The interim government is set to enact the July Uprising Protection and Liability Ordinance next week, granting legal indemnity to individuals involved in activities carried out as part of political resistance during the July mass uprising against the Awami League government.
The Advisory Council approved the ordinance at a meeting held on Thursday, January 15, at the Office of the Chief Adviser in Tejgaon, Dhaka, chaired by Chief Adviser Professor Muhammad Yunus.
Law, Justice and Parliamentary Affairs Adviser Professor Dr Asif Nazrul said the ordinance would come into force through a gazette notification within the next five to seven days.
Scope of indemnity
Dr Nazrul said the ordinance exempts participants of the July uprising from criminal liability for activities carried out between July 1 and August 31, provided those actions were undertaken with the objective of restoring democratic governance through the fall of what he termed the “fascist government”.
“This is our commitment to the people who took part in the July uprising,” he said, adding that the ordinance reflects the government’s responsibility towards those who made sacrifices for democracy, freedom and human rights.
Rationale behind the move
Explaining the rationale, Dr Nazrul said it was the moral responsibility of the state to ensure protection and security for those who participated in the uprising.
“Today we are breathing free air, enjoying democracy and human rights because of their sacrifices,” he said. “Governments may change in the future, political paths may shift, but this law is primarily aimed at safeguarding the future of those who took part in the July uprising.”
Withdrawal of cases, bar on new ones
Under the ordinance, cases filed over activities related to political resistance during the uprising will be withdrawn, and no new cases can be lodged for such actions.
However, Dr Nazrul made it clear that the indemnity would not apply to crimes committed for personal, narrow or malicious interests.
“If anyone committed murder in the name of political resistance for reasons of greed, revenge or personal gain, they will not be exempted from criminal liability,” he said.
Role of Human Rights Commission
Determining whether a killing was linked to political resistance or personal motives will fall to the Human Rights Commission, Dr Nazrul said.
If the family of a victim believes that a killing was carried out for personal or narrow interests rather than as part of the uprising, they may file a complaint with the commission. The commission will investigate such cases and submit its findings to the court.
Drawing a historical parallel, Dr Nazrul noted that although Bangladesh achieved victory on December 16, 1971, indemnity provisions at that time remained in effect until February 29, 1972.
Formal approval
Speaking at a press conference at the Foreign Service Academy later in the day, Dr Nazrul iterated that the Advisory Council had approved the draft July Mass Uprising Protection and Liability Determination Ordinance.
“We had earlier announced this as our commitment to the July uprising. The ordinance has now been approved, and we hope it will become law through a gazette notification within the next five to seven days,” he said.