This latest attack follows a pattern of escalating violence, with at least four documented assaults against lawyers in Dhaka since the current interim government, led by Nobel Peace laureate Prof. Dr. Muhammad Yunus, took power on August 8, 2024. The repeated targeting of lawyers defending clients linked to political cases is not only an attack on individuals but a stark violation of the principles of justice, the rule of law, and human rights.
Grave Implications for Justice and Fair Trials:
JMBF asserts that the recent attack on Advocate Swapan Krishna Roy Chowdhury is not just an isolated incident; it is part of a worrying trend of violence against defense lawyers in Dhaka. Such acts compromise the defense's ability to present their case effectively, threatening the constitutional right to a fair trial for individuals like Amir Hossain Amu. The absence of security for legal practitioners and the hostile environment in which they are forced to operate erode trust in the judicial system and raise serious concerns about the impartiality of proceedings. This represents a grave threat to justice and fair trials.
Robert Simon, Chief Adviser of JMBF stated, “The violent suppression of defense lawyers not only endangers them personally but strikes at the very heart of a fair trial. When a lawyer is threatened or assaulted for fulfilling their duty, it sends a chilling message that justice can be obstructed through intimidation and violence. This is unacceptable and must be condemned in the strongest terms.”
Advocate Shahanur Islam, Founder President of JMBF stated, “Amir Hossain Amu’s right to a fair trial has been compromised. The principle of justice demands that every accused person must be represented without interference or fear. The assault on his lawyer, Advocate Swapan, violates the United Nations Basic Principles on the Role of Lawyers, particularly Principles 16, 17, and 18, which guarantee the protection and independent functioning of lawyers, and Principle 23, which underscores the right of lawyers to freedom of expression and association.”
Calls for Immediate Action:
JMBF calls upon the interim government and judicial bodies to investigate all instances of violence against lawyers, including the physical assault on Advocate Swapan Krishna Roy, and ensure swift legal action against perpetrators to restore faith in the judiciary. JMBF urges the authorities to:
1. Guarantee the protection of lawyers within court premises and outside the court, ensuring they can represent their clients without fear and preserving the integrity of legal defense.
2. Uphold the right to a fair trial for Amir Hossain Amu and others by preventing undue influence, harassment, or obstruction of defense teams, and ensuring an impartial judicial process.
These actions align with Bangladesh’s commitments under international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), as well as the constitutional guarantee of legal protection.
Justice at Risk:
JMBF believes that the pattern of violence within the courts challenges the legitimacy of judicial proceedings and denies individuals their right to an impartial and fair trial. Without a secure and independent legal profession, justice becomes a façade. Protecting lawyers ensures not just their safety, but the very fabric of democracy and the rule of law.
JMBF stands in solidarity with Advocate Swapan Krishna Roy Chowdhury and all lawyers who courageously defend their clients despite mounting threats. We urge the legal and governmental authorities to act urgently to restore the integrity of the judicial system and ensure that the rights of legal professionals, as well as those they represent, are unequivocally protected.
Thank you.
Mosa Jannatul Ferdaus
Chief Coordinator & Executive Member
JusticeMakers Bangladesh in France (JMBF)
Email: info@jmbf.org | Website: http://www.jmbf.org
Background on the Remand Hearing of Amir Hossain Amu
On 7 November 2024, the Dhaka Chief Metropolitan Magistrate's (CMM) Court approved a six-day remand for former minister, Awami League advisory council member, and member of the Dhaka Bar Association and Supreme Court of Bangladesh, Amir Hossain Amu. Amu was arrested in connection with a case filed at the New Market police station concerning the murder of trader Abdul Wadud. The police had initially sought a 10-day remand for further interrogation, emphasizing the need to uncover more details about the incident.
The defense team, representing Amu, appealed for his bail and requested that the remand be denied. During the hearing, tensions escalated when Advocate Swapan Krishna Roy Chowdhury, one of Amu’s lawyers, began presenting his argument. A group of lawyers, reportedly aligned with pro-BNP interests, disrupted the session and assaulted Advocate Swapan, resulting in significant disruptions and violence in the courtroom.
Assault on Advocate Swapan Krishna Roy Chowdhury:
The incident occurred around 11:45 a.m., during Dhaka Metropolitan Magistrate Shahin Reza's proceedings on the remand request. Advocate Swapan’s comments, critiquing the public prosecutor’s statements as politically motivated, triggered an aggressive response from some lawyers present.
According to witnesses, a group of pro-BNP lawyers physically confronted Swapan Roy, grabbing him by the collar, dragging him, and pushing him down at the courtroom entrance. They then proceeded to kick him repeatedly in the courtroom. Eventually, other lawyers intervened and managed to remove Swapan from the scene. Despite the violent nature of the assault, Advocate Swapan did not receive any protection or security from court authorities during or after the incident.
Amu’s Response:
Amir Hossain Amu himself addressed the court after the incident, expressing his unwillingness to make further statements due to the chaotic and hostile environment that had unfolded when his lawyer was attacked.
Recurring Incidents of Violence Against Defense Lawyers:
This attack is not an isolated event. Since the interim government, led by Nobel Peace laureate Prof. Dr. Muhammad Yunus, assumed power on August 8, 2024, following the resignation of the Awami League government on August 5, 2024, there have been at least four recorded assaults on defense lawyers within the Chief Metropolitan Magistrate's Court of Dhaka. Notably, two of these incidents occurred inside courtrooms, undermining the sanctity and safety of legal proceedings. Despite the severity of these assaults, the current administration has not taken legal measures against the perpetrators.
- On August 14, some unruly lawyers, mostly pro-BNP lawyers, assaulted Advocate Faruque Ahmed in the courtroom as he sought to defend Salman F. Rahman, former private industry and investment adviser to former Prime Minister Sheikh Hasina, and former law minister Anisul Huq in a murder case.
- On October 17, when lawyer Sheikh Farid exited the CMM Court building, a group of pro-BNP lawyers assaulted him, kicking and punching him even after he fell to the ground.
- On October 22, lawyer Morshed Hossain Shahin was speaking to reporters outside the CMM Court building after defending former independent lawmaker Syed Sayedul Haque Sumon. Suddenly, a pro-BNP lawyer approached and struck Morshed on the head.
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JMBF is an independent non-profit, nonpartisan human rights organization registered in France with registration number W931027714 under the association law of 1901, dedicated to defending human rights, fighting for justice, and empowering communities in Bangladesh and beyond.
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