Professional Documents
Culture Documents
Edited by:
Advocate Shahanur Islam
Founder Secretary General
JusticeMakers Bangladesh (JMBD)
&
Founder President
JusticeMakers Bangladesh in France (JMBF)
Published by:
JusticeMakers Bangladesh in France (JMBF)
107 Rue Galleini 93000 Bobigny, France
Email: contact.jmbf@gmail.com; justicemakersbf@gmail.com
https://twitter.com/JusticemakersBF; https://www.facebook.com/JMBF23
Copyright © JusticeMakers Bangladesh in France (JMBF), 2023. All rights reserved. No part of this
publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of JusticeMakers
Bangladesh in France (JMBF).
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C ONTENT
CONTENT
04 Secretary General’s Forward
05 Vision, Mission and Values of JMBD
04 Secretary General’s Forward
06 Introduction of JMBD: Readers need to know
05 Our Vision, Mission and Values
07 Over all objectives and Aims of JMBF
06 Introduction of JMBD: Readers need to know
08 Specific Objectives of JMBF
09
07 Introduction
Introduction
07
09 Legal
LegalFramework
Framework
08
10 General
GeneralSituation
Situation
09 Types of Perpetrators
11 Types of Perpetrators
09 Reasons of Violence
12 Reasons of Violence
10 Physical Attacks and Assaults
11 Violence by the Court Officials
13
12
Physical Attacks and Assaults
Violence by the Security Forces
15
12 Violence
Attempt of by the Court Officials
killing
16
14 Violence
Murder by the Security Forces
17
14 FabricatingofCases
Attempt killing
14
19 Misuse
Murder of Digital Security Act
16 Kidnap and Ramson
20 Fabricating Cases
16 Threats and Intimidation against Human Rights Defender
21 Misuse of Digital Security Act
23
17 Kidnap and Ramson
Observation
24
17 Membership Suspension
Causes of Violence against Lawyers
25
18 Threats and of
Consequences Intimidation
Violence against Lawyers
19 Recommendations
27 Observation
27 Causes of Violence against Lawyers
28 Consequences of Violence against Lawyers
28 Recommendations
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SECRETARY GENERAL’S FORWARD
It is a great honor to write this message for the JusticeMakers Bangladesh
in France (JMBF)’s behalf and indeed, to publish this annual report for the
period of January to December 2022. This report summarizes the incident
of violence against lawyers in Bangladesh documented by JusticeMakers
Bangladesh (JMBD) during the mentioned period.
VISION
A country without any form of Human Rights
violation and discrimination. The main spirit covers
three main thematic areas- Rehabilitation, Justice and
Awareness.
MISSION
To ensure human rights throughout the
country through maintaining the legal and
financial rights of the all Bangladesh people.
To serve mankind especially who are victim of
torture, mal treatment and organized violence
as well as other human rights violation
indifferent to race or religion, sex or age.
Enable the government and the non-
government organizations to observe, learn
and understand closely and concretely the
impacts of different legislations on the life and
livelihood of common people.
VALUES
Integrity:
We are a responsible and accountable
organization, committed to the highest standards
of services.
Inclusivity:
We work collaboratively throughout the
organization, govt. and with national and
international partners.
Effectiveness:
We ensure the highest level of utilization of time,
labor and resources.
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JusticeMakers Bangladesh (JMBD) that established in 2010, is a –
Not-for-Profit;
non-partisan and
non-political organization and
non-governmental organization;
that aims to promote, educate, protect, and realize human rights, including civil
and political rights, for all individuals, regardless of their sex, caste, race, or faith.
Established in 2010, JMBD is dedicated to fighting against all forms of
discrimination and impunity, especially those targeting ethnic-Indigenous,
INTRODUCTION OF JMBD: READERS NEED TO KNOW
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JusticeMakers Bangladesh in France (JMBF)
Overall objectives
Aims of JMBF:
i. The aims of JMBF are to defend against all forms of discrimination and
impunity against ethnic-Indigenous, religious (Hindu, Buddhist, Christian,
Ahmedia), social (Dalit), and sexual (lesbian, gay, bisexual, transgender, queer,
intersex+) minority communities, as well as victims of torture, extrajudicial
killing, forced disappearance, and organized violence, including women and
children, by assisting individuals throughout Bangladesh who have little or no
access to human rights resources.
ii. In addition, JMBF aims to extend support to human rights defenders, lawyers,
journalists, bloggers, and artists at risk who are dealing with human rights
violations in Bangladesh.
iii. JMBF also aims to enable access to existing support services for Bangladeshi-
origin asylum seekers, refugees, and immigrants living in France.
