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spotlight

Archiving (In-)Justice: documenting state violence in Bangladesh

Mosfiqur Rahman Johan’s work on enforced disappearance, kneecapping and the death penalty

Mosfiqur Rahman Johan is an anthropologist, activist and documentary photographer based in Dhaka, Bangladesh. His work deals with state-inflicted violence and regimes of repression and control in Bangladesh, particularly during the government of the Awami League and Sheikh Hasina.

He is also a member of Maayer Daak, a collective advocating for justice for families of the forcibly disappeared, and the founder of the All Victims and Veterans Network (AVN), a victim-led organisation documenting state violence and its impact on marginalised communities. Within this realm, he works on the topics of enforced disappearances, the death penalty and kneecapping.

Through a programme of the German Institut für Auslandsbeziehungen – ifa Johan currently is a visiting fellow at ECCHR and takes part in ECCHR’s critical legal training. In conversation with Jule Haas, trainee at ECCHR, he spoke about his work, his understanding of the role of law, and his political visions for Bangladesh.

Enforced disappearance © Mosfiqur Rahman Johan

Death penalty © Mosfiqur Rahman Johan

Kneecapping © Mosfiqur Rahman Johan

● J.H.

For the past years you have been working on state violence in Bangladesh. What led you to focus on the issues you work on today?

● M.R.J.

I began documenting enforced disappearances in 2018, later joining Maayer Daak in 2021. Around that time, a video footage of secret detention center got released confirming their existence. This marked a critical turning point—transforming what had long been dismissed as rumor into undeniable evidence.

My focus stems from a fundamental conviction that arbitrary detention and leaving individuals to languish on death row for years cannot be called justice. Bangladesh currently holds the world’s second-largest death row population. Capital punishment remains broadly accepted by society, largely out of widespread disillusionment with an already fragile judicial system. At the same time, public sentiment surrounding the death penalty is deeply entangled with historical grievances—rooted in the atrocities of the 1971 Liberation War and enduring cultural attitudes toward retributive justice.

Most people I spoke to do not believe that Bangladesh has a functioning legal system or the right to a fair trial, yet, or maybe because of that, they considered the death penalty to be part of the system. I wanted to understand how people came to this conclusion and more importantly how people who had come in contact with the violence of this system found their way to survive.

I started searching online and found someone who’s name is Zahid Sheikh who had been on death row for 20 years before being acquitted and released after proving his innocence. Through newspapers and lawyers, I found many more people in a similar situation and started to investigate.

July Uprising © Mosfiqur Rahman Johan

● J.H.

In the summer of 2024, the bangladeshi society saw a nationwide, student-led protest movement that resulted in the ousting of long-time Prime Minister Sheikh Hasina on August 5, 2024.

I know that you yourself were very involved in the movement. You were part of and got to witness not only the immense upheaval, societal change and resistance that it entailed. You also experienced the extreme forms of state violence that accompanied the uprising.

How did this event influence your work?

● M.R.J.

My relationship with the uprising is quite complex. I was on the front line of what later came to be called the Monsoon Revolution. At the same time, I was thinking about broader transitional justice processes, considering how this uprising could initiate a different kind of conversation, for example, about the death penalty. These conversations were difficult to have. After Sheik Hasina's regime fell, another government had to be put in place, often building on the very same structures that we had fought against.

Still, the downfall of the Awami League has enabled me to be more open about my work. There is less fear now. I am now willing to publish under my own name, which I did not do before. But since the subject of my work is often the state itself, it is still difficult. There still is no rule of law or working justice system. The institutions that were the source of so much violence still hold most of the power. I still face many obstacles when working towards accountability.

But I believe it is important to have this conversation about the death penalty, both philosophically and legally. Philosophically, we must ask ourselves if we are willing to give the state our mandate to kill in our name and in the name of justice. Legally, the question is who gets to decide. All too often, it is the state that decides, often willingly omitting legal procedures. This is still ongoing, though in a different way, after the uprising.

01—05

Majeda Begum

… was arrested, without evidence, for killing a child. After her arrest, she was tortured and forced into confession. Her verdict: the death sentence. She was incarcerated for seven years, together with her son Maruf who grew up in prison. He learned to speak and walk, without ever seeing the outside world.

