Statement Calling for the Immediate Release of Human Rights Defender Shahriar Kabir from Detention in Bangladesh

The Lemkin Institute for Genocide Prevention and Human Security calls on the Bangladeshi authorities to immediately release veteran journalist, celebrated author, and globally recognized human rights defender Shahriar Kabir, 75, whose continued detention represents a serious violation of fundamental civil and political rights and Bangladesh’s international legal obligations.

Personnel of the Detective Branch of the Dhaka Metropolitan Police arrested Mr. Kabir shortly after midnight on 17 September 2024. The officers did not inform him of the specific charges or the legal basis for depriving him of his liberty, nor did they inform his family of his whereabouts. Authorities later told him that they had arrested him in connection with a murder case; however, they presented no prima facie evidence at the time of arrest. Authorities carried out his arrest and subsequent detention with serious procedural irregularities, including failure to comply with the binding guidelines of the Supreme Court of Bangladesh governing arrest, remand, and due process. These events occurred within a week of the formation of the new interim government of Bangladesh led by Muhammad Yunus.

Mr. Kabir was subsequently also arrested in a case at the International Criminal Tribunal of Bangladesh (ICTB), a tribunal established to try perpetrators of the 1971 genocide, for crimes against humanity and genocide related to killings that occurred during a law enforcement operation against participants in a Hefazat-e-Islam protest in Dhaka on 5 May 2013, while still in detention in relation to other cases. Former Prime Minister Sheikh Hasina and dozens of others have been named in the case. Kabir never held a government post and had nothing to do with the law enforcement action undertaken by the Bangladeshi state.

Kabir will be brought before the International Crimes Tribunals on 12 January 2025, which could result in the imposition of an indictment in relation to the 2013 incident. Given the behavior of the interim government and courts since August 2024, we do not expect Kabir’s trial to be conducted according to the legal requirements of the Bangladesh Constitution or in line with international legal standards. The case will likely be decided against Kabir in the absence of evidence and due process, and he will be sentenced to death.

It appears that Mr. Kabir’s deprivation of liberty is directly linked to the respect he enjoys among Bangladeshis, especially the youth, and his long-standing advocacy for secularism, his opposition to religious extremism, and his public criticism of Jamaat-e-Islami, the largest Islamist party in Bangladesh, which was complicit in Pakistan’s 1971 genocide committed against the Bengali nation. During bail proceedings for an unfounded murder charge, the prosecution explicitly referred to an unrelated televised debate between Mr. Kabir and a religious leader, and openly stated that his detention is in fact rooted in his political views rather than any substantiated criminal conduct. His deprivation of liberty prevents him from voicing criticism of the current government, advocating for secularism, and travelling abroad to speak about challenges to democracy in Bangladesh today.

Mr. Kabir, who uses a wheelchair and suffers from multiple age-related and chronic medical conditions, was denied access to necessary medication at the time of arrest and has since been held in conditions that fail to meet minimum standards of humane treatment. He has been subjected to repeated remand orders despite his deteriorating health, and applications for adequate medical care and special treatment in detention have been repeatedly rejected. Reports indicate that he has not received necessary medicines or appropriate medical treatment, in violation of international human rights standards.

During court appearances, mobs in the court attacked and verbally abused Mr. Kabir while he remained in handcuffs and wore heavy protective gear, including a helmet and a bulletproof vest. A video of the mob that was released on social media shows police protecting themselves rather than Mr. Kabir. Court authorities denied him access to a wheelchair, barred him from using the elevator to access the courtroom, prevented him from sitting during proceedings, and obstructed his ability to be represented by legal counsel of his choice by allowing an unsafe courtroom environment to persist. Authorities thereby failed to protect his safety and dignity and failed to ensure effective legal representation.

According to the findings of the United Nations Working Group on Arbitrary Detention, Mr. Kabir’s detention is arbitrary, falling under Categories I, II, III, and V. His deprivation of liberty lacks a clear legal basis, violates his rights to freedom of expression, opinion, association, and peaceful assembly, and has been imposed in response to his long-standing advocacy for secularism, human rights, and accountability. The proceedings against him have also failed to meet basic fair trial guarantees, including the right to legal counsel, the presumption of innocence, and protection from ill-treatment.

The Lemkin Institute underscores that Bangladesh is bound by its obligations under international human rights law, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as its own constitution. The continued detention of Mr. Kabir represents a serious violation of these obligations and has had a chilling effect on freedom of expression and civic space in Bangladesh.

We therefore call on the authorities of Bangladesh to immediately release Mr. Shahriar Kabir, ensure his access to adequate medical care, and guarantee his safety, dignity, and fundamental rights. We further urge the Government to end the exploitation of criminal law to silence peaceful dissent and to uphold the rule of law, judicial independence, and the protection of human rights for all. Nobel Laureate Dr. Yunus must intervene in this terrible miscarriage of justice, as it is a black mark against the Interim Government he oversees.