TORTURE DURING POLICE REMAND: LAWS AND PRACTICES-CHAPTER SEVEN (original) (raw)
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Inhuman torture is a common issue in our country. It is happening not only in Bangladesh but also each and every corner of the world. To prevent such a curse from society, country and world lots of national and international laws, guidelines and precedents continuously come from judicial decisions of different nations. Bangladesh judiciary is not exception here. In light of this issue, the paper has analyzed, for the purpose of focusing judicial developments, examining relevant laws and its implementation, national and international legal framework along with the reference of judicial precedent upon prohibition of inhuman torture including arrest, detention, remand and extrajudicial killing by law enforcement agency. In this regard, the Supreme Court of Bangladesh laid down a set of guidelines in blast vs. bd [55 dlr (2003) hcd, p. 380], saifuzzaman vs. state [56 dlr (2004) hcd, pp. 342-43] and bd vs blast [8 scob (ad) 2016, p. 1]with regard to exercise of power of arrest and remand consecutively under section 54, 161 and 167 of the CrPcalong with section 3 of the SPA and 316 of PRB where these sections provide the Police and LEA excess power which is mostly abused by them. This paper has critically analyzed these sections as well as article 35(5) of our Constitution which directly stands against the torture and degrading punishment. The paper has also emphasized upon the judicial precedents concerning prohibition of torture whether they are being implemented properly. In conducting this research, analytical methodology is applied and data have been collected from primary and secondary sources which found that in 2017 about 155 people died for extrajudicial killing. Among 155 people 13 died for torture; 139 for crossfire; 2 for beaten and 1 for shot that are the reflection of violation of human rights even fundamental rights also and such violation is not being under control rather it is increasing rapidly day by day where in 2018, from January to May, the death of person for extrajudicial killing stands to 222. And these are occurring because of authorization of black law, poor monitory system of
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This paper is design to argue and comparative discussion between the respective legislation of India and Bangladesh on the arbitrary arrest, detention, custodial torture and death by law-enforcing agencies. These extrajudicial activities and killing by law-enforcing agencies is persistent feature of our criminal justice system. Over the years, the incidence of torture has only increased, with the methods becoming highly complex, involving psychical and, or physical exhaustion. This is the horrible issue arising in society ‘why the protectors become perpetrators?” The Law enforcement agencies through the misuse of laws and legal loopholes have done such arbitrary arrest, detention and custodial torture and death either for their personal interest or for serving political purposes. These practices have been widespread in Bangladesh irrespective of the forms of government and successive governments have failed to stop this endemic problem. Arbitrary arrest, detention and infliction of tortures are unacceptable in any form of government that is committed to democracy and the rule of law. Despite the legal and constitutional provisions against arbitrary arrest and detention, the practice of arbitrary arrest, detention and torture is rampant in Bangladesh. These practices have destroyed people's belief and that’s why people’s belief does not stay on Law enforcement agencies.
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The violation of Human rights has started from very beginning of our civilization. Arbitrary arrest, detention and custodial torture by law-enforcing agencies have remained a persistent feature of our criminal justice system. These practices have been widespread in Bangladesh irrespective of the forms of government and successive governments have failed to stop this endemic problem. It is being made in culture of the violation of human rights through preventive detention and abuse of Section 54 of Cr PC all over the world, especially in the third world countries. It is sorry to mention that Bangladesh is one of them. The paper aims is to show how the rights violated through preventive detention and Section 54 of Cr PC, because it is mostly used for the violation of rights of an individual. This paper highlights definition, history, nature, rationality of preventive detention and our constitutional safeguards to protect the human rights. It also examines social necessity of the law of the preventive detention for our country with citation of the leading cases relating to preventive detention in Bangladesh, Pakistan and India. It also urges that preventive detention should be used sparingly only in exceptional circumstances.
Custodial Torture in Pakistan: The Official Transgressions of the Protectors
Dissertation for LL.B (Hons), University of London, 2015
The dissertation aims to find out the efforts of the legislature of Pakistan to enact laws against torture, by laying out all the relevant laws, in relation with the role of the police force of Pakistan and the rest of executive in upholding and implementing said laws and then finding out the incidents of torture in police custody and how the laws are being violated in these situations. It will also look at the different scenarios where the torture takes place, understanding them in context, and look at the reasons and, where possible, the legitimising factors behind those instances. The role of judiciary, legislature, society, culture and religion, political and historical backgrounds will be some of the factors that will be separately discussed in relation to the discussed acts of torture. Suggestions and Pakistan's commitment to international law will also be discussed.
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