The first test for Bangladesh’s next leadership: free political prisoners and dismantle abusive counter-terror laws

London – Following the announcement of the election results, the test of this new government in Bangladesh will lie in whether the country finally confronts the unfinished legacy of repression under Sheikh Hasina, findings which Out of the Shadow of Hasina demonstrates were the product of a deliberately constructed security state. 

While many “party political” detainees were released following the student uprising, there remain individuals who continue to languish in prison under draconian terrorism-related charges, as well as families still searching for loved ones who were forcibly disappeared. For them, the change in government has not yet translated into justice.

The counter-terrorism architecture that enabled arbitrary detention, enforced disappearance and torture under Sheikh Hasina remains largely intact. Agencies central to that system - particularly the Counter Terrorism and Transnational Crime (CTTC) unit and National Security Intelligence (NSI) - continue to operate with sweeping powers and minimal accountability. Without urgent reform, the same structures that facilitated past abuses risk reproducing them under new leadership.

Of particular concern is the continued use of Article 164, which permits the admission of confessions obtained under coercion and has been repeatedly used to legitimise torture-tainted evidence. As long as such provisions remain in force, the judicial system itself remains vulnerable to abuse.

A genuine break from authoritarianism requires more than electoral change. It requires:

• The immediate review and release of individuals imprisoned under abusive counter-terror provisions, and urgent action to determine the fate of those forcibly disappeared.
• The repeal of the Digital Security Act and abolition of the Anti-Terrorism Act and Anti-Terrorism Tribunal, bringing Bangladesh’s security framework into line with international human rights standards.
• The dismantling of the Rapid Action Battalion (RAB) and the introduction of robust, independent civilian oversight of all security agencies.
• The reform of evidentiary procedures - including the use of Article 164 confessions - to prevent the admission of coerced or torture-tainted testimony.
• The establishment of an independent Truth and Reconciliation Commission, alongside reparations and rehabilitation programmes for survivors and affected families.

Muhammad Rabbani, Managing Director at CAGE International, said: 

“Bangladesh stands at a crossroads. The durability of this transition will depend on whether the new leadership chooses to preserve the architecture of repression - or dismantle it in favour of justice, accountability, and the restoration of fundamental rights.”

[ENDS]

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