The Law Society is gravely concerned about the continuing threats and harassment of lawyer Shahanur Islam in connection with his legitimate activities as a lawyer. He works as the Secretary General of the Bangladesh Institute of Human Rights and JusticeMakers Bangladesh. Mr Islam has defended the rights of ethnic, religious, and LGBTI minorities, as well as opposition politicians and has faced multiple death threats, intimidation, physical assault, and arrest since at least 2008.
Most recently, on 26 October 2022, Mr Islam received death and kidnapping threats against him and his family from different telephone numbers. Previously, on 6 September and 25 August 2022, he received two separate death threats against him and his family via text message from an unidentified phone number, related to his work on behalf of LGBTI community members in Bangladesh.
On 6 October 2022, 3 to 5 people forcefully stopped one of his family members and threatened to kill Shahanur Islam if he did not withdraw cases against a Member of the District Council and political leader, Jahurul Islam, and against the individuals who allegedly physically attacked the lawyer in 2020.
We understand that the case is under investigation by the Police Bureau of Investigation in Naogaon. In 2017, Jahurul Islam had allegedly made a false allegation against Shahanur Islam and two of his family members. The Naogaon Magistrate Court issued an arrest warrant against the lawyer and those family members. Shahanur Islam voluntarily reported himself to the authorities and was granted bail.
In 2020, the lawyer was attacked by approximately 10 individuals at the court premises of Naogaon district. The attack took place just after he left a hearing in the abovementioned case. As a result of the attack, he suffered serious injuries to his face and body and was subsequently hospitalised. It is alleged that the attack was aimed at intimidating Shahanur Islam to withdraw the case.
Bangladesh has an international legal obligation to comply with, among others, the following treaty provisions, and is called upon to adhere to the following international standards on the independence of the legal profession.
International Covenant on Civil and Political Rights ratified by Bangladesh on 6 September 2000
7. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
9.1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary detention. No one shall be deprived of his liberty expect on such grounds and in accordance with such procedures as are established by law.
14.1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law [...]
The UN Basic Principles on the Role of Lawyers state:
16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and to consult with their clients freely both within their own country and abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.
17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
We urge the relevant authorities in Bangladesh to:
1. Investigate without undue delay, thoroughly and transparently the threats, intimidation, harassment, and physical assault of the lawyer Shahanur Islam and bring the perpetrators to justice in proceedings that respect international fair trial guarantees;
2. Drop all charges against Shahanur Islam unless credible evidence is presented in proceedings that comply with international fair trial guarantees; and
3. Ensure that all lawyers in Bangladesh can practice their profession without undue interference in compliance with international standards on the independence of the legal profession.
We will continue to monitor the situation of Mr Shahanur Islam, as well as that of other lawyers in Bangladesh.
Lubna Shuja
President
Law Society of England and Wales
CC.
Ms. Margaret Satterthwaite
Special Rapporteur on the Independence of Judges and Lawyers OHCHR-UNOG, 8-14 Avenue de la Paix, 1211 Geneve 10
Switzerland Email: SRindependenceJL@ohchr.org
Bangladesh High Commission
28 Queens Gate
London SW7 5JA
United Kingdom
Email: info@bhclondon.org.uk, personalofficertohc@gmail.com
British High Commission
United Nations Road Baridhara PO Box 6079 Dhaka - 1212 Dhaka Bangladesh
Email: Dhaka.Press@fcdo.gov.uk
============================================================ Advocate Shahanur Islam | An Young, Ascendant, Dedicated Human Rights Defender, Lawyer and Blogger in Bangladesh, Fighting for Ensuring Human Rights, Rule of Law, Good Governance, Peace and Social Justice For the Victim of Torture, Extra Judicial Killing, Force Disappearance, Trafficking in Persons including Ethnic, Religious, Sexual and Social Minority People.
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