After seven years she was freed because she could prove her innocence, but her live had ultimately been changed.

Zahid Sheikh

… spend 20 years in a condemned cell after being wrongfully convicted:

“I last saw this place when it was all fields and crops. Now there are buildings everywhere — I can hardly recognize anything.”

During those long years behind bars, Zahid lost everything. His parents passed away while he was still in the condemned cell. The government did not allow him to attend their funerals.

“Every time someone was taken for hanging, I thought, this might be my last meal,” he recalled. “That fear never left me.”

Anwar Hossain

… spend around 14 years in long-term solitary confinement.

“I was arrested on April 5, 2005, at Kamalapur Railway Station. They said it was for an ‘unknown murder’ but I had done nothing. They forced confessions from me, using electric shocks, beatings and poured water over my face. They even held a pistol to my head while demanding that I admit to things I had never done.”

“For 17 years, I was a prisoner of lies – trapped in a system that punished the innocent.”

● J.H.

Through your work, you aim to highlight these systemic injustices while at the same time exploring different understandings of restorative or transitional justice. In your photography, you focus on the individual stories of survivors and try to find ways to portray what they endured that do not solely focus on the judicial system.

What role does storytelling play for you, both as an activist and in your own experience? How do you understand storytelling in cases of enforced disappearance?

● M.R.J.

In my opinion, justice has to happen in two ways. One way is legally, and the other, which is equally important, is socially. Survivors and their families should be dignified. They should have the right and platform to share what happened to them. If people return from death row or enforced disappearance, they are often outcasted from society. They face social death and it is really difficult for them to come back from that. I want to tell their story.

I believe that simply writing or taking pictures is not enough. I try to work multidisciplinary: I engage with the people that I portray in my work on different levels. I listen and speak to people, I take pictures and then try to share their stories during protest to make them visible within the society. At the same time, I try to legally support them and try to analyse the violence they have endured from an anthropological perspective.

When I started talking to people on death row who were wrongfully convicted, I learned about the fear. There is this constant fear that anything can happen. Whenever they eat, they think, “This might be my last meal.” Whenever they went to sleep, they dream that death was coming for them. I want to learn about those lived experiences and feelings and make this reality understood.

01—05

Sonaruddi

… spent around 14 years in long-term solitary confinement.

“The day I was sentenced and sent to the condemned cell, I entered the room and burst into tears. There were no windows, only a door. How could I survive in this room?”

“Before I knew it, fourteen years had passed. Whenever I saw an innocent person executed, I felt utterly helpless. They had done nothing wrong, just like me. I realized one day, I too might die here. For fourteen years, I faced death at least once every day.”

Ismail Hossain

“After losing fourteen years of our lives, what did we get in return? Only disgrace. Did we receive any support or recognition — from society or from the state? Now, if we seek compensation, it will seem like we’re turning against the state. The judges might think, ‘We gave him justice, and now he’s suing us again.’ It’s not really against them, but in a way, it goes against the state. Since we were innocent and yet kept in the condemned cell for so long, our time — our lives — were wasted. That’s why many of us hesitate to take any further step.”

“During all those years in the condemned cell, it felt like dying once every single day. For sixteen long years, I never saw the stars in the evening sky. The day I returned home after sixteen years, that was the first time I saw the stars again.”

Sanaullah

Even after the High Court found Sanaullah was wrongfully convicted, the judgment letter required for his release was not issued to the prison authorities for another two and a half years – meaning Sanaullah was forced to stay on death row during that time.

Returning to his wife and three daughters after eight years, Sanaullah was confronted by how his death sentence had impacted his entire family:

“My whole family suffered along with me. My pharmacy business closed. There was no source of income. How they lived, what they ate for eight years, I don’t know.”

● J.H.

Through your work, you archive and document these instances of injustice, violence and abuse. Can you tell me a bit more about the relationship of your work to legal practice: How do you understand the idea of an "archive” and “documentation” and how does it relate to or differ from the collection of “evidence” in the judicial sense?

● M.R.J.

