I M M I G R ATIO N L AW, L EG AL STAT US, AND D O C U MENTATI O N
Rohingya persons should not be prosecuted under this Act for entry into Bangladesh without valid papers. The
conditions and circumstances in which Rohingya fled Myanmar, which did not allow them to be in possession of
travel documents, have been widely acknowledged and recognized, therefore bolstering the argument that:
• an exception, allowed under Section 10 of the Foreigners Act, must be applied;16
• no criminal case should be started against any Rohingya individual for violation of established requirements,
including under the Passport Act and Rules.
Passport (Offences) Act, 1952
S UMMARY
Provides that passport forgery and making false statements in applying for a passport are punishable offences.
AP PL ICAB IL IT Y TO RO H I NGYA
This Act applies to the whole of Bangladesh, and also extraterritorially to all Bangladeshi citizens. Because it
applies to the whole of the country, any Rohingya individual in Bangladesh is covered by this Act.
P ROTECTIO N N OT ES
This Act only covers attempted passport forgery and fraudulent statements given to acquire a Bangladeshi
passport. If any Rohingya individual is charged with violation of this Act, they are protected by constitutional
safeguards in criminal proceedings under Articles 33 and 35 of the Constitution, pertaining to those arrested,
detained, and/or accused of committing crimes. These include the:
• right to counsel;
• right to be informed of charges;
• right to be brought before a Magistrate within 24 hours;
• protection from ex post facto laws;
• principle of no punishment without law;
• prohibition of double jeopardy;
• right to fair, public, speedy trial;
• prohibition of cruel treatment.
Bangladesh Passport Order, 1973; and Rules, 1974
S UMMARY
Provides that departing or attempting to depart from Bangladesh without a valid passport or travel document is
a punishable offence, as is furnishing false information in order to obtain a passport.
AP PL ICAB IL IT Y TO RO H I NGYA
This Order applies to the whole of Bangladesh (and also extraterritorially to all Bangladeshi citizens); therefore
Rohingya in Bangladesh are covered by this Order.
15
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH