CR I MI N A L L AW A N D FAIR T RIAL RIGHTS
justice (Section 47). Cases heard by Anti-Narcotics Tribunals are to be disposed of within 90 days, with the
possibility to extend for 30 days with notification of the Supreme Court and an additional 15 with notification of
the Supreme Court and the Government, but they must absolutely be completed by the end of these additional
15 days (Section 51). Appeals to any orders, judgments, or sentences imposed by these tribunals may be made
within 30 days to the High Court Division, and the time necessary to produce a copy of the judgment will not be
counted towards this deadline (Section 53).
As per Section 18(8), where a Rohingya person is mandated by authorities to participate in a compulsory
addiction treatment, the GoB should bear all expenses for such treatment.
Anti-Terrorism Act, 2009 (as amended up to
2013); and Rules, 2013
S UMMARY
Provides that the commission of “terrorist activities” (including financing, aiding, and abetting) is a
punishable offence, as well as measures for its prevention and punishment. Section 6 describes “terrorist
activities” to be those carried out to create public panic, with the intent to threaten and disrupt the unity,
integration, public security, or sovereignty of Bangladesh.
AP PL ICAB IL IT Y TO RO H I NGYA
This Act applies to the whole of Bangladesh without reference to citizenship, and exterritorialy, as well as to
all persons on ships and aircrafts registered in Bangladesh, irrespective of their location. Therefore, Rohingya
charged with the following offences in Bangladesh are covered by this Act:
• terrorist activities, encompassing numerous actions committed for the purposes of threatening the unity,
integration, public security, or sovereignty of Bangladesh;
• knowingly using terrorist property;
• terrorist financing;
• membership in a prohibited entity;
• supporting a prohibited entity;
• attempting, conspiring to attempt or to commit, and aiding and abetting any of the above offences.
P ROTECTIO N N OT ES
All offences under this Act are cognizable and non-bailable, and sentences range from four years’ imprisonment
to imprisonment for life. Charges of offences under this Act may either be tried by a Sessions Judge in
accordance with the procedures outlined for Sessions Courts in the CrPC (Section 27.1), or by special AntiTerrorism Tribunals which may be established by the Government via notification in the Official Gazette and
are to be presided over by a Sessions Judge or Additional Sessions Judge appointed by the Government in
consultation with the Supreme Court (Section 28).
Where ordered by a Magistrate under Section 26, Rohingya being investigated by the police for an offence under
this Act may only be held on remand in police custody for up to ten days, plus an additional five days if an
extension is granted.
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
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH