Human Rights Watch Raises Concern Over Long Pretrial Detention in Bangladesh
Human Rights Watch (HRW) has called on Bangladesh to take urgent steps to end the prolonged detention of people before their trials begin. The international rights organization says hundreds of people, including political opponents and former officials, have remained behind bars for extended periods without formal charges being brought against them.
According to HRW, serious crimes must be investigated and those responsible must face justice. However, keeping people in prison for years without credible evidence or a formal trial can conflict with basic principles of justice. The organization has also highlighted the need to protect the rights of elderly and seriously ill detainees, particularly their access to medical treatment and bail.
The concerns were raised in a report published Monday. HRW examined Bangladesh’s human rights situation following the political change in August 2024.
Mass Arrests After the 2024 Political Change
After Sheik Hasina left the prime minister’s office in August 2024 following weeks of protests and political unrest, authorities began filing cases and making arrests involving people linked to the Awami League and the former government.
HRW said some of those cases involve serious allegations, including killings, disappearances, violence during protests, and excessive use of force by security personnel. Such allegations require proper investigation and, where evidence exists, prosecution.
At the same time, the organization said many people have been arrested even though specific evidence against them has not been publicly established. The report also points to elderly detainees who require regular medical care and who have faced difficulties obtaining bail.
Concerns Over New Cases After Bail
One of HRW’s major concerns is the alleged use of additional cases to prevent detainees from being released after they obtain bail.
According to the report, some detainees have faced repeated bail rejections in lower and district courts. In other cases, even when the High Court granted bail, authorities allegedly showed the person arrested in another case before the bail order could be executed, resulting in release.
HRW says such practices can weaken public confidence in the justice system. If a court grants bail but a detainee remains behind bars because of another case, the effectiveness of judicial remedies can become a serious question.
Former Chief Justice Khairul Haque’s Case
HRW highlighted the case of 82-year-old former Chief Justice A.B.M. Khairul Haque as an example of prolonged detention.
The report says he was arrested on July 24, 2025, over an allegation involving the killing of a protest participant. He was subsequently shown to have been arrested in several other cases, including those involving corruption-related allegations.
His age and health have also become central concerns. According to his family, he suffered a heart attack while in custody. Despite this, lower courts rejected bail applications in different cases.
The High Court later granted him bail, but before he could leave prison, authorities allegedly showed him arrested in two additional cases. Further bail applications were rejected before the High Court again granted relief. Another murder case was then filed before his eventual release following intervention by the Appellate Division on August 19.
HRW said no formal charge had been framed against him throughout the lengthy period of detention described in the report.
Lawyers Fear Bail May Lead to New Cases
The report also describes frustration among lawyers representing people who have spent long periods in custody.
Some lawyers reportedly said they had become reluctant to seek bail for their clients because they feared that a new case could be filed if bail were granted. That could mean a detainee wins freedom in one case but immediately remains in custody because of another.
Such a situation raises difficult questions about the practical value of bail orders. A court’s decision to release someone becomes less meaningful if another case can immediately prevent that person from leaving prison.
Questions About International Crimes Tribunal Detentions
HRW has also expressed concern about people detained under Bangladesh’s International Crimes Tribunal.
The organization said the law is intended to allow detention before charges are framed for more than one year only in exceptional circumstances. Yet, according to the report, more than 160 people currently detained in connection with the tribunal had not received bail.
HRW has also raised questions about the available appeal mechanisms against such decisions.
The organization argues that pretrial detention should serve a specific legal purpose. It should not be used as an alternative form of punishment before a person has been convicted.
Elderly Detainees Facing Long Periods Behind Bars
The human cost of prolonged detention is particularly significant for elderly detainees.
HRW cited the case of 81-year-old former adviser to Sheik Hasina, Toufiq-e-Elahi Chowdhury. He was detained in October 2024 and, according to the report, had still not faced formal charges nearly 22 months later.
