HRW urges end to prolonged detention of political opponents

Human Rights Watch (HRW) has called on Bangladesh authorities to immediately end the prolonged pretrial detention of politicians and others linked to the deposed Awami League government, urging them to respect the presumption of innocence and ensure fair trial rights.

In a report released on Sunday, the rights group said the authorities should investigate prison deaths and ensure that pretrial detention remains an exception rather than the rule.

“Though some officials may have been complicit in the Hasina government’s serious rights violations, many were arrested without apparent evidence on allegations of murdering protesters,” HRW said.

It said family members and lawyers alleged that many detainees, including older people and those with serious health conditions, had been denied basic rights, including bail and medical care.

At least 10 Awami League office holders, most of whom had not been charged with any crime, have died in prison since Prime Minister Tarique Rahman took office in February 2026, it said.

“Under one government after another, hundreds of opposition members have been locked up without evidence or due process,” said Elaine Pearson, Asia director at HRW. “The government of Prime Minister Tarique Rahman has pledged reform, and as a first step he should end the prolonged arbitrary detention of political opponents.”

HRW said prosecutors had repeatedly sought to deny bail in cases where no evidence had been produced. Lower magistrate and district courts had consistently refused bail, while High Court bail orders had allegedly been circumvented when government authorities filed fresh cases.

The rights group cited the case of ABM Khairul Haque, 82, a former chief justice, who was arrested on July 24, 2025, over an allegation of murdering a protester. He was subsequently arrested in four more cases over the following three months, including a corruption case.

Although the High Court granted him bail, police repeatedly filed new cases to prevent his release, HRW said. His family also told the rights group that he was in poor health and had suffered a heart attack while in prison.

According to HRW, the process continued even after the High Court granted bail and directed police not to “arrest and harass” Haque unless there was a specific case against him. He was finally released on August 19 after intervention by the Appellate Division. Throughout the period, he had not been charged with any offence, HRW said.

Lawyers for other detainees told HRW that they now advise their clients not to seek bail because police simply file new cases if they succeed in securing release.

HRW also raised concerns about the International Crimes Tribunal, saying it allows detention without charge beyond one year only in “exceptional circumstances” that must be set out in writing.

The tribunal has detained more than 160 people but has not granted bail to any of them, the rights group said. It also noted that detainees have no right to appeal against bail rejections.

HRW highlighted the cases of several elderly detainees, including Dr Tawfiq-e-Elahi Chowdhury, 81; Shahriar Kabir, 75; Kamal Ahmed Majumder, 75; RAM Obaidul Muktadir Chowdhury, 71; Ramesh Chandra Sen, 85; and SM Ziaul Haque Zia, 65.

The rights group said they had spent long periods in custody without charge and that, when they sought bail in April 2026, the tribunal neither granted bail nor set out any “exceptional circumstances”. Proceedings were adjourned twice, most recently until the end of August.

HRW also expressed concern over the health conditions of detainees, saying some suffered from serious illnesses requiring intensive treatment and care. Families have alleged that detained relatives were not receiving adequate medical care or proper medication.

Ramesh Chandra Sen, 85, a former Awami League lawmaker, was arrested in August 2024 in three murder cases and an explosives case and remained in detention until his death on February 7, 2026, HRW said.

The rights group also said the government’s proposed National Human Rights Commission bill, if adopted in its current form, would prevent the new commission from investigating alleged arbitrary arrests.

HRW said authorities should ensure that a judge or equivalent reviews every detention to assess its legality and necessity. Anyone held pretrial should be entitled to a speedy trial or release, while restrictions must respect the right to liberty, the presumption of innocence and equality.

“A justice system that lets older people die in custody before they are ever charged is not treating pretrial detention as the exceptional measure it always should be,” Pearson said.

“The Bangladeshi government should order independent inquiries into all prison deaths under its watch and stop arbitrarily detaining people for prolonged periods without charge.”