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Report on

VIOLENCE AGAINST LAWYERS IN BANGLADESH 2022

JusticeMakers Bangladesh (JMBD)


www.justicemakersbt.blogspot.com; https://twitter.com/JusticemakersBD
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Report on
VIOLENCE AGAINST LAWYERS IN BANGLADESH 2022

Edited by:
Advocate Shahanur Islam
Founder Secretary General
JusticeMakers Bangladesh (JMBD)
&
Founder President
JusticeMakers Bangladesh in France (JMBF)

Published at & on:


Paris, France
August 2023

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.

This report, prepared by JusticeMakers Bangladesh in France in


August 2023 and published from France provides an in-depthin analysis of
the violence against lawyers that occurred in Bangladesh in 2022. It aims to
draw attention to the alarming situation of violence against
again lawyers in the
country and highlights the forms of violence that lawyers have faced, such
as physical attacks, assault, beatings, murder, rape, kidnappings, fabricating
cases, arrests, threats, intimidation, attempted murder, and judicial
harassment. ThThe report also discusses gender-based
based differences in the
violence faced by male and female lawyers.

This report is unique as no other organization in Bangladesh or


elsewhere has previously published a comprehensive report on this topic
for Bangladesh.
Bangladesh.The report provides detailed information on the incidents of
violence against lawyers, including the number of lawyers affected, the
nature of the violence, and the consequences of the violence. It also
examines the legal and institutional framework for the protection
pr of
lawyers in Bangladesh and the challenges faced in implementing these
mechanisms.

JusticeMakers Bangladesh in France (JMBFF) hopes that this report


will raise awareness about the issue of violence against lawyers in
Bangladesh and encourage stak
stakeholders
eholders to take necessary action to protect
the rights of lawyers and ensure their safety. This report is based on
available data and may not represent the complete picture of violence
against lawyers in Bangladesh in 2022. Further investigations and studies
stud
are necessary to gain a comprehensive understanding of the issue. I would
like to express my gratitude to all of its development partners and the
government of Bangladesh involved in the results highlighted within the
reports.

I wish every success of JusticeMakers Bangladesh in France (JMBF)


in the coming years!

Paris, France Advocate Shahanur Islam


August 2023 Founder President
Email: saikotbihr@gmail.com
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www.shahanur.blogspot.com
JusticeMakers Bangladesh (JMBD)

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

religious, social, and sexual minority communities. The organization also


provides assistance to victims of torture, extrajudicial killing, forced
disappearance, and organized violence, particularly women and children, who
have limited access to human rights resources in Bangladesh.

Moreover, JMBD supports human rights defenders, including lawyers, journalists,


bloggers, and artists, who face risks while addressing human rights violations in
Bangladesh. The organization acknowledges the importance of empowering
these individuals in their efforts to uphold human rights principles and hold
perpetrators accountable.

One of JMBD's activities is operating a documentation center that systematically


collects data on human rights abuses from various sources, including
newspapers, online publications, news websites, and its network members. The
collected information, including incidents of violence against lawyers and
advocates in Bangladesh, is stored in a computer database at the library of
JusticeMakers Bangladesh (JMBD) and archived in safer place.

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JusticeMakers Bangladesh in France (JMBF)

JusticeMakers Bangladesh in France (JMBF) is an independent non-profit, non partisan


human rights organization registered in France with registration number W931027714
under the association law of 1901, dedicated to defending human rights, fighting for justice,
and empowering communities in Bangladesh and beyond.

Overall objectives

The overall objective of "JusticeMaker Bangladesh in France (JMBF)" is to


contribute to the defense, promotion, education, protection, and realization of
human rights, including civil and political rights, regardless of sex, caste, race, and
faith.

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.

Furthermore, 61 lawyers were implicated in 23 fabricated criminal cases, while 5 were


implicated in the Draconian Digital Security Act for criticizing the present activities of the
prime minister and her family members, as well as the Prophet of Islam, Muhammad
M
through Facebook and social media post
post.

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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.

 REASONS FOR VIOLENCE:

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

Personal Religious Political Rivalry Social Activity Professsional Others


Enymity Intolarence Activity

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 AND ASSAULTS:

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.

On September 27th, Adv. SamsuzzamanZaman of the Sylhet Bar Association was


attacked with intent to murder at the Sylhet Metropolitan Sessions Court building.
After opposing a defendant's bail application, he was threatened and assaulted by 2-3
unidentified individuals, including the main accused in the case, Kamal Ahmed.
Fortunately, he was rescued by other people present, and the accused was
apprehended and handed over to the court police.

