CLA and LAWASIA Express Deep Concern Over Alleged Interference in Bar Association Elections

The international lawyers’ organizations, the Commonwealth Lawyers Association (CLA) and LAWASIA, have expressed deep concern over allegations of interference in elections of lawyers’ associations in Bangladesh, the cancellation of nominations based on political identity, and what they describe as “politically motivated” cases filed against lawyers.

In a joint statement issued on Friday, the two organizations said they had received multiple reports that eligible lawyers were prevented from having their nomination papers accepted in the election of the Bangladesh Supreme Court Bar Association.

The statement said that the Supreme Court Bar Association had set April 19 to April 28 as the period for submitting nominations for various positions. However, despite meeting the qualifications required under the constitution of the association, the current administration rejected the nominations of several qualified lawyers. No hearing was held, no written reasons were provided for the rejections, and no opportunity for appeal against the decisions was made available.

According to the CLA and LAWASIA, many lawyers were not allowed to participate in the election due to allegations of political affiliation. Several nomination papers were also rejected on the grounds that the applicants were labeled as “associates of fascists.”

Referring to media reports, the statement said that since January, nearly 200 lawyers had been barred from participating in at least 13 bar association elections on allegations of links to the Awami League, whose activities have been banned.

The CLA and LAWASIA also expressed concern over reports that multiple serious criminal cases had been filed against former Supreme Court judges and practicing lawyers. The organizations said that many of these cases have been alleged to be “entirely fabricated” and are being used to “intimidate” lawyers.

The statement recalled the United Nations’ 1990 Basic Principles on the Role of Lawyers, which affirm that lawyers must be able to perform their professional duties without intimidation, harassment, or improper interference, and that their rights to freedom of expression and association must be protected.

The two organizations made several specific appeals to the Government of Bangladesh, the Supreme Court Bar Association (SCBA), and the Bangladesh Bar Council.

• Any form of interference in elections of the Supreme Court Bar Association and all bar associations across the country must cease immediately, and free and fair elections must be ensured.

• All qualified lawyers must be given equal opportunities to participate in elections without discrimination based on political affiliation or past identity.

• Clear written reasons must be provided for any rejection of nomination papers, and an avenue for appeal must be established.

• The allegedly fabricated and politically motivated criminal cases filed against former judges and lawyers must be reviewed immediately. Criminal cases must not be used as instruments of intimidation.

• Commitment to the independence of the legal profession and the protection of human rights must be reaffirmed.

The two international legal organizations stated that they will continue to closely monitor developments within Bangladesh’s legal and judicial sectors.

They also called on the international community to speak out in support of the independence of the legal profession and the rule of law around the world.

The Commonwealth Lawyers Association (CLA) works to promote the rule of law and an independent legal profession across Commonwealth countries. LAWASIA, on the other hand, works to uphold human rights and the rule of law throughout the Asia-Pacific region.