Decision on Hiring Foreign Lawyers Soon: Attorney General

The Bangladesh Bar Council is expected to decide soon on applications seeking permission to appoint foreign lawyers in crimes against humanity cases pending before the International Crimes Tribunal. Applications submitted by former army officer Ziaul Ahsan, Salman F Rahman, an adviser to former Prime Minister Sheikh Hasina, and journalist Farzana Rupa will be discussed at the council’s next meeting.

Bar Council Chairman and Attorney General Barrister Ruhul Quddus Kazal confirmed the matter on Thursday morning (October 15). He said the tribunal had sought the Bar Council’s opinion on the appointment of foreign lawyers. However, no final decision has been made yet. A decision may be taken after discussion at the next meeting.
Under the existing rules, foreign lawyers must obtain prior permission from the Bar Council to represent clients in courts or tribunals in Bangladesh. Section 11(8) of the International Crimes (Tribunals) Act, 1973, contains provisions on the matter, allowing foreign lawyers to appear before the tribunal subject to the council’s approval.

Earlier, Salman F Rahman and Ziaul Ahsan applied to the Bar Council for permission to appoint foreign lawyers in the cases pending against them. This time, an application has been submitted on behalf of journalist Farzana Rupa seeking permission for two British lawyers to represent her. They are Jonathan Price KC and Nikila Kaushik of Doughty Street Chambers in London.

Farzana Rupa’s lawyer, Barrister Mahbub Shafiq, submitted the application to the Bar Council on Wednesday, seeking permission for the two lawyers to represent her. The two British lawyers had previously applied to the Bar Council by email on October 1. Printed copies of their applications, curricula vitae and other necessary documents have also been submitted, according to relevant sources.

A crimes against humanity case against Farzana Rupa is pending before International Crimes Tribunal-2. November 1 has been set for the hearing on the framing of charges in the case. As the trial progresses, her lawyer has urged the authorities to make a prompt decision on permission for the foreign lawyers.
Defence lawyers hope that, if the Bar Council grants permission, the foreign lawyers will be able to participate in the proceedings before the tribunal on behalf of their clients.

Meanwhile, the prosecution believes that there should be no obstacle to foreign lawyers conducting cases if the required approval is obtained in accordance with the law. However, their participation remains uncertain until the Bar Council makes its decision.