I can give you an example in the case of enforced disappearances. When we are archiving people’s stories, we always try to collect all kinds of material. I collect everything, from newspaper articles about the case to personal photographs and stories. For those left behind, disappearance becomes an everyday reality. In the absence of credible answers, family members are forced to act as investigators, archivists and witnesses. They preserve documents, to keep the presence of the missing person alive. The archive embodies the disappeared person because they don't exist physically anymore. I collect all that.

After the uprising, we use this archive to file cases. This is how our anthropological work actually helps us navigate a possible legal justice process. The archival work has legal value, but it is also important for other reasons. These documents help us establish the truth - in relation to the state and in the legal process - but also on a more emotional and personal level.

A staggering 2,618 people are on death row in Bangladesh right now. Among them, over 560 individuals have been living under a sentence of death for more than 16 years in overcrowded and deplorable conditions - often in solitary confinement and in constant fear of execution. The death penalty disproportionately affects individuals who are poor, uneducated and marginalised and wrongful convictions are inevitable in a system marred by torture, coerced confessions, unconscionable delays and arbitrary sentencing.

● J.H.

I imagine that your work is particularly significant in a system where the legal justice process is not working. The legal system was flawed before the July Uprising and in large parts still is today. Your anthropological work ensures that people are not forgotten, even if they have not received justice in a legal sense.

● M.R.J.

Yes. Over the years, I have come into contact with many people who were unlawfully detained. Even if you prove your innocence after unlawful detention, that often does not mean that you are free. Due to the legal process, people have to remain in prison until their acquittal, which can take six to eight years. They are innocent, yet they are still in prison. We want to challenge that. Regardless of whether they are convicted or not, they are still citizens and should have basic rights, which currently is not the case.

I now seek to deepen my understanding of the structures. There are around 3000 people in death row at the moment. Yet, from 2009 to 2026, only 57 people were executed. I want to understand. Who are they? How does the state decide who should be executed? Who gets to live?

We actually studied this issue and found that many of those executed come from marginalised communities. Poor people are the most affected. They can't afford a lawyer to help them navigate the legal process if there is a legal process at all. Those with money can more easily afford a fair trial. It is definitely a question of class.

● J.H.

When we talk about these regimes of incarceration and control, we also need to consider their history and how they came to shape society in the way they do today. How do you see traces of colonial violence in modern-day Bangladesh?

● M.R.J.

There is a continuity in the way punishment is understood and also in the way the justice system works. During British occupation, the Wahabi were the main victims of the death penalty. The Wahabi used to protest against the colonisers. There are so many stories about national heroes who faced the death penalty because they raised their voice. The death penalty as an instrument of punishment and the fear of it is a legacy of the colonial legal order.

“When I started talking to people on death row who were wrongfully convicted, I learned about the fear. There is this constant fear that anything can happen.”

● J.H.

Despite the immense flaws you see in the justice system, you continue to file cases and consider studying law. How do you see the relationship between law and critical legal practice in relation to the rest of your work?

● M.R.J.

I’m an anthropologist. When I first started, my work wasn't about filing cases and organising protests. But I realized that sometimes you have to push from different directions to establish what happened, to get justice and also to prevent further violence.

That is why I'm trying to do public interest litigation. I have found 56 people and filed 24 cases to advocate for compensation for death row survivors. Some of the fights have to happen on a legal level to reach the institutions.

© Mosfiqur Rahman Johan

● J.H.

Let’s finish by speaking a bit about your time here in Berlin. What are you currently working on here at ECCHR and what do you hope this fellowship will enable you to do?

● M.R.J.

Currently, I am trying to find out what can be done with the cases I am already working on. I have been in contact with my colleagues and peers here regarding the possibilities for universal jurisdiction cases concerning enforced disappearances, and I have had the opportunity to present my work in different contexts. Being here in Berlin has also enabled me to network with other activists working on similar issues, such as those in Syria.

I am also trying to learn how ECCHR navigates international bodies such as the ICC and ICJ with their cases, and I want to find out more about ECCHR’s multidisciplinary approach and how it can complement my work in developing approaches to fight injustice.

Anthropologist

Mosfiqur Rahman Johan

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