Sheikh Hasina, the former Prime Minister of Bangladesh, has put in place robust legal mechanisms that virtually ensure she and her family members are shielded from any judicial accountability within the country, even for alleged crimes against humanity. Central to this protection is the enactment of “The Protection of Family Members of the Father of the Nation Act, 2009,” a law specifically designed to provide lifelong security and privileges to Sheikh Hasina, her sister Sheikh Rehana, and their descendants.
The Legal Shield: “The Protection of Family Members of the Father of the Nation Act, 2009”
This 2009 law is pivotal in ensuring that Sheikh Hasina and her family remain beyond the reach of conventional legal procedures in Bangladesh. The law defines the “family members” as Sheikh Hasina, Sheikh Rehana, and their children. It asserts that it will take precedence over any other law, effectively placing the family members above the general legal framework of the country.
Key Provisions:
- Section 2: Defines the protected family members as the living daughters of Sheikh Mujibur Rahman (Sheikh Hasina and Sheikh Rehana) and their children.
- Section 3: Asserts that this law will supersede any conflicting laws, granting it supreme authority.
- Section 4(1): Mandates that the government provides lifelong and comprehensive security to these family members, akin to the protections granted to VIPs under the Special Security Force Ordinance, 1986.
- Section 4(2) & 4(3): Empowers the family to dictate their security preferences and mandates the government to provide safe housing and any other necessary facilities to ensure their safety.
Reinforcement Through the Special Security Force Act, 2021
In 2021, the Special Security Force Ordinance, 1986 was repealed and replaced by the Special Security Force Act, 2021, which expanded the protective measures. This act categorizes Sheikh Hasina and her family as “Very Important Persons” (VIPs), thus entitling them to security provided by the Special Security Force (SSF), an elite unit tasked with the protection of key figures.
Notable Provisions:
- Section 2(ka), (ga), and (nga): Officially designates the family members of Sheikh Mujibur Rahman as VIPs, securing them under the protection of the SSF, with extensive measures to ensure their safety and security.
The Implications of These Laws
These legislative measures effectively place Sheikh Hasina and her family beyond the reach of judicial processes in Bangladesh. The “Protection of Family Members of the Father of the Nation Act, 2009,” coupled with the Special Security Force Act, 2021, ensures that any attempts to hold Sheikh Hasina accountable through the Bangladeshi legal system would be extremely difficult, if not impossible.
The Broader Context
This legal shield significantly complicates the possibility of bringing Sheikh Hasina to justice within Bangladesh, regardless of the gravity of the allegations against her. The continuation of her political influence through an Awami League-aligned president and undismissed top military and police officials adds another layer of protection.
For those hoping to see Sheikh Hasina face judicial proceedings in Bangladesh, these laws present an almost insurmountable barrier. The reality is that these legal frameworks were strategically designed to protect her and her family, effectively making them immune to the country’s legal system. Therefore, any hope of holding her accountable would likely require international intervention rather than relying on domestic legal processes.
