Over the past several decades, there has been a substantial rise in acts of terrorism worldwide, resulting in significant improvements to national security strategies and the implementation of strict anti-terrorist legislation. Civil liberties are frequently seriously threatened by domestic and international anti-terrorism initiatives, although there seems to be a conflict between national security and human rights (Shafiq & Faruque, 2024). Terrorism is not a recent occurrence. The events of 9/11 signified the beginning of the War on Terror initiated by US President George W. Bush. As a result, the United States and its global partners implemented a variety of measures to address terrorist threats both within their own countries and internationally (Dhillon & Rudd, 2016). The Prevention of Terrorism Act (POTA) was enacted after the 9/11 attacks. The advent of ISIS in the early 2010s added a new dimension to global terrorism. In line with terrorism, several acts have been introduced to fight against terrorism by global actors and countries Shahjalal M., (2020).

As the world is connected, Bangladesh is not safe from the wave of terrorism. The history of terrorism in Bangladesh has evolved over the past few decades, tremendously influenced by not only domestic extremists but also different global extremist groups. The origins of terrorism in Bangladesh were found back after the liberation war in 1971 and spread drastically with time. After the 1990s, various extremist groups, such as Harkat-Ul-Jihad al-Islami (HUJI), Jamaat-Ul-Mujahideen Bangladesh (JMB), Ansar-al-Islam, etc., gradually activated their insurgency in this area. So, to protect the national interests and safeguard peoples lives from any kind of terror attack, the Bangladesh government introduced several acts and ordinances. However, significantly, the language of terrorism is sometimes employed to excuse the infringement of civil liberties. To ensure security and stability, it is necessary to implement efficient anti-terrorism measures. However, these actions should be carried out in a manner that respects individual rights. And adheres to the principles of due process of law. Bangladesh has not only established many laws to combat terrorism and promote national security but also introduced many national laws and regulations under international treaties to ensure individuals fundamental rights. However, those acts have sometimes been controversial, particularly regarding their consequences on civil liberties. This article explores how states violate civil liberties while addressing effective anti-terrorism initiatives. It analyzes the link between anti-terrorism initiatives and civil liberties, which offers a general concept about terrorism, anti-terrorism acts, and civil liberties. This study also investigates anti-terrorism tactics imposed by international law and domestic legislation. It also underlines how anti-terrorism measures infringe on civil liberties in Bangladesh and how a practical approach may ensure balance between them.

Terrorism, Anti-Terrorism, and Civil Liberties

Terrorism, anti-terrorism, and the rights of civilians are interconnected with each other. However, their relationship does not always go in the same direction. Terrorism is commonly characterized as the illegal execution or threat of violence, especially against human beings, to achieve specific purposes. The act of terrorism is not enclosed by any particular religion, demography, or country (Dhillon & Rudd, 2016). Terrorism is planned political action against non-combatant civilians by specified groups or hidden operatives, typically intending to achieve something (U.S. Department of State, 2001). The General Assembly resolution 49/60 criminalizes certain armed activities deemed "terrorist" for political reasons, regardless of political, intellectual, ideological, ethnic, or religious considerations (United Nations Office on Drugs and Crime, 2018). Terrorism can be both domestic and international. Most of the time, terrorist attacks violate several civil liberties and human rights. Anti-terrorism means preventing, detecting, and reacting to terrorist activities in the most effective way. Anti-terrorism encircles a wide range of activities like formulating strategies, collecting intelligent information, negotiation, operation, etc. Anti-terrorism act plays a vital role. However, many human rights organizations criticized the anti-terrorism acts as a menace to civil liberties and the judicial system. Civil liberties denote the essential human rights afforded to every individual, safeguarding them against any type of official persecution. The availability and universality of these rights serve as a critical measure of a nations democratic status. Civil liberties are fundamental advantages and benefits citizens enjoy, often established in legislation or legal frameworks. Civil liberties include freedom of speech, right to privacy and a fair trial, freedom of religion, freedom of the press, right to protection, and due process. So, drawing relationships among them is a complex and challenging task. Anti-terrorism acts can sometimes backfire on their intended goals. So, balancing is the key issue for preserving civil liberties and effective anti-terrorism operations.

