CLA, LAWASIA flag alleged political exclusion, intimidation in Bangladesh bar polls

A joint statement urges authorities to review allegedly politically motivated cases and uphold the independence of the legal profession

The Commonwealth Lawyers Association (CLA) and LAWASIA have expressed “immense concern” over repeated reports of interference in the bar elections of the Supreme Court Bar Association (SCBA) of Bangladesh.

In a joint statement, the two organisations called on the government, the SCBA, the Bangladesh Bar Council and other authorities to ensure that bar association elections are conducted freely, fairly and in accordance with the relevant constitutions and rules.

The SCBA announced the nomination period for its elections between Apr 19 and Apr 28.

The organisations said several qualified lawyers were allegedly denied nomination despite meeting constitutional requirements.

They said the nominations were reportedly rejected without hearings, written explanations or formal decisions, leaving affected candidates with no avenue to appeal.

The CLA and LAWASIA also said they had received reports that some lawyers were denied nominations because of their alleged political affiliations, with some applications reportedly rejected on grounds that the candidates were labelled as “collaborators of fascists”.

The statement referred to media reports claiming that about 200 lawyers linked to a political party whose activities are currently banned under the Anti-Terrorism Act have been unable to participate in at least 13 bar association elections since January.

The two organisations also said they had received reports that former Supreme Court judges and practising lawyers had been named in multiple criminal cases involving serious allegations.

Some of those cases are alleged to be fictitious, while affected individuals have reportedly faced threats and intimidation, according to the statement.

The organisations recalled the United Nations Basic Principles on the Role of Lawyers, adopted in 1990, which say lawyers must be able to perform their professional duties without harassment, intimidation or improper interference.

The principles also recognise lawyers’ rights to freedom of expression, association and participation in public discussion on legal and human rights issues, while allowing them to form self-governing professional bodies free from external interference.

The CLA and LAWASIA have set out a series of recommendations calling for safeguards to ensure the independence of the legal profession and the integrity of bar association elections in Bangladesh.

They are:

• Ensure the immediate cessation of any interference in the elections of the Supreme Court Bar Association of Bangladesh and all other bar associations across the country, and guarantee that all elections are conducted freely, fairly and in strict accordance with the applicable constitutions and rules of each association.
• Ensure that all qualified lawyers are permitted to stand for election to bar association offices without discrimination on the basis of political affiliation, past association, or any other ground not recognised under the applicable constitutional requirements of the relevant bar association.
• Ensure that any rejection of nomination papers is carried out in strict conformity with the applicable rules, with written reasons provided to the affected candidate and a clear and accessible avenue of appeal made available.
• Immediately review all criminal cases filed against former judges of the Honourable Supreme Court of Bangladesh and practising lawyers which are alleged to be fictitious and politically motivated, and ensure that no individual is subjected to criminal prosecution as a means of intimidation, harassment or the suppression of legitimate professional activity.
• Reaffirm their commitment to the independence of the legal profession as a cornerstone of the rule of law, access to justice and the protection of human rights in Bangladesh.
• Reaffirming their commitment to the independence of the legal profession as a cornerstone of the rule of law, access to justice, and human rights protection, the CLA and LAWASIA promised to continue monitoring the situation “closely” while calling upon the international legal community to lend its voice to these concerns.