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Specific Objectives of JMBF:
The specific objectives of JMBF include, but are not limited to:
I. Upholding the United Nations principles and Universal Declaration of
Human Rights, as well as the European Protocol & Convention of
Human Rights, in Bangladesh.
II. Materializing truth, justice, and complete reparation for serious
violations of human rights of minority people in Bangladesh, through
legal and political actions at the international, national, and local
levels where human rights have been systematically violated.
III. Ensuring physical, legal, and moral support, as well as social and
economic reintegration, to victims of human rights violations against
minority people throughout Bangladesh.
IV. Ensuring education, awareness, training, and dissemination of
information related to global human rights instruments among local-
level professionals to prevent all forms of human rights violations
against minority people.
V. Ensuring access to support from human rights organizations for
victims of human rights violations, which will lead to building up
institutions and human rights defenders at the community level in
Bangladesh.
VI. Sensitizing on specific issues of human rights violations, conducting
lobbying, campaigning, and advocacy activities at the national and
international levels based on research findings on legal and human
rights aspects, to protect and promote human rights in Bangladesh.
VII. Ensuring easy access to support services provided by the Republic of
France for Bangladeshi refugees, asylum seekers, and immigrants
living in France, by disseminating information and establishing a
strong reference mechanism.
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INTRODUCTION:
Violence against lawyers is a serious issue that poses significant challenges to the legal
profession and the rule of law in Bangladesh. As defenders of justice and advocates for
human rights, lawyers play a crucial role in upholding the country's legal system. However,
the incidents of violence against lawyers in 2022 have raised grave concerns, as lawyers
face numerous challenges in carrying out their professional duties. The diverse forms of
violence and the high number of incidents highlight the urgent need for immediate action
from the government, legal authorities, and civil society to protect lawyers and ensure their
safety and security. It is essential to address the root causes of violence, hold the
perpetrators accountable, and create a safe environment for lawyers to carry out their
essential roles in upholding justice and the rule of law.
LEGAL FRAMEWORK:
In Bangladesh, lawyers and advocates are governed by the Bangladesh Legal Practitioners
and Bar Council Order, 1972, the Bangladesh Legal Practitioners and Bar Council Rule,
1972, and the Bangladesh Bar Council Canons of Professional Conduct and Etiquette
adopted in 1969. These regulations provide the framework for the licensing, regulation,
and professional conduct of lawyers in the country.
Under Article 19(2) of the Bar Council Order, an advocate is entitled to practice throughout
Bangladesh and appear, act, and plead before any court, tribunal, or revenue authority in
Bangladesh, subject to the provisions of the Bar Council Order and Rules.
According to Rule 06(1) of the Bar Council Rules, no person can practice as an advocate
unless they are a member of a Bar Association at the place where they ordinarily practice.
This means that an advocate who is not a member of any recognized Bar Association is not
authorized to appear, act, and plead before any court, tribunal, or revenue authority in
Bangladesh.
These regulations and requirements aim to ensure the professional standards and integrity
of lawyers and advocates in Bangladesh, as well as maintain a system where individuals
have the right to legal representation from qualified professionals.
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GENERAL SITUATION:
In 2022, a total of 88 lawyers reportedly became victims of violence in 50 incidents, out of
which 82 were male and 6 were female. Nine lawyers were directly involved with
Bangladesh Nationalist Party (BNP), six were in Bangladesh Awami League (BAL) and res
of the lawyers political involvement was not openly recognized. The forms of violence
ranged from physical attacks, assault, beatings, murder, rape, kidnappings, fabricating
cases, arrests, threats, intimidation, attempts of murder, and judicial
dicial harassment.
