Bangladesh: UNODC boost law enforcement capacities on Mutual Legal Assistance in Criminal Matters

Dhaka, Bangladesh/14 March 2024: The fight against transnational organised crime requires a united front and robust mechanisms for international cooperation. However, a recent study by the Ministry of Home Affairs, and Justice and Care revealed pressing gaps in the country’s approach to transnational trafficking in persons (TIP) cases. Despite the prevalence of cases with international links, the utilization of foreign evidence in investigations and trials has been minimal.

To address this critical issue and to raise awareness on the importance of international cooperation, a pivotal workshop on mutual legal assistance in criminal matters was organized by UNODC--in partnership with the Ministry of Home Affairs, and Justice and Care, under the framework of the Global Action against Trafficking in Persons and Smuggling of Migrants (GLO.ACT) Bangladesh.

The First National Study on Trafficking in Persons in Bangladesh notes that the Prevention and Suppression of Human Trafficking Act, 2012 encourages cooperation with other states and allows the government to enter agreements or sign memoranda of understanding with peer states for the purposes of legal and police cooperation.

In line with the recommendation, the specialized workshop increased awareness on international cooperation and the recently adopted ‘Implementation Guideline for Mutual Legal Assistance in Criminal Matters’ among 36 senior officials from key ministries and law enforcement agencies.

Mr. AKM Tipu Sultan, Additional Secretary of the Ministry of Home Affairs and the project director of GLO.ACT-Bangladesh, emphasized the significance of cooperation. “Aligning with the standard of the international legal framework, the Bangladesh Government enacted the MLA in Criminal Matters Act in 2012 to enhance mutual legal assistance with other countries based on the principle of reciprocity. The Ministry of Home Affairs of Bangladesh is actively engaging in bilateral and multi-lateral meetings with relevant transit and destination countries for Bangladesh,” said Mr. Sultan.

Discussions focused on the importance of utilizing mutual legal assistance mechanisms for conducting transnational investigations, delving into the underlying legal foundations and the practical applications of the recently adopted implementation guideline.

Mr Marco Teixeira, Regional Representative of UNODC South Asia highlighted the role of UNODC in international cooperation in criminal matters. “With its many years of experience acting as the guardian of several international treaties that deal extensively with international cooperation as well as serving as the Secretariat to various relevant inter-governmental bodies, UNODC has firmly established itself as a center of excellence in this area,” said Mr. Teixeira.

The substantive sessions of the workshop were facilitated by UNODC and Justice & Care. Mr. Dimosthenis Chrysikos, Crime Prevention and Criminal Justice Officer of UNODC, discussed Article 18 of the United Nations Convention against Transnational Organized Crime as a legal basis for cooperation in MLA cases, and the MLA writer tool.

Mr. Reza Tariq Ahmed and Mr. Md. Hasibul Islam from Justice and Care jointly presented the ‘Implementation Guideline on Mutual Legal Assistance in Criminal Matters’ adopted by the Government of Bangladesh, along with the Mutual Legal Assistance in Criminal Matters Act, 2012 and its accompanying rules and statutory regulatory orders. Md. Arifur Rahman, Director (UN-HR) of the Ministry of Foreign Affairs, reflect on important aspects including, the feasibility of laws imposing investigation periods for cross-border investigation, translation services and training modules for investigating agencies.

Mr. Abu Hena Mostofa Zaman, Joint Secretary of the Ministry of Home Affairs, shared plans to organize further workshops on MLA at the divisional and field level, underscoring the commitment to building capacity in international legal cooperation.

Serving as a platform of knowledge sharing and collaboration, the workshop empowered participating officials to return to their roles with newfound knowledge and strategies to counter transnational crimes like trafficking in persons.

The activity contributed to SDG 16 and SDG 17: https://sdg-tracker.org/ 

(Supported by European Union)