Bangladesh Bar Council to Decide on Foreign Lawyers’ Requests to Represent Accused Before ICT

The Bangladesh Bar Council is expected to discuss and decide soon on applications seeking permission to appoint foreign lawyers to represent former military officer Ziaul Ahsan, former Prime Minister Sheikh Hasina’s adviser Salman F. Rahman, and journalist Farzana Rupa in crimes against humanity cases pending before the International Crimes Tribunal (ICT).

Barrister Ruhul Quddus Kazal, chairman of the Bar Council and Bangladesh’s attorney general, confirmed the development on Thursday morning. He said the tribunal had sought the council’s opinion on the matter, but no final decision had been made. The issue is expected to be resolved at the council’s next meeting.

Under existing rules, foreign lawyers must obtain prior permission from the Bangladesh Bar Council to appear in any court or tribunal in the country.

Lawyers representing the accused hope the council will grant permission for foreign legal counsel. The prosecution, meanwhile, has maintained that foreign lawyers would face no legal obstacle to conducting cases if the Bar Council grants the necessary approval.

Former prime ministerial adviser Salman F. Rahman and former military officer Ziaul Ahsan had previously submitted separate applications to the Bar Council seeking permission to engage foreign lawyers in their respective cases.

More recently, two British lawyers—Jonathan Price and Nikila Kaushik, from Doughty Street Chambers in London—applied to the Bar Council by email to represent Farzana Rupa, a former chief reporter at Ekattor Television.

On Wednesday, Rupa’s lawyer, Mahbub Shafik, submitted a formal application to the Bar Council seeking urgent permission for the two British lawyers to appear before the International Crimes Tribunal on her behalf.

The tribunal has scheduled November 1 for a hearing on the framing of charges in Rupa’s case.

The Bar Council’s forthcoming decision will determine whether the foreign lawyers can participate in the proceedings, subject to the applicable legal requirements.