Anti-Terrorism Legislation in Bangladesh

Anti-Terrorism Act, 2009

Bangladesh has implemented several pieces of legislation to address the threat of terrorist activities that comply with United Nations Security Council (UNSC) Resolution 1624 (2005). In February 2009, Bangladesh adopted the Anti-Terrorism Act, 2009. The Anti-Terrorism Act of 2009 is designed primarily to address and neutralize acts of terrorism and any related activities emerging within the country. A detailed definition of terrorism and other related terms are included here. This act also included severe penalties for terrorist activities, preventive detentions for suspected criminals, detentions without any charge (up to 120 days), establishing special tribunals for prompt trials, and financial crimes related to terrorist activities and their penalties. Besides, it incorporated the safeguarding of fundamental human rights to suspects. Human rights organizations such as Amnesty International and The International Federation for Human Rights have highlighted concerns with Bangladesh Anti-Terrorism Act of 2009. Preventive detention without any formal charge is a serious violation of civil liberties (Amnesty International, 2024). The state or its agents perpetrated unjustified or unlawful executions, including extrajudicial killings, in the guise of anti-terrorism (U.S. Department of State, 2022). Different reports showed that several false charges can be used to suppress political opponents rather than genuine terrorists. Twenty-four extrajudicial killings and fifty-two arbitrary dis-appearances in 2023, and at least 16 victims were subjected to forcible disappearance within the first six months of this year (Odhikar, 2024). Human rights organizations are concerned that the special tribunals formed under the Anti-Terrorism Act 2009 might not always ensure equal and fair trials for everyone. Many organizations and lawmakers term the anti-terrorism act a “Black Law” not only for its legislative weakness but also for a weapon of severe violation of civil and human rights.

The Prevention of Terrorism Act, 2013

The Anti-Terrorism (Amendment) Bill 2013 was passed in the Bangladesh parliament on June 11, 2013. In the prior amendment to this Act in 2012, the death sentence was established as the maximum possible punishment for terrorist activity (International Federation for Human Rights, 2012). Some fundamental changes were introduced and updated in this amendment from the previous Anti-Terrorism Act, 2009 (ATA, 2009). The Prevention of Terrorism Act of 2013 broadened the definition of terrorist activities from the previous one. It also included comprehensive provisions for terrorist financing, more detailed provisions for special tribunal guidelines, and a more precise method of combating terrorism. The Prevention of Terrorism Act, (2013) changed the preventive detention tenure from 120 days to 90 days without any formal charge. But it still has a concern for violating basic civil liberties. Though it amplifies the power of law-and-order agencies, they must inform the magistrate about the crime before filing a case against any person or entity. This legislation grants tribunals the authority to include videos, photos, and audio recordings obtained from online platforms as evidence in proceedings. Despite the amendments made to its provisions, human rights groups and parliamentarians expressed skepticism over the guarantee of civil rights and the effectiveness of anti-terrorism measures.

The Digital Security Act, 2018

Ignoring the critiques from various human rights organizations and media, The Bangladesh Parliament enacted the Digital Security Act on September 19, 2018. The goal of the Digital Security Act of 2018 is to prevent the spread of discrimination, extremism, terrorist rumors, and animosity against religious or ethnic minorities via social media, traditional public-cations, or any other space. The act is drafted based on the Information and Communication Act 2006. This Act includes measures for countering cyber-crimes such as security breaches, identity theft, and data theft, as well as spreading rumors and misinformation that threaten personal and national security. Law enforcement authorities have excessive power to monitor digital activities through illegal devices (like Pegasas). This type of activity becomes a concern for everyone, affecting their privacy and violating their freedom of expression. The Digital Security Act 2018 is also criticized for providing vague definitions of derogatory information, propaganda against the liberation war, anti-state activities, etc. Under Section 8 of the DSA, any information deemed to be inappropriately provided on the digital platform can be removed or blocked by the BTRC. Under Section 29 of DSA, “To publish, broadcast, etc., defamation information," On 29 March 2024, journalist Shamsuzzaman Shams was illegally detained and imprisoned under the DSA for spreading “defamatory, fake, fraudulent information (Amnesty International, 2024). Kishore and Ahmed, two journalists, are being charged under sections 25, 31, and 35 of the DSA (International Federation for Human Rights, 2021). Journalists suffered rising threats and allegations amid an ongoing crisis for freedom of the press. Khadijatul Kubra, a 17-year-old university student, was arbitrarily detained for 14 months for a statement against the government under the DSA Act. Sultana Jasmine, an official jailed by the DSA, died in custody due to an internal brain hemorrhage. According to the report from the Daily Star on May 1, 2024, 1436 cases were filed under the DSA Act from October 2018 to September 2023; 4520 people were accused, and 451 journalists were enlisted (The Daily Star, 2024). Those scenarios made Bangladesh account for 165 out of 180 nations on the World Press Freedom Index in 2024, which provided a clear picture of the restriction of freedom of expression (World Press Freedom Index, 2024).

