Bangladesh: Will UN probe ensure justice for protesters?

A UN Human Rights Office (OHCHR) fact-finding team in Bangladesh has been collecting evidence to establish facts, identify responsibilities and make recommendations regarding alleged human rights violations during a wave of protests that took place in the country during July and August.
The demonstrations, initially sparked by a controversial quota system for government jobs, soon morphed into a broader anti-government movement.
Hundreds of protesters were killed, and thousands injured, in one of the deadliest crackdowns on demonstrations in Bangladesh’s history, with many students shot by security forces loyal to then-Prime Minister Sheikh Hasina.
Hasina resigned and fled to India on August 5 amid the growing unrest. An interim government headed by Nobel Peace laureate Muhammad Yunus, which includes two student leaders in senior positions, now runs Bangladesh.
The UN rights office said in a preliminary report last month that there were “strong indications” that the security forces “used unnecessary and disproportionate force in their response to the situation.”
“Alleged violations included extrajudicial killings, arbitrary arrests and detention, enforced disappearances, torture and ill-treatment, and severe restrictions on exercise of freedoms of expression and peaceful assembly,” it added.
Many experts consider the UN probe as an important step toward accountability, however some caution that it won’t yield conclusive findings regarding alleged crimes since it isn’t conducting a criminal investigation.
Dhaka-based human rights lawyer Sara Hossain highlighted the significance of the investigation, noting that it’s the first time the OHCHR is producing such a report on allegations of widespread human rights violations in Bangladesh.
“Its time frame will cover both allegations relating to the repression in the context of the protests … as well as those concerning alleged reprisals against former ruling Awami League party members,” she told DW.
“Given the deep divisions in our society and the efforts we are seeing by many partisan groups to minimize violations affecting their opponents, it is particularly significant that this report is being produced by the UN.”
Hossain added that the report will help set a precedent for future investigations aimed at delivering justice and reparations for victims of human rights violations.
Michael Kugelman, a South Asia expert at the Washington-based Woodrow Wilson International Center for Scholars, believes that the investigation is critical.
“Given the traumas that the country suffered through, it’s essential that the public know that a process is in place to ensure accountability — and especially because too often, there hasn’t been accountability for the crimes of the state,” he told DW.
“In that regard, this investigation can hopefully serve as a deterrent, giving future governments pause before resorting to egregious levels of repression, as they would know that unlike in the past they would face accountability.”
Although the fact-finding team has been interviewing victims, law enforcement officers, medics and witnesses, the UN clarified that it is “not a criminal investigation” and operates independently of any national justice process.
Hossain and Kugelman both noted this limitation, suggesting the investigation might not reveal the full extent of alleged human rights violations.
“It will not be able to make conclusive findings,” Hossain added, “as it is not using the standard of proof applicable to criminal investigations, i.e., ‘beyond reasonable doubt.'”
Kugelman warned that while the interim government may cooperate, the former regime and its supporters may not be fully transparent. He also highlighted that the UN’s lack of legal authority weakens its influence.
“There’s also the complicating factor of Sheikh Hasina: It’s unclear that New Delhi would be comfortable providing access to her for the investigation, and it’s also unclear if she would cooperate,” Kugelman told DW, as India shared close ties with Hasina’s administration.
DW talked to the family members of two deceased students, who said that they are in contact with the UN team to help it in its investigation.
One of them, Mir Mahmudur Rahman Deepto, whose younger brother, Mir Mahfuzur Rahman “Mugdho,” a 25-year-old student, was shot dead while handing out bottles of water to protesters in Dhaka on July 18, told DW that he had submitted some evidence to the UN team in connection with his brother’s death.
“I am not very hopeful about the UN team because it is not doing a criminal investigation. It has only been investigating human rights violations. They are not investigating individual criminal cases,” Deepto told DW. “I feel like they are yet to get the full extent of the crimes committed during the mass movement.”
Golam Rahman, the father of 17-year-old student Golam Nafiz, who died of gunshots on August 4 during the anti-government protest in Dhaka, told DW that he has been in contact with the UN team through his lawyer.
“We want the culprits to face justice through fair investigation by the UN. We hope that they will be able to prepare a complete report about it,” Rahman told DW.
Rahman and Deepto want murder charges filed against specific suspects, noting that cases against unidentified individuals often remain unsolved. They called for UN and local support in identifying culprits.
“We expected the interim government to secure evidence to prevent its destruction, but that hasn’t happened,” Deepto told DW. He has yet to file a case but hopes the UN investigation will help identify his brother’s killer using CCTV footage.
“We don’t want to file a case against unidentified suspects,” he emphasized.
When the fact-finding team concludes its investigation, the OHCHR will publish a human rights report setting out its key findings, conclusions and recommendations.
Edited by: Keith Walker