CR I MI N A L L AW A N D FAIR T RIAL RIGHTS P ROTECTIO N N OT ES The Act contains very few explicit protections for detainees. Constitutional protections (such as the presumption of innocence and right to consult a lawyer) in criminal processes should continue to be granted and applied. Under Section 8, Rohingya detainees must be informed of the grounds for their detention within 15 days. Under Section 12, an Advisory Board, appointed by the Government, should examine any case of detention of a Rohingya detainee after six months. Under Section 30, the right to appeal may be exercised within 30 days from the date of, delivery, or passing of any order, judgment, or sentence. Rohingya detainees have the right (under Article 102 of the Constitution) to challenge any preventive detention order issued by the Government by means of a writ petition (in the nature of habeas corpus) filed at the High Court Division, or (under Section 491 of the CrPC) by way of a criminal miscellaneous petition. No Rohingya may be subjected to preventive detention for a period exceeding six months, unless an Advisory Board (consisting of two present/former Judges of the Supreme Court or individuals otherwise qualified to be appointed as such, and a senior officer in the service of the Republic) agrees that further preventive detention is warranted, per Article 33 of the Constitution. It is important to note that the High Court Division has instructed police not to arrest individuals under Section 54 of the CrPC with a view to preventively detain that individual under Section 3 of this Act.36 Particular attention should be given to Rohingya persons who are actively engaged in organizing, demonstrating, or other forms of community mobilization and association, given that individuals engaged in such activities may potentially face consequences under the Act. Any removal of Rohingya to Myanmar by an order issued under Section 3 of this Act would be a violation of the principle of non-refoulement, an obligation recognized by High Court jurisprudence in the Court’s RMMRU judgment. The Mobile Courts Act, 2009; and Rules, 2019 S UMMARY Provides for the establishment of Mobile Courts administered by the Executive Magistrate37 and grants limited powers for these Mobile Courts to impose penalties instantaneously. However, this is restricted to cases in which the accused confesses to having committed the alleged offence, and where punishment is limited to a maximum of two years’ imprisonment. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya in Bangladesh accused of offences are covered by this Act. P ROTECTIO N N OT ES Due process rights and protections, including the core rights articulated above, are severely curtailed in Mobile Courts. Efforts should be taken to prevent Rohingya from being brought before such Courts until and unless changes are made to ensure Mobile Courts comply with domestic guarantees of due process and human rights.38 Importantly, the High Court has firmly reiterated that under no circumstances are children to be tried by Mobile Courts.39 39 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH