UN makes 41 recommendations, including prosecution of those involved in July massacre
Last Updated on February 13, 2025 6:56 am
The United Nations has made 41 recommendations, including ensuring accountability in light of existing laws and international standards for those who ordered and led the indiscriminate killings of students and the public during the July movement. At the same time, it has been asked to remove those among the police, intelligence agency members, BGB, Ansar-VDP and commissioned officers of the armed forces who are found to be involved in human rights violations and corruption in an independent investigation. It has recommended limiting the activities and powers of the military intelligence agency DGFI. This recommendation has been made in the report of the fact-finding team of the United Nations High Commission for Human Rights. The report, prepared on human rights violations in Bangladesh from July 1 to August 15, 2024, was released on Wednesday.
The report recommends disbanding RAB due to human rights violations and returning RAB members who are not involved in serious human rights violations to their respective units. The report also mentions that officers serving in RAB, DGFI, Dhaka Metropolitan Police Intelligence Branch and BGB Battalion and those involved in human rights violations in 2024 will not be able to go to the UN peacekeeping mission.
It emphasizes on ensuring justice and accountability as well as comprehensive reforms in the security and judicial system. It calls for inclusive dialogue to build a model judicial system. It recommends ensuring a safe and supportive environment for free and genuine elections. It calls for confiscation of assets acquired through loan embezzlement and corruption to establish economic good governance, and strict and equal enforcement of the law against corruption. It also recommends not banning political parties, ensuring freedom of expression, and ensuring that Awami League supporters, minority leaders, human rights activists, citizens or those expressing political dissent are not subjected to unnecessary harassment. The report has made a total of 41 recommendations in the areas of accountability and justice, police and security, civil space, political system and economic good governance.
The report begins its recommendations by saying that many of those seriously injured in the July protests told the UN delegation that they risked their lives for real change in the country and for freedom, equality and fair opportunities for all citizens of Bangladesh. They also told the UN that comprehensive reforms are needed to ensure that such situations do not repeat themselves in the future. The report emphasizes comprehensive reforms of the security and judicial systems, in addition to ensuring justice and accountability. The government is asked to repeal oppressive laws and organize institutions in a way that allows for the resolution of stifling situations and the expression of dissent. It also calls for comprehensive changes in Bangladesh’s political and economic governance and strengthening of institutional systems.
Accountability and the judiciary: The recommendations say to ensure effective, transparent, impartial and integrated processes for the investigation and prosecution of extrajudicial killings, torture, abuse of the law, enforced disappearances and sexual and gender-based violence; ensure accountability in light of existing laws and international standards for those identified as perpetrators of such crimes. At the same time, provide effective remedies and compensation for those affected by the July Movement.
It has been said that the government orders and other internal documents and forensic evidence used to suppress the July movement should be preserved on a priority basis. Those who have tried to hide and destroy or have destroyed such evidence should be brought to justice under criminal law. It has been said that the long-pending legal enactment on witness protection and the establishment of victim and witness protection programs should be prioritized. It has been said that the immunity provided in Section 132 of the Criminal Procedure Code and other similar laws should be abolished and the path to investigation and prosecution of government officials should be opened.
Regarding the independence of the judiciary, it has been said that ensure the independence and impartiality of the judiciary at the institutional and individual levels in law and in practice. Establish a responsible and independent system for the appointment, dismissal, removal and disciplinary action of judges, so that judges are protected from unexpected or unwanted interference, including politically motivated interference, corruption, intimidation and harassment. Ensure adequate remuneration for judges and ensure that there is no retirement situation until the end of the judges’ term of service. Suspend the provision of the death penalty in the International Criminal Tribunal.
Police and Security Department: It has been recommended to amend the police regulations. It has been said that the law enforcement agencies should not be given deadly weapons. It has been recommended to stop the practice of mass lynching and mass arrests. It has been recommended to issue mandatory orders to ensure the full implementation of the Torture and Custodial Deaths (Prohibition) Act. It has been said that a National Police Commission comprising the government, opposition parties and independent members, including civil society, should be formed under its leadership to initiate a fair, transparent and merit-based police recruitment, promotion, transfer and removal process. Abolish the Rapid Action Battalion and return personnel not involved in serious violations to their respective units. Limit the work of Border Guard Bangladesh to border control issues and DGFI to military intelligence activities.
Civil liberties: The recommendation further states, repeal the Cyber Security Act-2023, the Official Secrets Act, the Prevention of Terrorism Act, various provisions of the Penal Code including criminal defamation. Ensure proper judicial oversight in the exercise of power and authority by law enforcement agencies. Withdraw pending criminal cases filed against journalists, lawyers, trade unionists, civil society activists and other human rights defenders for exercising their rights protected by international human rights law, including freedom of expression and peaceful assembly. Ensure that journalists, Awami League supporters, minority leaders, human rights activists and others expressing political dissent are not subjected to arbitrary arrest, unsubstantiated criminal charges or other forms of intimidation. Take steps to effectively protect them against retaliatory violence.
Political system: Ensure a safe and supportive environment for free and genuine elections, with respect for fundamental freedoms. Re-establish equal opportunities for all parties and candidates participating in elections, especially in the pre-election period. Strengthen the capacity of institutions that monitor elections, thereby balancing the influence of political parties in governance. Initiate a comprehensive discussion on improving the internal governance of political parties that respects human rights principles. Refrain from banning political parties.
Economic Governance: The recommendations on establishing economic governance state, “Enforce existing laws to seize assets acquired from loan embezzlement and other large-scale corruption schemes. Ensure that anti-corruption laws are strictly and uniformly enforced. Prosecute those involved in corruption, especially high-level officials, politicians, and influential businessmen. Ensure the independence of the members of the Anti-Corruption Commission and increase its independence and effectiveness by increasing the number of adequate legal staff. Strengthen relevant institutions for public finance management. Take urgent legal and administrative action against business alliances and those controlling the communal economy. Improve workers’ rights by amending labor laws.”