Violence
Violence-Wise Incidents
61
16 15
3 4 4 4 3
1
Among the 88 lawyers, 3 were killed, 16 were physically assaulted, 4 were attempted to be
murdered, and 15 lawyers were arrested and put in jail custody. In addition, one lawyer
was kidnappedd,
d, beaten, and forced to pose for nude pictures for ransom, 4 were
suspended from their professional association, one was judicially harassed, one lawyer
received death threats and was intimidated four times, and one was allegedly raped by a
senior lawyer.
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Among them, 21 incidents were perpe
perpetrated in the Dhaka division, 12 in the Rajshahi
division, 9 in the Chittagong division, 3 in the Sylhet division, 2 in the Khulna division, and 1
incident each in theMymensing,
Mymensing,Rangpur and Barishal divisions.
Division
Division-Wise Incidents
50
50
45
40
35
30
25 21
20
12
15 9
10
2 3
5 1 1 1
0
TYPE OF PERPETRATORS:
The perpetrators of violence against lawyers included criminal groups, organized opponent
groups, coworkers, court staff, police, clients, senior lawyers, personal enemies, and others.
The majority of the perpetrators were criminal, coworker and organized opponent groups.
Perpetrator
Perpetrator-Wise Incidents
15
16
14
12 10
9
10 8
8
6 4 4
4
0
Criminal Police Lawyer Court Official Rival Group Others
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Fifteen incidents were perpetrated by criminal groups, and eight incidents were
perpetrated by organized opponent groups. Shockingly, ten incidents were perpetrated by
coworkers,
orkers, with four incidents involving court staff protecting their corrupt practices. Four
incidents were perpetrated by the police, abusing their arbitrary power. Two incidents
were perpetrated by clients, three incidents perpetrated by Islamic extremist group, one by
the victim's husband, one by a senior lawyer and res of by others.
The motivations behind these acts of violence varied and included personal enmity, alleged
violations of religious rules, defamation through social media posts, differing political
opinions, social activities, professional activities, economic benefits, and even dowry-
dowry
related matters.
REASON
REASON-WISE INCIDENTS
18
14
4
3 3
During the reporting period, nine incidents were a result of internal conflicts. Three
incidents involved allegations of violating religious rules and sentiments through social
activities, as well as Facebook and other social media posts. Three incidents were related to
allegations of defamation through Facebook posts, including images of the prime minister
and the Republic
lic of Bangladesh. Eight incidents had political motivations, while four
incidents were rooted in social issues. Eighteen incidents were related to lawyers carrying
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out their professional duties, one incident was related to a dowry issue and rest of the
incidents related to others issues.
These incidents often occur in court premises, police stations, or during legal proceedings.
Lawyers representing unpopular clients or taking up cases involving influential individuals
and powerful groups are particularly vulnerable to such violence. Some lawyers are
subjected to different forms of violence simultaneously.
Physical attacks, assaults, beatings, and attempted murder toward lawyers are the most
common forms of violence in Bangladesh. During the reporting period, 27 lawyers were
physically attacked, 18 lawyers were physically assaulted, 19 lawyers were beaten, and 4
lawyers were the victims of attempted murder.
On 26th January, Advocate Rizvi Shaon, Ashrafuzzaman Prince, and Palban of Pabna
Bar Association were physically attacked and assaulted by a group of criminals. The
incident occurred when the lawyers were trying to rescue a witness who had been
abducted by the criminals near the court premises. The attackers pursued the lawyers,
and at one point, when the lawyers sought shelter inside the municipal gate, the
assailants continued to beat them there as well.
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On August 29th, Advocate NoornaviSardar of the Gazipur Bar Association was
threatened and forcefully taken to the balcony by a group of 8 to 10 individuals,
including the defendant and his lawyer, after completing a hearing against the Mayor of
Gazipur City Corporation in court. They physically assaulted him, resulting in injuries
to the lawyer. The assailants fled the scene when journalists arrived after receiving the
news. Subsequently, the injured lawyer received first aid at ShaheedTajuddin Ahmed
Medical College Hospital.