He applied for bail in April 2026, but the tribunal rejected the request. HRW said no explanation was provided for why such a lengthy detention met the legal requirement for exceptional circumstances. Hearings were also postponed several times, with the latest hearing delayed until the end of August.
Serious Health Problems Among Prisoners
HRW has also drawn attention to detainees facing severe medical problems.
The report mentions 75-year-old former lawmaker Kamal Ahmed Majumder, whose family said he developed gangrene while in prison. Three toes had to be amputated, and he later suffered a broken hip after a fall. His bail application was reportedly rejected despite his serious health condition.
Another 75-year-old detainee, Shahriar Kabir, reportedly requires a wheelchair. Rights activists have called for his release.
The report also mentions 71-year-old R.A.M. Obaidul Muktadir Chowdhury, who has reportedly suffered serious heart problems while in detention.
HRW says these cases demonstrate why the treatment of elderly and seriously ill prisoners requires particular attention.
Deaths in Custody Raise Further Concerns
Deaths among detainees have added another layer to the concerns surrounding Bangladesh’s prison system.
HRW referred to the death of 85-year-old former lawmaker and Awami League leader Ramesh Chandra Sen, who had been arrested in August 2024 in cases involving allegations under murder and explosives laws. He died in custody on February 7, 2026.
His family alleged that he did not receive the necessary medication and that his bail application had been rejected.
The report also mentions the death of S.M. Ziaul Zia, a 65-year-old member of the Jamalpur district Awami League. His family said he was already ill when he was detained. He later died on April 14 after his bail application was rejected.
These deaths have intensified questions about access to healthcare and medical treatment for people held in custody.
What International Human Rights Standards Say
HRW acknowledges that international human rights law does not completely prohibit pretrial detention. However, detention before trial should not become routine.
Courts should consider the circumstances of each case and determine whether detention is genuinely necessary. Possible concerns such as flight risk, interference with witnesses, or obstruction of an investigation can justify restrictions in appropriate circumstances.
But political identity alone should not be used as a reason to keep someone in prison indefinitely.
People held before trial should also receive a timely judicial process. When proceedings take too long, courts should consider release or appropriate bail. The basic principle of presumed innocence remains important until a court establishes guilt.
HRW Questions Proposed National Human Rights Commission Law
The proposed framework for a new National Human Rights Commission has also attracted criticism from HRW.
The organization is concerned that the proposed law could limit the commission’s ability to independently investigate allegations of arbitrary arrest and prolonged detention.
HRW says an effective human rights body should have the independence and authority to receive complaints, investigate them, and make appropriate recommendations. This is particularly important after major political changes, when allegations of politically motivated arrests or harassment may arise.
HRW Calls for Justice and Legal Reform
Elaine Pearson, HRW’s Asia director, said Bangladesh should end the practice of holding political opponents indefinitely. According to her, ending prolonged detention based on political identity should be an early part of fulfilling promises of reform.
She also warned about the consequences of elderly detainees dying in prison before formal charges are brought against them. HRW has called for independent investigations into deaths occurring in custody and urged authorities to stop keeping people behind bars for extended periods without charges.
Bangladesh Faces a Test of Justice and Rule of Law
Bangladesh’s political transition since 2024 has created strong demands for accountability over serious crimes. Those responsible for killings, disappearances, torture, and other abuses should face justice when credible evidence supports prosecution.
At the same time, the justice process must remain fair and independent. Political affiliation should not substitute for evidence, and pretrial detention should not amount to punishment before conviction.
The central challenge is to protect both accountability and due process. Courts must remain independent, bail rights must be meaningful, trials should move forward without unnecessary delays, and prisoners should receive adequate medical care.
HRW’s message is ultimately about maintaining that balance: serious crimes must be investigated and prosecuted, but people should not spend years in prison before trial simply because of their political identity or past associations. Ensuring the rule of law and protecting fundamental rights will be critical to Bangladesh’s promised reforms.
