A home ministry directive blocking investigations and trials into the violent attacks and killings by pro-uprising revolutionaries last year undermines the rule of law and denies victims their right to seek justice.
Constitutional and legal experts have questioned the validity of the directive, issued in a press statement. According to them, the ministry has no authority to issue such a statement without any law or ordinance, calling it “a violation of citizens’ rights and contrary to the constitution.”
The constitution grants the right to seek and obtain justice for affected individuals. However, the “immunity” has closed the path to redress and justice, they said, arguing that immunities issued through ordinances in the past have been declared null and void as extra-constitutional by the High Court. If someone challenges the home ministry’s directive, it will also be null and void, they observed.
During the uprising, hundreds of students and protesters were killed at the hands of the leaders and activists of the Awami League and law enforcement forces. At the same time, between July 20 and August 5, 44 police officers of various ranks also lost their lives.
In the three days that followed, another 20 people – including political activists and ordinary citizens – were killed across the country, many burned, beaten, hacked, or stabbed to death.
Cases were filed, and probes also began into some of the killings. However, on October 14, the home ministry issued a statement saying “no case, arrest, or harassment” would be pursued against those who “actively participated” in the mass uprising that ousted the Awami League regime.
This immunity also covers the casualties of arson, attacks, and mob violence committed in the three days following Hasina’s ouster on 5 August until 8 August, leaving those deaths beyond the scope of investigation or trial.
As the uprising culminated on 5 August with the fall of the government and Sheikh Hasina’s flight to India, the decision to block investigations into the killings that followed her downfall has raised serious questions.
Inspector General of Police Baharul Alam told TIMES of Bangladesh that whether these killings will be investigated or prosecuted is a decision for the ministry, adding that the police have no role in the matter.
‘Contrary to the rule of law’
The home ministry’s statement under the headline, “No cases, arrests, or harassment will be made in connection with the July Uprising,” declared that the mass uprising marked the beginning of a new journey toward a more equitable Bangladesh.
The statement noted that, to ensure the success of this uprising, students and citizens actively participated in the movement. It further announced that no case, arrest, or harassment would be taken against them for any incidents related to the July Uprising that occurred between July 15 and August 8 – a period of 24 days.
The ministry also instructed all relevant authorities to exercise the highest level of caution and warned them against providing false information to gain any advantage in connection with the matter.
“Granting immunity to individuals who kill or injure others without cause is entirely contrary to the rule of law. Such illegal directives are also depriving individuals of their right to seek justice,” said constitutional expert Dr Shahdeen Malik.
This view was echoed by Supreme Court lawyer Barrister Jyotirmoy Barua, who explained, “The decision was made for political gain, leaving innocent people deprived of justice.” The Bangabandhu assassination case and Operation Clean Heart were granted immunity. Later, the High Court annulled that immunity, he pointed out.
Faisal Hasan, the public relations officer who signed the Home Ministry’s notice, told TIMES of Bangladesh that the notification was issued as per the direction of senior authorities, following a meeting held at the ministry.
He suggested checking with the Ministry of Law to find out whether any ordinance had been issued on this matter.
Despite several attempts, no senior official from the Home Ministry could be reached for comment. The Law Ministry also refrained from commenting, stating that this matter falls under the purview of the Home Ministry.
TIMES of Bangladesh made extensive inquiries with both ministries but found no information on the issuance of any ordinance related to the matter. So far, during the tenure of the interim government, around 60 ordinances have been issued, but none contained such a directive.
This raised questions about the validity of such orders issued through a press statement.
Human rights activist Nur Khan Liton said, “Such immunity is unacceptable, as it undermines human rights and citizens’ right to justice.”
3 days of violence after August 5
At least 20 people were killed in the three days following the fall of Hasina’s government. Among them, 15 were killed on August 6, one on August 7, and four on August 8.
However, from the afternoon of 5 August until the formation of the interim government on August 8, the country effectively had no government. Due to attacks on police stations and the killing of police officers, the police force was absent and in a state of fear during this period. Taking advantage of this vacuum, violent mobs, fuelled by political and personal vendettas, launched attacks and committed murders.
On 6 August, a fire was set at the residence of Sumon Khan, joint general secretary of the district Awami League in Lalmonirhat. Six people were burned alive in the fire.
In Chuadanga, Awami League leader Golam Faruk Jowardar was hacked to death. In Kishoreganj, an attack and arson at the home of Syed Ashfaqul Islam Titu, joint general secretary of the district Awami League, resulted in the deaths of domestic worker Anjana, her child, and another young man.
Additionally, several other people were killed in various incidents: Mokaddem was hacked to death in Tangail’s Mirzapur, Naharul Islam in Meherpur, Tara Sorkar in Sirajganj, Sachin Biswas Saju in Pabna, and Sabuj Akand, a Jubo Dal worker, was stabbed to death in Mymensingh in a struggle for dominance.
Following Sabuj Akand’s murder, Jasim Uddin of Jubo Dal was hacked to death on August 7.
Among the four individuals killed on August 8, Abu Hanif, a scrap trader in Sirajganj, was hacked to death; Alamin, a youth leader in Bogura, was beaten to death; a person named Sarwar was killed in a mob beating in Chapainawabganj on suspicion of being a robber; and Faruk Mollah, a Shechchasebak League leader, was hacked to death in Shariatpur.
No cases have been filed in connection with these incidents. The families of the victims were unable to file complaints, and the police took no action. The families believe that, given the political upheaval in the country, filing a case and seeking justice would pose a threat to their safety.
Police killings
According to data from the Police Headquarters, 44 police officers of various ranks were killed in 12 police stations across the capital and the country. Among them, 43 were killed between July 20 and August 5, and the remaining officer died on August 14 while undergoing treatment.
These officers were killed by being burned alive and beaten. While 15 cases have been filed in connection with these killings, no cases have been filed for the others.
Although investigations have started in several of the cases, they were later halted following directives from the home ministry. Neither the government nor the police have provided any assistance or compensation to the families of the deceased officers.
IGP Baharul Alam said the matter is beyond the control of the police. He mentioned that the issue of compensation for the victims’ families falls under the directive of the home ministry.
When asked about the police killing cases and investigations, the officers-in-charge of several police stations could not provide any specific information. While some claimed that investigations were ongoing, family members of the victims have provided differing accounts.
Hope for justice still alive
Experts say the hope for a fair investigation and justice has not yet been extinguished.
Lawyer Manzil Murshid said in the past, the higher courts annulled immunity granted through political protection. Similarly, any attempt at unlawful immunity should be constitutionally invalid.
“The government should ensure that people’s right to justice is upheld by conducting a fair investigation according to the law,” he said.
Trial for murdered students, protesters
In July last year, following the demand to abolish quotas in government jobs, hundreds of students were killed by law enforcement during protests. This led to a nationwide movement calling for the resignation of then-prime minister Sheikh Hasina.
According to leaked audio messages and reports published by both local and international media, these killings were ordered by Hasina herself. Later, on August 5, her government fell, and she fled to India.
A report by the United Nations Human Rights Commission states that between July 1 and August 15, 2024, 1,400 people were killed, including protesters, police officers, political activists, and ordinary citizens.
According to the Ministry of Health, 834 people were killed during the popular uprising from July to 5 August. However, it is unclear whether the 44 police officers who were killed are included in this count.
The International Crimes Tribunal began trial against the deposed prime minister Sheikh Hasina and others, who are accused of committing crimes during the oust-Hasina movement.