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 VIOLENCE BY THE COURT OFFICIAL:

On 13th January, Thursday, lawyer AbulKalam of Sirajganj Bar Association was


physically attacked and assaulted by terrorists in his court chambers. The attack was
instigated by Judicial Magistrate's Court stenographer Yusuf Ali after Lawyer
AbulKalam refused to pay an additional bribe to him. Later, on 16th Sunday night,
Yusuf Ali, the stenographer of the Judicial Magistrate's Court, filed a case accusing 11
lawyers of assaulting him in the courtroom on Thursday afternoon

On November 3rd, Advocate Md. ManzoorAlam, a member of the Chittagong Bar


Association and Southern University Law Alumni Association, was attacked by
employees, including bench assistants, at the Chittagong 1st Joint District and Sessions
Judge Court. Advocate Md. ManzoorAlam, who sustained injuries in the attack, filed a
complaint with the District Lawyers Association regarding the incident. According to
the complaint, on November 3rd at around 4 pm, an argument ensued between the
accused and the lawyer after they examined the case documents and cause list.
Subsequently, the lawyer was physically assaulted. Following the attack, the lawyer
sought medical treatment at Chittagong Medical University Hospital.

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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:

On 7th July, HafizulHaque Chowdhury Ujjal, an


apprentice lawyer, was brutally murdered in
MadanUpazila of Netrokona. The incident took
place in Chalakanda
da village of Fatepur Union in the
Upazila. Hafizul had completed his law studies at
Chittagong Islamic University and was working as
an apprentice lawyer at Mymensingh Judge Court.
According to the police and local sources, a
longstanding dispute over ter territorial control
existed between EmdadulHaque Chowdhury's
family, who is the father of the deceased, and
Farooq Mia, a former Union Parishad (UP)
member in the neighboring area. Clashes had
previously occurred in relation to this dispute. On
the day of the incident, Hafizul, the son of
EmdadulHaque, was found alone in front of
Farooq Mia's house by individuals affiliated with
Farooq Mia. They attacked him with a sharp weapon, causing fatal injuries. Local residents
rushed Hafizul to MadanUpazila Health Comp Complex
lex upon hearing his screams, but he was
pronounced dead by the doctors
doctors.

On November 5th, Abdul Bari Chan, an apprentice


lawyer of Bogura Judge Court, passed away in a hospital
in BoguraSadarupazila. He had been stabbed on
November 1st following a property-related
related dispute. The
attack took place near his home in ChakFarid area, and
it was allegedly carried out by locals who had an
ongoing conflict with him regarding property matters.
Local residents and his relatives immediately rushed
him to ShaheedZiaur
Ziaur Rahman Medical College.
Subsequently, his wife Runa Mahmud filed a case
against five identified individuals and five to seven
unidentified persons at BoguraSadar Police Station.
Station

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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 10th January, SatkaniaUpazilaAwami League Joint General


Secretary HussainKabir filed a case against Advocate Md. Kamal
Uddin of Chittagong Bar Association. The charge against Advocate
Kamal Uddin was spreading false propaganda on social media,
specifically on Facebook, alleging nomination trading against
Chittagong South District Awami League President Moshlem
Uddin Ahmad MP. The case was filed under Sections 23, 25, 29,
and 31 of the Digital Security Act. Chittagong Cyber Tribunal
Judge SKM TofailHasan accepted the case and ordered the Police
Bureau of Investigation (PBI) to conduct an investigation and
submit a report.

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.

On March 3rd, Advocate ShahnewazHasan, a member of the


Faridpur Bar Association, was arrested by the police in
Faridpur, Bangladesh. He was charged with insulting
Bangabandhu Sheikh Mujibur Rahman, the father of the
nation, as well as Prime Minister Sheikh Hasina, Sheikh
Rehana, and MP Mojibur Rahman Chowdhury (Nixon) on
Facebook. The arrest was made under the Digital Security Act,
as Shahnewaz was accused of committing an anti-state offense
by making obscene comments about the mentioned
individuals.The offensive comments were posted on Facebook
using the profile 'A1 News', where cartoons or caricatures
with pictures of the family members of Bangabandhu Sheikh Mujibur Rahman were shared.
The posts contained various obscene remarks about them. Shahnewaz, using his own
Facebook account, shared the post in question. Mehdi HasanChandan, an employee of MP
Nixon, filed a case against Shahnewaz at Bhanga police station as the plaintiff.

On 15th March, Advocate GolamKibria Tariq Talukdar, a member


of the Bagerhat Bar Association, was arrested by Morolganj Police
from Morelganj market. The arrest was made in connection with a
case filed under the Digital Security Act at Morelganj Police
Station in Bagerhat. The case was initiated by Professor Nitish
Biswas, the Principal of Morelganj Government Siraj Uddin
Memorial College. Advocate GolamKibria Tariq is charged with
posting defamatory and derogatory content on Facebook,
specifically targeting Principal Nitish Biswas, his family, teachers,
and staff members. These posts have not only tarnished the

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reputation of the college but also caused harm to the image of the teachers and their
families.

