they cannot afford to pay for it, but the country lacked sufficient funds to provide
this service. Many detainees were not permitted to communicate with others
outside of detention.
Arbitrary Arrest: Arbitrary arrests occurred, often in conjunction with political
demonstrations or speech, or as part of security force responses to terrorist activity,
and the government held persons in detention without specific charges, sometimes
to collect information regarding other suspects. The expansiveness of the 1974
Special Powers Act grants legal justification for arrests that would often otherwise
be considered arbitrary, since it removes the requirement that arrests be based on
crimes that have occurred previously. Human rights activists claimed police
falsely constructed cases to target opposition leaders, workers, and supporters, and
that the government used the law enforcement agency to crack down on political
rivals.
From August to December, police arbitrarily arrested thousands of opposition BNP
members during otherwise peaceful protests. Following two clashes between the
BNP and the Awami League in Netrakona and Madan, police filed charges against
759 BNP leaders and activists. In December media reported police headquarters
announced that police arrested more than 6,000 individuals during a nationwide
“special drive.” While police claimed this drive was to control crime, human
rights organizations and observers noted most of the arrested persons were from
the opposition party.
Pretrial Detention: Arbitrary and lengthy pretrial detention continued due to
bureaucratic inefficiencies, limited resources, lax enforcement of pretrial rules, and
corruption. Lawyers attributed the overuse of arbitrary and stringent laws such as
the DSA, some of which have do not allow for bail, as another explanation for the
high numbers of pretrial detentions. In some cases, the length of pretrial detention
equaled or exceeded the sentence for the alleged crime.
e. Denial of Fair Public Trial
The constitution provides for an independent and impartial judiciary, but
corruption and political interference compromised its independence. The
government generally did not respect judicial independence and impartiality.
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