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VIOLENCE BY THE COURT OFFICIAL:
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VIOLENCEBY THE SECURITY FORCES:
On 17th January, a senior lawyer from the Chadpur Bar Association was brutally beaten by
Sub Inspector Imon Miah of Chadpur Model Police Station in Chadpur town. The incident
occurred while the lawyer was defending an auto driver from abusive interrogation. As a
result, the lawyer had to be admitted to the hospital for treatment. Later, on 24th January,
Sub Inspector Imon Miah of Chadpur Model Police Station filed a case with ChadpurSadar
Model Police Station, accusing the lawyer of beating him and obstructing him from
performing his public duty.
On 7th June, advocate Sohabul Islam Roni and his wife advocate YasinJahanNishan, who are
members of the Dhaka Bar Association, were verbally abused and harassed by a traffic
sergeant near Jurain police box while they were on their way to fulfill their professional
duties. Following the incident, the lawyer couple, along with another lawyer named Yashin
Arafat Bhuiyan, were arrested. Subsequently, a false and harassing case was filed against
them at Shyampur police station. Later, the three lawyers were brought to court after their
arrest in connection with the case. During their time in police custody, Sohabul Islam Roni
was subjected to torture. Despite their application for bail, it was rejected, and instead, they
were remanded for three days at the police's request.
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ATTEMPT OF MURDER:
On 21st January, Advocates Saju Mia and Rashid Miah of Gaibandha Bar Association were
attacked with various sharp weapons while mediating a land dispute in
GobindaganjUpazila. Advocate Saju Mia was grievously injured in the attack. With the help
of locals, they were admitted to the Upazila Health Complex for treatment. However, when
Advocate Saju Mia's physical condition deteriorated, the doctor immediately referred them
to BograShajimek Hospital for better treatment.
On13th March, Mejba Uddin Sharif, a lawyer of the Supreme Court of Bangladesh, was
subjected to a brutal attack with the intent to kill him in Moghbazar, under the jurisdiction
of Hatirjheel police station. The assailant assaulted him by striking him on the head, eyes,
and ears.Following the attack, the lawyer received initial medical treatment at Dhaka
Medical College Hospital with the assistance of a passerby, and subsequently, he filed a
First Information Report (FIR) at Ramna police station to officially report the incident.
On 6th June, Advocate Sohag Fakir, a lawyer from Dhaka Judge Court, was brutally attacked
by terrorists Azizul Fakir, Alam Fakir, and their accomplices who had unlawfully occupied
his land. The attackers had the intent to kill him and used a ramada to strike his head, while
also randomly hitting various parts of his body with an iron rod and a bamboo stick,
resulting in severe injuries. Due to the seriousness of his condition, the victim was
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immediately admitted to GopalganjSadar Hospital for treatment. A First Information
Report (FIR) has been filed at Muksudpur police station regarding the incident.
On July 5th, Arafat Hossain, an apprentice lawyer from the Thakurgaon Bar Association,
was brutally attacked by terrorists, resulting in severe injuries. The incident occurred in
the DogachiIslamiaDakhil Madrasa field in BaliadangiUpazila while he was returning home
to Baliadangi from the lawyer's chamber in the Amtali area of Thakurgaon. Three local
terrorists, namely Saddam, Manik, and Zulfikar, assaulted him using domestic weapons.
Arafat was rescued and immediately taken to Thakurgaon Modern Sadar Hospital for
medical treatment by the people in the vicinity.
On July 15th, Advocate AbulKalam, a member of the Dhaka Bar Association, was subjected
to a life-threatening attack by a group of criminals in retaliation for his involvement in a
criminal case against them. Despite the court issuing warrants for the accused, they
continued to threaten and intimidate him even after being granted bail. Advocate
AbulKalam sought assistance from Savar Model Police Station, but no measures were taken
to ensure his safety. While returning home that day, he was ambushed by 4-5 armed
assailants who viciously stabbed him multiple times, targeting his entire body, including
his head. This left him unconscious until local residents intervened and came to his rescue.
He was immediately rushed to Sir Salimullah Medical College Hospital for urgent medical
attention.
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MURDER:
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FABRICATING CASES:
42 (Forty-two) lawyers were implicated in 19 criminal cases. Among them, four lawyers
were implicated under the heavily criticized Digital Security Act.
On 18th May, RabiulHasan, the Administrative Officer of the Supreme Court Bar, filed a case
with Shahbag Police Station against six pro-BNP lawyers. The charges include vandalism of
the chamber of the secretary of the Supreme Court Bar and physically assaulting other
lawyers. The incident occurred during a fight and scuffle between lawyers supported by the
Awami League and BNP over the occupation of the post of secretary of the Bangladesh
Supreme Court Lawyers Association. The accused individuals in the case are GaziKamrul
Islam Sajal, who is the General Secretary of the Supreme Court Branch of the Bangladesh
Nationalist Lawyers Forum and a member of the BNP National Executive Committee;
NooreAlam Siddiqui Sohag, serving as the Special Secretary; Qayyum and Russell Ahmed,
both holding the position of Joint Secretary; Kamrul Islam, an Executive Member of the
Supreme Court Bar and a member of the Lawyer Forum; and Sagar Hossain, who is the
Information and Research Affairs Secretary.
On 8th December, Mustafa ZamanMizu, a member of Jessore Bar association and an activist
of Bangladesh National Party (BNP), was arrested in front of the BNP central office in
Paltan, Dhaka. He was arrested for giving interviews to news media, including YouTubers.
Mizu was taken into custody and transported to the Paltan police station in a prison van.
Although he claimed to be an advocate and shouted about coming from Jessore to Dhaka,
he was not allowed to speak with the media during the arrest.
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MISUSE OF DIGITAL SECURITY ACT (DSA):
The government of Bangladesh is using the repressive Digital Security Act (DSA) of 2018 to
suppress its citizens, including lawyers, resulting in a severe restriction of freedom of
expression. During the reporting period, five lawyers were falsely implicated under the
DSA, and one of them was arrested and imprisoned.
On 28thFebruary, Badarganj Municipality Ward Councilor Faruk Hossain Madhu filed a case
against Advocate Waliur Rahman Dolon, a lawyer from the Dhaka Judge Court. The charge
against Advocate Dolon was for insulting Prime Minister Sheikh Hasina, her family
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members, and top leaders of the Awami League on Facebook. The case was registered with
the Badarganj Police Station in Rangpur under the Digital Security Act. According to the
police and case sources, Waliur Rahman Dolon made a Facebook post mocking the long
queue of people waiting to buy TCB products. In the post, he wrote that Prime Minister
Sheikh Hasina, Sheikh Rehana, SajibWazed Joy, SaimaWazedPutul, Khaleda Zia, Tarek Zia,
and GM Quader should run behind the truck to get TCB products. Badarganj Municipality
Ward Councilor Faruk Hossain Madhu was offended by the post and filed the case as the
plaintiff, invoking the Digital Security Act.
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reputation of the college but also caused harm to the image of the teachers and their
families.
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MEMBERSHIP SUSPENSION:
On March 28th, Advocate HasnaHena, former Culture Affairs Secretary in the Chittagong
District Lawyers Association, was expelled for life from the association. This decision was
made during a meeting of the association in response to her sarcastic remarks about the
association and offensive comments about lawyers that were posted on Facebook. Several
lawyers had lodged complaints against HasnaHena, accusing her of posting defamatory
content and exhibiting disrespectful behavior towards lawyers on social media platforms.
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THREATS AND INTIMIDATION TOWARDS THE SECRETARY GENERAL OF JMBD – THE HUMAN
RIGHTS LAWYER:
Shahanur Islam, a prominent human rights lawyer and founder secretary general of
JusticeMakers Bangladesh, has been subjected to repeated threats and intimidation during
the reporting period.
On 14 February 2022, the Public Prosecutor in the presence of the
President of the Bangladesh Student League of the Naogaon district
branch and union president of Jubo League, reminded Mr. Islam
about the enforced disappearance of political a party leader and
asked Mr. Islam not to file any case against the land acquisition. On
the same day a member of the ruling party’s student league' from
Naogaon district issued death threats against a journalist and Mr.
Islam by mobile phone, specifically threatening Mr. Islam if he filed
a pro-bono case against a land acquisition in Naogaon Court.
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On October 6, 2022, Shahanur Islam and his transgender cousin, Saidul Islam, were forcibly
detained by a group of individuals in Kolabazar, Naogaon district. They were threatened
with death if Shahanur did not withdraw the cases against Jahurul Islam and the
individuals who had physically assaulted him at the Naogaon district court premises in
2020.
On August 26th, 2020, advocate Shahanur Islam was seriously attacked in a court premises
by the son of the opposing party and a group of criminals. He sustained severe head
injuries, including a bloody injury under his left eye and on the frontal side of his head.
Fellow lawyers who witnessed the assault rescued Shahanur and promptly took him to a
hospital for initial treatment. The attack occurred during a court hearing where Shahanur
was involved in a case against Jahurul Islam, a political leader and member of the Parishad
District, who was accused of forging court documents. Shahanur subsequently filed a
criminal case against the attackers, but to date, no convictions have been secured.
Furthermore, the accused individuals have resorted to intimidation tactics in an effort to
force Shahanur to withdraw the case.
On February 14th, 2018, the Magistrate Court of Naogaon issued an arrest warrant against
Advocate Shahanur Islam and two of his family members. The warrant was a response to a
false and fabricated case filed against them by a member of the District Parishad in
Naogaon, who is also an influential local Islamic political leader. The charges against
Shahanur arose from his active advocacy against discrimination based on sexual
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orientation in Bangladesh. His efforts included providing legal support, as well as writing
articles on various online news media platforms, Facebook, and blog posts. The case is
currently ongoing and under trial.
OBSERVATIONS:
One of the major concerns is the prevailing culture of impunity, where perpetrators of
violence against lawyers often go unpunished. This lack of accountability discourages
lawyers from pursuing legal action and creates an environment of fear and vulnerability.
Additionally, inadequate protection measures and insufficient security arrangements in
courtrooms contribute to the risks faced by lawyers.
POLITICAL INTERFERENCE:
Political interference in the legal system in Bangladesh also contributes to violence against
lawyers. Lawyers associated with opposition parties or those challenging the government's
policies are often targeted, leading to an erosion of the independence of the legal
profession in Bangladesh.
The prevailing culture of impunity and the slow judicial process in Bangladesh contribute
to the perpetuation of violence against lawyers. When perpetrators are not held
accountable, it emboldens others to engage in similar acts.
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POLITICAL MOTIVATIONS:
Political rivalries and animosities often spill over into the legal profession in Bangladesh,
leading to violence against lawyers associated with opposition parties or those critical of
the government. The politicization of the legal system further exacerbates the issue.
IMPEDIMENT TO JUSTICE:
Violence against lawyers hampers the pursuit of justice and the fair representation of
clients in Bangladesh. It creates an atmosphere of fear, making lawyers reluctant to take on
cases that challenge powerful individuals or institutions in Bangladesh. This ultimately
undermines the principles of justice and the rule of law.
Frequent incidents of violence against lawyers in Bangladesh erode public trust in the legal
system. People of Bangladeshusually hesitate to seek legal remedies as they perceive
lawyers to be vulnerable and unprotected, leading to a loss of faith in the judiciary.
Continuous violence against lawyers in Bangladesh adversely affects the legal profession as
a whole. It discourages talented individuals from pursuing a legal career and undermines
the professional development and growth of lawyers, as they are forced to prioritize
personal safety over their duties in Bangladesh.
RECOMMENDATIONS:
The government of Bangladesh should take immediate measures to enhance the security of
lawyers by establishing a comprehensive legal protection framework. This includes
enacting protection of lawyers act, providing security personnel at court premises,
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establishing secure transportation for lawyers, and ensuring swift investigation and
prosecution of perpetrators.
ENSURE ACCOUNTABILITY:
Bangladeshi authorities must ensure that those responsible for violence against lawyers
are held accountable. This requires unbiased and transparent investigations, speedy trials,
and appropriate punishments for the perpetrators. Creating special tribunals or dedicated
units to address violence against lawyers could help expedite the legal process.
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