Bangladesh High Commission

The Supreme Court is divided into two sections: the High Court and the Appellate Court. The High Court hears original cases and reviews cases from the lower courts. The Appellate Court has jurisdiction to hear appeals of judgments, decrees, orders, or sentences of the High Court. Rulings of the Appellate Court are binding on all other courts. ...

Historically, the vast majority of SPA detainees were released on orders from the High Court because the SPA cases were so weak and vague that the court had no alternative but to grant bail. In February 2002, police arrested under Section 54 10 leaders of the BCL near the residence of the AL president without warrant or charges. All were subsequently released, but detained again several times under new SPA detention orders or newly filed criminal cases, not under Section 54. In December 2002, the High Court declared illegal the detention under Section 54 of A.F.M. Bahauddin Nasim, personal assistant to Sheikh Hasina, and ordered his release. In August 2002, the High Court declared illegal the SPA detention of former State Minister Dr. Mohiuddin Khan Alamgir and ordered his release on bail. ... [Read More]

Bangladesh

The Constitution provides for an independent judiciary; however, in practice, a longstanding temporary provision of the Constitution places the lower courts under the executive, and the courts were subject to the executive's influence. The higher levels of the judiciary displayed some degree of independence and often ruled against the Government in criminal, civil, and politically controversial cases. Corruption, judicial inefficiency, and a large backlog were serious problems. The court system has two levels: the lower courts and the Supreme Court. Both hear civil and criminal cases. The lower courts consist of magistrates, who are part of the executive branch of the Government, and session and district judges, who belong to the judicial branch. The Supreme Court is divided into two sections: the High Court and the Appellate Court. The High Court hears original cases and reviews cases from the lower courts. The Appellate Court has jurisdiction to hear appeals of judgments, decrees, or ... [Read More]

Bangladesh

An advisory board composed of two persons who have been, or are qualified to be, high court judges and one civil servant are supposed to examine the cases of SPA detainees after 4 months. On June 19, the High Court stated that the Government does not have any right to extend detention and, as such, SPA detainees must be released after 30 days unless the advisory board recommends an extension. The High Court judgment also made mandatory the requirement that authorities inform the court of the grounds for the detention order against the accused within 15 days and, if possible, earlier. On June 24, the Appellate Division of the Supreme Court concurred with the High Court judgment. If the Government adequately defends its detention order, the detainee remains imprisoned; if not, the detainee is released. If the defendant in an SPA case is able to present his case before the High Court in Dhaka, the High Court generally rules in favor of the defendant. However, many defendants either were t ... [Read More]

Bangladesh

In June 2001, in Baniarchar, Gopalganj District, a bomb exploded inside a Catholic church during Sunday Mass, killing 10 persons and injuring 20 others. The army arrived to investigate approximately 10 hours after the blast. Police detained various persons for questioning, but by the end of the period covered by this report, the police reported no progress on the case. A judicial commission was formed in December 2001 to investigate the Baniachar bombing. In September 2002, the commission submitted its report to the Government. The commission's final report blamed Sheikh Hasina and other AL party members for six of the seven bomb attacks that occurred in 1999, 2000, and 2001, including the June 2001 attack. However, two of the three commission members dissented, alleging that the head of the commission, Judge Abdul Bari Sarkar, had inserted his personal views in the final report. During the period covered by this report, the Government took no further action on the basis o ... [Read More]

The Future of Bangladesh: Promise and Possibility

For three years in a row, Transparency International has ranked Bangladesh as the world’s most corrupt country. This dubious distinction for Bangladesh has already taken a toll as foreign direct investment has declined. This should be a clarion call to action for the Government of Bangladesh, which must immediately take steps to root out official corruption. The United States welcomes the planned creation of an official Anti-Corruption Commission and we hope that this body will soon be assembled and that it will function effectively. Similarly, the government should immediately implement the 1999 decision of its Supreme Court to free the lower judiciary from executive control, a move that will further strengthen the ability of its courts to effectively try corruption cases. ... [Read More]

V. Country Narratives -- Countries A through G

Bulgaria is a transit country and, to a lesser extent, a country of origin and destination for young women and girls trafficked for the purpose of sexual exploitation. Bulgarian citizens are also internally trafficked for sexual exploitation. Victims are primarily trafficked from Ukraine, Romania, Moldova, Russia, and Central Asia through Bulgaria into Western, Southern, and Eastern Europe. Roma children continue to be disproportionately represented among victims. The Government of Bulgaria does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2004, the government adopted a more active role in prevention and protection, stepped up its enforcement efforts, and took important preliminary steps to implement its anti-trafficking legislation, including the adoption of a national strategy and ... [Read More]

Bangladesh

The court system has two levels: The lower courts and the Supreme Court. Both hear civil and criminal cases. The lower courts consist of magistrates, who are part of the executive branch of government, and session and district judges, who belong to the judicial branch. On June 21, the Supreme Court reconfirmed an earlier 12-point ruling regarding the procedures for a 1997 High Court order to separate the judiciary from the executive. The 12-point ruling declared which elements of the 1997 order could be implemented without requiring a constitutional amendment. The Supreme Court ordered the Government to implement those elements within 8 weeks. On August 5, Ishtiaq Ahmed, law advisor to the caretaker Government, announced that the judiciary would be separated from the executive by promulgating an ordinance. The Supreme Court is divided into two sections, the High Court and the Appellate Court. The High Court hears original cases and reviews cases from the lower courts. The ... [Read More]

Bangladesh

Persons may be tried in absentia, although this rarely is done.  In November 1998, 15 of the 19 defendants tried for the 1975 killing of then-President Sheikh Mujibur Rahman and 21 of his family members were convicted and sentenced to death, and 4 persons were acquitted.  Fourteen of the defendants were tried in absentia, and 12 of them were convicted.  In April when the High Court began its automatic review of the death sentences, the first two judges assigned to the case recused themselves, declaring that they were unable to hear the cases impartially, prompting heavy criticism from the Government.  After the second recusal, government supporters marched to the High Court Building wielding sticks and clubs, and called for the execution of the sentences issued at the trial.  Some members of the Cabinet, including the Home Minister, participated in a rally that threatened action against the judges for their failure to take on the case.  The Prime Minister ... [Read More]