On July 17th, a case was filed by Gazi Mod Mohasin against


Advocate Saifur Reza, a lawyer of the Supreme Court of
Bangladesh, with the cyber tribunal in Dhaka. The case
was filed based on the accusation of insulting the Prophet
Muhammad, the founder of Islam, through his Facebook
posts. These posts contained derogatory comments about
the Holy Prophet (PBUH), which have deeply hurt the
religious sentiments of Muslims. The case has been filed
under Sections 28(1) and 28(2) of the Digital Security Act-
2018. Following the filing of the case, the cyber tribunal
judge in Dhaka, Assam Jaglul Hossain, has ordered an
investigation to be conducted by the Criminal Investigation Department (CID) of the police.

 KIDNAP AND RANSOM:

On 20th November night, Md. HumayunKabirBachchu Vice


President of Barguna District Lawyers Association was
kidnapped by miscreants who tricked him into taking
obscene pictures of a woman and demanded ransom. As
the lawyer was on his way home, someone approached him
with a request to make a case for his sick sister and took
him to a four-story building near Barguna Stadium, where
he was beaten and forced to take obscene pictures with a
woman. The miscreants then demanded Tk 10 lakh from
the lawyer's wife and threatened to kill him if they didn't
receive the money. An hour later, Barguna detective police
rescued the lawyer in a bloody state and admitted him to
Barguna General Hospital.

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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.

On July 15th, Advocate Saifur Reza, a lawyer of the Supreme


Court of Bangladesh, had his membership suspended from the
Supreme Court Bar Association. This action was taken due to
his posting of an insulting status on Facebook against Prophet
Muhammad, the founder of Islam. Allegedly, the posts
contained derogatory comments about the Holy Prophet,
causing significant offense to the religious sentiments of
Muslims. The decision to suspend Advocate Saifur Reza's
membership was made by the Supreme Court Bar Association
committee, which is led by the ruling party, following a brief
meeting.

On October 18th, Advocate Mahbubul Islam, a member of the


Manikganj Bar Association, was suspended for 15 days by
the association. This action was taken in response to his
protest against corruption among court staff. Advocate
Mahbubul had distributed leaflets with the slogan 'Bribery,
corruption, and justice do not go together' and organized a
human chain in front of the lawyers' association along with
his associates on October 10th. In light of these activities, the
Manikganj District Lawyers' Association issued a notice on
October 18th, instructing Mahbubul to refrain from practicing law for 15 working days and
also issuing a show cause notice. Expressing his disagreement with the association's
decision, Mahbubul stated, "Begging is better than bribery." The association's complaint
against Mahbubul revolves around the accusation that he created a division between the
Manikganj bar and the bench by organizing the human chain in front of the association.

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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.

On 25th August 2022 Shahanur Islam, a prominent human


rights lawyer and founder secretary general of JusticeMakers
Bangladesh received threats message in English language
over his phone from an unidentified number. The message
states that if you don’t stop fighting aims to establishment of
homosexual rights in BD, immediately you will be killed along
with your family members brutally.

On 6th September 2022 Shahanur Islam


received another death threats SMS in
Bengali over his mobile phone from an
unidentified number. The threatening
message states that do you have no fear of
death? This county is only for Islam. There is no space for homosexual
people in this country. If you don’t stop to support homosexual people
and continue your activities to establish rights of them, we ‘ii not take
time to send you in to the hell along with your wife and kid. Still there is
time, be well!”

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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:

 IMPUNITY AND INADEQUATE PROTECTION:

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.

CAUSES OF VIOLENCE AGAINST LAWYERS:

 CLIENTELE AND CASES:

Lawyers representing clients involved in sensitive cases or cases against influential


individuals or groups become targets of violence in Bangladesh. In addition, some lawyers
take up cases involving human rights violations, corruption, land disputes, or political
matters, exposing themselves to risks in Bangladesh.

 IMPUNITY AND WEAK JUDICIAL SYSTEM:

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.

CONSEQUENCES OF VIOLENCE AGAINST LAWYERS:

 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.

 EROSION OF PUBLIC CONFIDENCE:

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.

 NEGATIVE IMPACT ON THE LEGAL PROFESSION:

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:

 STRENGTHEN LEGAL PROTECTION:

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.

JusticeMakers Bangladesh in France (JMBF) is an independent non-profit, non partisan


human rights organization registered in France with registration number W931027714
under the association law of 1901, dedicated to defending human rights, fighting for social
justice, and empowering communities in Bangladesh and beyond.

107 Rue Galleini 93000 Bobigny France


Email: contact.jmbf@gmail.com; justicemakersbf@gmail.com
https://twitter.com/JusticemakersBF; https://www.facebook.com/JMBF23

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