renders the  execution unlawful and an act of extrajudicial killing by state authorities. 

We call on Bangladesh to investigate the violation of the right to fair trial against Mr. Shukur Ali and ensure  that similar violations do not take place against other individual. Failure to safeguard the right to a fair  trial will undoubtedly contribute to the violation of their right to life. We also call on the Bangladeshi  government to immediately impose a moratorium on executions and review the use of the death penalty  in Bangladesh in line with international trends towards abolition.