Salman, Anisul and Three Others Denied Foreign Lawyers at Tribunal as Bar Council Rejects Applications Unanimously

Five accused, including former law minister Anisul Haque and Salman F Rahman, adviser on private industry to deposed prime minister Sheikh Hasina, will not be allowed to engage foreign lawyers to fight their cases at the International Crimes Tribunal (ICT). On Thursday (October 29), the Bangladesh Bar Council unanimously rejected their applications seeking that permission.

According to Bar Council sources, the applications were rejected citing several reasonable grounds. Council chairman and Attorney General Barrister Ruhul Quddus Kaiser presided over the meeting, which was attended by the council's other members.

Three of the five are Anisul Haque, Salman F Rahman and former state minister Zunaid Ahmed Palak, who were arrested in cases over crimes against humanity committed during the July mass uprising.

The other two are former army officer Major General (retd) Ziaul Ahsan, accused in a crimes against humanity case formed over allegations of enforced disappearances, killings and extrajudicial killings during the previous Awami League government, and journalist Farzana Rupa, a former special correspondent of Ekattor TV, accused of preparing a report intended to divert the Shapla Chattar Hefazat-e-Islam rally massacre incident in Motijheel into a different direction.

All five had applied to the Bar Council for permission to engage foreign lawyers to conduct their respective cases. At the meeting held on Thursday afternoon, members gave their opinions on those applications and unanimously rejected them.

According to meeting sources, there is no custom or precedent in Bangladesh for engaging foreign lawyers to conduct cases in the country's courts. It was also noted at the meeting that foreign lawyers cannot directly conduct cases in the courts of many countries of the world, including Sri Lanka.

In the Bar Council's view, if a foreign lawyer were allowed to conduct a case and then committed professional misconduct, there is no provision in the Bar Council Act to hold that lawyer accountable or to take action against them.

Considering all aspects, it was decided not to allow foreign lawyers to plead directly in Bangladesh's courts. However, foreign lawyers will remain free to assist the accused's local lawyers with advice or as consultants, the decision said.

Asked about the matter, Bar Council member and Supreme Court senior lawyer Barrister Badruddoza Badal said a decision had been taken at the meeting and specific reasons had been stated in favour of that decision.

Barrister Badruddoza Badal added that the decision will be published in written form after it is formally approved at the next meeting.