Why Bangladesh Keeps Repeating The Same Pretrial Detention Mistakes

Why Bangladesh Keeps Repeating The Same Pretrial Detention Mistakes

Cycle after cycle, transitions of power in Dhaka look remarkably similar. A regime falls amid mass protests, a new administration steps in promising sweeping institutional transformation, and then the state machinery immediately reaches for the exact same authoritarian tools it just replaced. Right now, hundreds of politicians, activists, and figures linked to the deposed Awami League government are languishing in indefinite pretrial detention without formal charges.

If you expected a clean break from the past following the 2024 uprising and the subsequent election of Prime Minister Tarique Rahman, reality has hit hard. Human rights monitors point out that police have locked up thousands of opposition party officials since Sheikh Hasina fled the country, often using broad allegations of murder tied to the protest crackdowns. Many detainees are older individuals dealing with severe health complications who can't secure basic bail hearings or adequate medical care. At least ten office holders have already died in custody since February 2026.

The Revolving Door of Courtroom Harassment

You might wonder how authorities manage to keep people locked up indefinitely if there is no hard evidence. The mechanism is simple and frustratingly effective. When defense lawyers manage to secure a high court bail order, police simply file a brand-new case against the defendant.

Lawyers across Dhaka now give their clients a grim piece of advice: don't even bother applying for bail. Winning your freedom from a single charge doesn't mean you walk out of prison. It just triggers a fresh arrest warrant for a different incident, creating an endless legal loop designed to bypass judicial oversight entirely.

Consider what’s happening at the domestic International Crimes Tribunal. High-profile figures like former advisor Dr. Tawfiq-e-Elahi Chowdhury and former lawmaker Kamal Ahmed Majumder have spent nearly two years behind bars without trial. Majumder, who is 75 years old, suffered a severe fall resulting in a broken hip and developed gangrene that required the amputation of three toes, yet the tribunal repeatedly denies bail. Ramesh Chandra Sen, an 85-year-old former lawmaker, remained locked up until he passed away in February 2026 after being repeatedly denied proper medical access.

Why Institutional Reform Keeps Stalling

Real accountability requires fair trials, transparent investigations, and strict adherence to due process. When a state relies on sloppy police work, duplicated witness statements, and mass roundups, it fails victims and destroys public trust in the rule of law.

Instead of moving toward transparency, the current legislative trajectory gives cause for alarm. The newly proposed National Human Rights Commission bill, if passed in its current state, would actively strip the commission of its power to investigate arbitrary arrests. Giving state agencies immunity from oversight is a classic playbook move, and it guarantees that abuses will continue unchecked.

If Bangladesh wants to break free from its history of political vengeance, the government has to change course immediately. Pretrial incarceration needs to be a rare exception based on individual necessity, not a default political weapon. Every detainee deserves a speedy trial or immediate release. Until leadership stops using the justice system to settle scores, the cycle of abuse will simply repeat itself under a different flag.

MT

Michael Torres

With expertise spanning multiple beats, Michael Torres brings a multidisciplinary perspective to every story, enriching coverage with context and nuance.