The Cyber Security Act 2023

The repressive and criticized Digital Security Act (DSA) was repealed and reinstated by an almost similar Cyber Security Act (CSA) in September 2023. Amnesty Internationals study revealed that the Cyber Security Act preserves 58 of the 62 sections of the DSA: 28 provisions are preserved identically, whereas 25 sections remain with slight changes. Five additional sections are conserved with minimal alterations to the formality. The Cyber Security Act only has an additional section, which is punished for presenting fake allegations. As a result, the CSA recognized 58 of the DSAs 59 provisions, either literally or with minor or practical changes. So, the stakeholders called the newly passed act "old wine in a new bottle." In June 2022, nine recommendations were made to replace the DSA with the CSA. They recommended the repeal or revision of the converging sections (8, 21, 25, 27, 28, 29, 31, 32, 43, 53) (The Office of the High Commissioner for Human Rights, 2022). On September 14, 2023, the US Ambassador spoke about the recently passed CSA in the Bangladesh parliament. They stated that “the administration of Bangladesh neglected to give people enough chance to evaluate and offer feedback on the recently passed law to ensure global standards; unfortunately, the CSA preserves many characteristics of the prior version, the Digital Security Act. The latest law continues to discourage freedom of expression, keeps non-bailable charges, and readily applies to arrest, imprisonment, and suppression of opponents (U.S. Embassy Statement on the Passage of the Cyber Security Act, 2023). Experts suggested that a Cyber Safety Act is more important to achieving the goals than this repressive Cyber Security Act.

In the context of anti-terrorism, the Bangladesh government introduced and rectified provisions related to anti-terrorism where they were needed. The Money Laundering Prevention Act 2012 addresses not only financial crimes but also terrorist financing and its penalties. The Penal Code and Code of Criminal Procedure (CrPC) introduced subsequent amendments to cope with the changes.

Impact on Civil Liberty

Freedom of expression

It is vital to provide freedom of expression for all persons to foster democratic principles and improve societys well-being. But this essential right is frequently infringed over the world. The influence of anti-terrorism legislation on Bangladeshs freedom of expression has been a serious concern. The government escalated its enforcement of restrictions on the rights to freedom of expression using the powers granted by the Anti-Terrorism Acts, Digital Security Acts, and other legislation. Many journalists and protesters were threatened and suppressed by the government by restricting free speech and their right to privacy. The Bangladesh government implies Section 25 (transmission, publication which is offensive, false, or threatening data information), Section 29 (publication of defamatory information through any platform), and Section 31 (offense and punishment for deteriorating law and order, etc.) of the Digital Security Act 2018 to suppress the freedom of expression. Shamsuzzaman Shams, Ayub Meahzi, Rozina Islam, and many more journalists are being detained due to raising their voices against the authorities (Amnesty International, 2021). Doinik Dinkal (a well-circulated daily newspaper) has been shut down, and many more publications have been censored. This type of restriction is a blatant violation of Article 39(1): Freedom of thought and conscience is guaranteed. (b) Freedom of the press is guaranteed but also inconsistent with Article 19(2). According to the International Covenant on Civil and Political Rights (ICCPR), everyone has the right to speech. Human Rights Watchs investigation names 86 activists, individuals, and political opponents who disappeared in the preceding decade (Al Jazeera, 2021).

