Urgent reforms of criminal justice needed: Inquiry commission
In its second interim report, the Commission proposed two key recommendations: addressing the backlog of anti-terrorism cases involving victims of enforced disappearance, and moving away from a securitised counterterrorism model in favour of rehabilitation and community-based prevention
Highlights:
- Commission urges expedited trials in anti-terror cases
- Calls for acquittal if trials exceed one-year legal limit
- Recommends amending Anti-Terrorism Act to enforce trial deadlines
- Tribunals urged to review backlog of unresolved cases
- Push for rehabilitation-focused counterterrorism approach
- Criticises militarised model influenced by foreign funding
The Commission of Inquiry on Enforced Disappearances has called for urgent reforms to Bangladesh's criminal justice and counterterrorism systems, recommending both expedited trials for past cases and a shift towards a more rehabilitative approach in future efforts to combat extremism.
In its second interim report, the Commission proposed two key recommendations: addressing the backlog of anti-terrorism cases involving victims of enforced disappearance, and moving away from a securitised counterterrorism model in favour of rehabilitation and community-based prevention.
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The report said many individuals currently facing trial were detained incommunicado and tortured, only to be later charged with offences they could not have committed, often because they were in state custody at the time the alleged crimes took place.
"These charges represent a grave miscarriage of justice and a violation of legal principles, particularly the requirement that guilt be established through specific acts," the report said.
While acknowledging that some individuals may hold radical beliefs, the Commission stresses that "due process demands that people be prosecuted only for acts they have committed, not for their perceived associations or ideologies".
According to the report, many of the cases involve long-term detention without resolution, with some victims imprisoned for over a decade.
It criticised the lack of consequences for failing to conclude trials within the timeframe set under Section 33 of the Anti-Terrorism Act, 2009, which allows for a maximum of one year from charge framing.
To address this, the Commission recommended amending the Act to require that if a trial is not concluded within one year, the tribunal must terminate the proceedings and acquit the accused.
It also called for a systematic review and resolution of the backlog of pending cases, urging that judges of the special tribunals be sensitised to the structural injustices highlighted in the report.
On future strategy, the Commission noted that Bangladesh's current counterterrorism efforts are heavily militarised and influenced by foreign models, particularly that of the United States.
Despite public rhetoric focusing on deradicalisation and community vigilance, the state has relied on secret detentions, coercive interrogations, and broad use of anti-terror laws.
This mismatch between narrative and practice, the report said, undermines trust and blurs the distinction between genuine threats and political opposition.
The Commission recommended a shift to a more holistic model, focusing on prevention, education, and reintegration.
It proposed structured religious education, psychological counselling, vocational training, and the use of reformed former extremists as mentors.
Such efforts, the report argued, must be locally adapted and grounded in trust.
It cited examples from Indonesia and Malaysia to illustrate how community engagement and non-coercive approaches can yield results without relying on mass surveillance or militarised policing.
"The way forward lies in constructing a locally grounded, non-coercive strategy that builds trust with communities, protects rights, and weakens the appeal of extremism from within," the report concluded.
