CY B E R L AW I N CR I M INAL AND C IVIL C ONT E X TS
The orders and judgments of the Cyber Tribunals may be appealed to the Cyber Appellate Tribunal, to be
established under the authority granted in Section 83, which may retain, revoke, alter, or rectify verdicts issued
by the Cyber Tribunal (Section 83.3). The Cyber Appellate Tribunal’s rulings are final (Section 83.4).
If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal
Aid Services Act and be afforded legal and constitutional guarantees of presumption of innocence, prompt
notification of charges, and the right to appeal as per Articles 31, 32, 33, 35, and 44 of the Constitution, and in
accordance with the provisions of the CrPC.
Bangladesh’s National Information and Communication Technology (ICT) Policy outlines the State’s vision for
the development of the nation’s ICT infrastructures and services and sets a number of goals to be achieved by
2021, 2030, and 2041. “Social Equity and Universal Access” is listed as the third objective of this policy, defined
as “establishing social equality at all levels through the use of information and communication technology
and ensuring universal access to information flow in the State” (Section 2.2.1). This goal is further defined to
encompass “bringing people from all walks of life, especially the underprivileged, women and the disabled and
those in need of special assistance into mainstream society through the use of information technology” (3.3.1),
“non-discriminatory access to public and private digital services for the public” (3.3.3.), and “the development of
the language, culture and heritage of people of all regions, including ethnic minorities” (3.3.6).
Courts Use of Information Technology Act, 2020
S UMMARY
Enables courts to conduct any judicial proceedings (trial or judicial inquiry, or the application or anticipatory
hearing, or the taking of evidence, or the taking of arguments, or the giving of orders or judgments) via audiovisual or any other electronic means.
A PPL ICAB IL IT Y TO RO H I NGYA
This Act applies to all subordinate courts or tribunals in Bangladesh, including the Appellate Division of the
Supreme Court and the High Court Division. It therefore applies to Rohingya who are party to any such court
proceedings in Bangladesh.
PROTECTIO N NOT ES
This Act stipulates that virtual presence “through audio-video or any other similar electronic means” of any
individual shall fulfil the requirement of personal presence in or before a court in the Code of Civil Procedure or
the Code of Criminal Procedure (Section 4).
Section 3 grants courts the authority to conduct proceedings virtually, following the procedures and safeguards
laid out in the Code of Civil or Criminal Procedure, in all other aspects.
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH
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