Right to Privacy

Individual privacy depends on the availability of fundamental rights, both online and offline. Multiple human rights accords, both national and international, declared the importance of these basic civil rights. Article 43 of the Constitution of Bangladesh in Part III formally guarantees the right to privacy. It also included privacy against surveillance, seizure, and communication. Article 32 of the Constitution encompasses personal liberty, and Article 39 ensures freedom of thought. The legislation did not forbid undue interference in private space. Security and law enforcement organizations could track confidential conversations with the approval of the Ministry of Home Affairs; however, law enforcement rarely asked for this authorization while monitoring private conversations (U.S. Department of State, 2022) - numerous accusations of privacy invasion against the government and private sector organizations, including hackers. For instance, the BTRC (Bangladesh Telecommunication Regulatory Commission) gathered mobile information of the individuals of 184 upazilas during the eleventh parliamentary election in 2018 (Prothom Alo English, 2021). Therefore, it becomes a challenge to ensure privacy and effective anti-terrorism measures.

Freedom of Assembly

Public gatherings are necessary for maintaining government transparency and voicing demands on crucial issues. While it is needed to achieve a harmonious balance between peoples rights and other opposing interests (The Daily Star, 2024), citizens are granted the freedom to gather and engage in peaceful public gatherings and processions without weapons, the constitution of Bangladesh mentioned in article 37. Press coverage has extensively documented instances where authorities consistently banned assemblies organized by opposition parties and set unjustifiably rigorous requirements for getting authorizations. Law enforcement authorities, particularly the governing partys supporters, frequently employ coercion to prevent or scatter protests organized by opposition parties, groups, and individuals (U.S. Department of State, 2023). Freedom of assembly is also prohibited by the name of terrorism and social disturbance. Sometimes, not only legal actions by the authorities but also forceful actions taken by politically striking groups have been taken to impede peaceful assembly. According to Article 4 of the United Nations Basic Principles regarding the Use of Force and Weapons, policemen are advised to attempt peaceful methods before using force and weapons. Regrettably, it appears that Bangladeshi police employ indiscriminate brutality to disband peaceful demonstrations and protests.

Right to a Fair Trial

One of the cornerstones of a democratic nation is the fundamental right to a fair trial, sometimes known as the "fair execution of justice.” The privilege guarantees everyone a fair and unbiased trial in legal processes. Article 14 of the International Covenant on Civil and Political Rights (ICCPR) states that every individual will be deemed equivalent before the courts and tribunals (United Nations Human Rights Office of the High Commissioner, 1966). In the decision of any criminal allegations against him or of his rights and responsibilities in an action at law, everyone must be allowed an open and transparent trial by a skilled, unbiased, and impartial tribunal constituted by law (Dhaka Tribune, 2024). Also, Article 35 of the Constitution of Bangladesh ensures the right to a fair trial. It assures that all individuals will have a free and open trial by a neutral tribunal. The administration typically overlooked judicial independence and fairness. The judiciary was hindered by injustice and a massive backlog of cases, and many defendants were effectively barred by the granting of extended continuance from having fair trials (U.S. Department of State, 2022). Despite the laws and legislation restricting abuse and any other form of inhumane, cruel, or punitive penalties, human rights groups and media reveal that law enforcement agencies used brutality and inhumane or abusive treatment or penalty. 

Arbitrary Detention and Torture

The arrest and incarceration of a person by a government agency without the assurance of a fair trial or adherence to proper legal procedures is known as arbitrary detention. Another valid reason for limiting someones liberty could also result in illegal or arbitrary detention. Article 36, Section 1(c) of the Vienna Convention on Consular Relations, Article 9 of the Universal Declaration of Human Rights, and Article 9 Section 1 of the International Covenant on Civil and Political Rights all address arbitrary detention.  Article 33 of the Constitution of Bangladesh guarantees protection from arbitrary detention. Many human rights representatives and bloggers have been arbitrarily sentenced under oppressive legislation, such as the Digital Security Act 2018 and the Cyber Security Act 2023 (OMCT SOS and Torture Network Bangladesh, 2024). Strengthening protections, providing unbiased supervision, and convicting criminals responsible are all important for ensuring civil liberties.

Balancing National Security and Civil Liberties

In todays lightning-fast and perpetually evolving world, balancing national security and civil liberties is challenging. Anti-terrorism operations must adhere to fundamental human rights to create a practical framework. It is vital to find a balance between basic civil liberties and counterterrorism measures since anti-terrorist actions may influence them (Shafiq & Faruque, 2024). After the incident of the 9/11 attack, both the international community and many nations introduced anti-terrorism acts that ignored fair trials and civil rights standards. Arbitrary detention, camera trial, and misrepresentation of terrorist definition seriously violate fundamental rights. Also, there has been a broad meaning of terrorism that allows for possible harmful applications (Rastegari & Nordin, 2012).

In addition to defending its citizens, national security attempts to protect a nation from external hazards. On the other side, civil liberties indicate the basic advantages and benefits that each person receives access to, such as freedom of expression, privacy, and equal justice. The policymakers routine responsibility is to balance between them. However, surveillance is necessary for national security and potential threats to mankind. But when this type of surveillance violates fundamental privacy and civil rights that is concerning. In Bangladesh, in reaction to expanding ICT usage, terrorist operations have diversified their forms, and the overall number of deadly assaults has grown (Sharma, 2021). So, the recommendation to the government and law enforcement agencies is to ensure accountability and transparency in surveillance, investigation, and the justice system to gain peoples trust. To combat anti-terrorism, the primary strategy is to introduce anti-terrorism guidelines together with international and other nations national standards. This articles material reveals how the authorities abandoned their legal commitments to the constitution and international pacts that guarantee civil liberties. Therefore, we should establish sufficient due process assurances, including the right to a judicial trial, the availability of legal representation, and the concept of innocence unless proven guilty. Independent courts must have the authority to investigate arrests, imprisonment, and other measures taken under these laws. Lastly, regular and systematic evaluations and modifications of anti-terrorism legislation are essential to uphold civil liberties and prevent the misuse of this legislation to suppress opposition or discriminate against vulnerable communities. It is crucial to establish an equilibrium between creating a robust legal plan in the near term and tackling the underlying causes of terrorism, which require effective governance procedures for restoring credibility (Rabino, 2021).

Every country has the right to protect its citizens from terrorist activities and ensure fundamental civil liberties. For the last few decades, Bangladesh has been confronting multiple threats of terrorism, where it is obvious to introduce anti-terrorism laws and counter-terrorism units. Bangladesh successfully handled and neutralized many cases of terrorist activity. But there is a dark side: the authorities forcefully violate fundamental civil rights in the guise of antiterrorism. To successfully combat terrorism, Bangladesh, like other countries, must develop new legislation and rectify existing legislation. Optimizing benefits can be achieved only when fundamental civil rights never cross with neutralizing terrorist activities. Anti-terrorism laws in domestic and global arenas must conform to national and international standards. Therefore, anti-terrorism laws and civil liberties must be balanced to create a peaceful and democratic country.

I want to express my deepest gratitude to all those who supported and guided me throughout the development of this research paper. First and foremost, I extend my heartfelt thanks to Mr. Nurul Amin Biplob, Senior District & Sessions Judge, Kishoreganj, Bangladesh, for providing the necessary resources and environment for conducting this research. I am profoundly grateful to my mentors and colleagues, who encouraged me to explore this critical area and shared their invaluable insights, greatly enriching the study. I also wish to acknowledge the contributions of the legal professionals, human rights activists, and law enforcement personnel in Bangladesh who provided practical perspectives and shared their experiences, enabling me to approach this subject comprehensively. Special thanks go to my family and friends for their unwavering support, patience, and encouragement throughout the research and writing process. Their motivation has been a constant source of inspiration. Finally, I am indebted to the editors and reviewers of UniversePG for their constructive feedback and for considering this paper for publication. This paper is dedicated to the ongoing struggle to protect civil liberties and human rights in the face of evolving anti-terrorism measures. It hopes to contribute to meaningful discussions and reforms in this vital area. I want to seek assistance from all the parties involved in this paper to carry out my future research work.

The author declares no conflicts of interest regarding the publication of the article.