Interim government issues ordinance protecting July Uprising activists

Inquiry into killings during the Uprising has been entrusted to the National Human Rights Commission

The interim government has issued an ordinance granting legal protection to participants of the July Uprising, stipulating the withdrawal of all cases against them.

The “July Mass Uprising (Protection and Liability Determination) Ordinance”, issued on Monday, assigns the National Human Rights Commission (NHRC) the responsibility to investigate allegations of murder against participants.

According to UN reports, the student-led mass uprising against the then Awami League government in July–August 2024 reportedly left nearly 1,400 people dead amid widespread violence.

During the protests and in the aftermath of the government’s fall, law-enforcing officials faced attacks, while government offices suffered vandalism and arson.

The government records show 44 police personnel were killed during unrest spanning from the quota reform movement to the protests that toppled the Sheikh Hasina administration.

While the interim government investigates abuses by law enforcement during the Uprising, participants had long demanded immunity.

It states, “All civil or criminal cases, complaints, or proceedings filed against participants in the July Uprising shall be withdrawn pursuant to sub-section (2), and no new cases shall be filed against them under Section 5.”

Sub-section 2 clarifies the procedure: “If the government certifies that any case, complaint, or proceeding was filed against a participant due to their involvement in the July Uprising, the public prosecutor or government lawyer shall submit the certification to the relevant court.

“Upon submission, the court shall take no further action, and the suspect shall be immediately released or acquitted.”

For allegations of murder, the NHRC is tasked with investigation: “If a complaint alleges that a participant committed murder during the July Uprising, it shall be submitted to the commission, which shall arrange an investigation.

“However, no current or former official of any institution or force shall be assigned to investigate such cases without prior approval.”

The ordinance defines “institution or force” as any body established by Bangladeshi law.

If the NHRC finds criminal misuse during chaotic events, it shall report to the competent court, which will treat the report as equivalent to a police report for further action.

Killings deemed part of political resistance, however, are not subject to prosecution; instead, the government may provide compensation to affected families.

“Political resistance” is defined as actions undertaken to restore democratic governance by toppling a fascist ruler.

“Criminal misuse during chaotic situations” refers to murders committed for narrow personal interests, not political resistance.

The ordinance stresses the necessity of protection: “As the student and mass uprising in July–August 2024 aimed to overthrow a ‘fascist’ ruler and restore democracy, human rights, and the rule of law, participants are entitled to protection under Article 46 of the Constitution.

“During the Uprising, defensive and necessary measures were taken to counter state-directed killings and armed attacks, ensuring public order.”

The ordinance takes effect immediately and is retroactively valid from Jul 1, 2024.