Bangladesh's human rights situation remains unchanged in 2023: State Dept

There were no substantial improvements noted in the human rights situation in Bangladesh during the year 2023 as a range of concerning issues persisted across various domains, according to the Human Rights Report (HRR) of the US State Department.

The annual country reports on Human Rights Practices, published yesterday (22 April), reached this conclusion while highlighting numerous reports of widespread impunity for human rights abuses within Bangladesh's human rights landscape in 2023.

"In most cases, the government did not take credible steps to identify and punish officials or security force members who may have committed human rights abuses," the report said.

Among the significant human rights concerns outlined in the report were instances of arbitrary or unlawful killings, including extrajudicial executions, enforced disappearances, and reports of torture or cruel treatment by government authorities.

It was observed that law enforcement raids occurred throughout the year, allegedly to counter terrorist activity, drugs, and illegal firearms, which led to suspicious deaths during some raids, arrests, and other law enforcement operations.

As per the report, the government or its agents committed arbitrary or unlawful killings, but no official statistics on total killings by security personnel or transparent measures to investigate cases were adopted by the concerned authorities

Nevertheless, there was a decrease in the number of extrajudicial killings compared to the previous year.

Regarding the reports of disappearances by or on behalf of government authorities, it was noted that the government made limited efforts to prevent, investigate, or punish such acts.

The State Department documented harsh and life-threatening conditions in prisons, arbitrary arrests and detentions, and serious challenges to the independence of the judiciary.

Throughout the year, reports of arbitrary arrests, often linked to political activities or dissent, continued to be a prevalent issue, with detainees frequently held without due process or access to legal representation.

"The constitution prohibited arbitrary arrest and detention, but the law permitted authorities to arrest and detain an individual without an order from a magistrate or a warrant if authorities perceived the individual might constitute a threat to security and public order, or if authorities perceived the individual was involved with a serious crime. The constitution provided for the right of any person to challenge the lawfulness of their arrest or detention in court, but the government did not generally observe these requirements.

"Police continued to arbitrarily arrest members of opposition political parties in conjunction with political demonstrations or speech, or as part of security force responses to alleged terrorist activity. Authorities often held detainees for a few days without divulging their whereabouts or circumstances to family or legal counsel, or without acknowledging having arrested them," reads the report.

Additionally, the report underscored the ongoing challenges in combating torture and other forms of abuse, despite legal prohibitions against such practices.

"The law allowed a magistrate to place a suspect in interrogative custody, known as remand, during which questioning of the suspect could take place without a lawyer present. Human rights organizations alleged many instances of torture occurred during remand. Some victims who filed cases under the Torture and Custodial (Prevention) Act were reportedly harassed and threatened, while some withdrew their cases due to fear of reprisal," said the report.

Despite constitutional provisions for an independent judiciary, concerns persisted regarding the compromised independence of the judicial system in Bangladesh.

The report claimed that the government generally did not respect judicial independence and impartiality.

Corruption and political interference allegedly often undermined the impartiality of the courts. Lower courts, in particular, are alleged to be susceptible to influence from political patronage networks, especially in cases involving opposition party supporters.

There were claims that judges who rule against the government risk being transferred to different jurisdictions. Besides, instances of bribery among attorneys and court officials were reported, influencing decisions in criminal cases.

Furthermore, corruption and a backlog of cases contribute to significant challenges within the court system, leading to extended continuances and delays in trials.

"In some cases, defendants remained in custody during trial for longer than the maximum sentence of the crime for which they were charged. Media reported in June over 500,000 cases were pending with the High Court alone, with around 90,000 new cases filed every year. According to the Supreme Court Annual Report, the High Court disposed of 690 pending cases annually on average since 2018," the report added.

Moreover, access to legal representation was cited as an issue, with defendants often unable to afford attorneys or navigate the complexities of legal aid services.

Widespread impunity for human rights abuses was also noted, with the government failing to take credible steps to identify and punish officials or security forces implicated in such violations.

The report also pointed to restrictions on freedom of expression and media freedom, citing incidents of violence against journalists, unjustified arrests, censorship, and the enforcement of criminal libel laws to stifle dissenting voices.

Internet freedom was also noted to be under significant constraint, along with limitations on the freedom of peaceful assembly and association.

It was said that international law enforcement tools were misused for politically motivated purposes, with attempts to target specific individuals labelled as "cyber terrorists" or accused of spreading anti-government propaganda.

The government of Bangladesh, in the report, was accused of employing transnational repression tactics to intimidate or retaliate against individuals beyond its borders, particularly members of diaspora populations critical of the regime.

It highlighted instances of threats, harassment, surveillance, and coercion targeting human rights defenders, civil society leaders, and journalists residing abroad. In some cases, family members of critics within the country are said to have faced intimidation as a means to silence dissent.

Reportedly, bilateral pressure tactics were employed to coerce foreign governments into taking adverse actions against individuals critical of the Bangladeshi government. Such actions raise concerns about the extraterritorial reach of repression and its impact on freedom of expression and association among the diaspora community.

As mandated by Congress, the United States Department of State annually produces comprehensive assessments of human rights conditions worldwide. Since 1977, dedicated public servants in US missions abroad and in Washington meticulously examine, track, and document the state of human rights in nearly 200 countries and territories. These reports, known as the "Country Reports on Human Rights Practices" (HRR), serve as vital resources derived from a variety of credible, fact-based sources, including government agencies, nongovernmental organizations, and media outlets.