Torture in Lawful Custody: Violation of United Nations Convention against Torture in Criminal Justice System in Bangladesh (original) (raw)
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Prohibition of Torture: Laws and Practice in Bangladesh
Journal of Society and Change , 2019
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
ARREST, REMAND AND TORTURE IN BANGLADESH: SEEKING EFFECTIVE REMEDIES
ABSTRACT Violation of human rights is a major concern throughout the world. Bangladesh scores high in the scale. The members of the law enforcement agencies are often accused of abusing their power and defying human rights. Arrest without warrant, interrogation any arrestee during remand and custodial brutalities are regular occurrences in Bangladesh. This thesis focuses on the atrocities in law enforcement as well as the determination of the future course of action. It also suggested that the rampant misuse of section 54 and 167 of the CrPC should be checked and people’s faith in the police should be restored. The state should rein in their agents and bring them to justice those are abridging the fundamental rights of arrestees and subjecting them to torture, physical harassment and custodial violence.
EBAUB Journal of Law, 2020
The main objective of this paper is to analyze the various types of irregularities that are being practiced by the law enforcing agencies and the magistrates in the Criminal Justice System of Bangladesh, in case of arbitrary arrest, detention and extracting confession through torture. In doing the assessment, this paper has examined the relevant existing laws of Bangladesh along with international Conventions in this arena. All successive Government of Bangladesh has failed to prevent torture under arbitrary arrest, detention and extracting confession in the country and suppressed the rights of the citizen even fundamental rights over the years. Some evidences have also shown to suggest that convictions based exclusively on confessions are frequent occurrences in Bangladesh because it is the easiest way of proving a case. For preventing those irregularities on 24 May, 2016 Appellate Division of Bangladesh Supreme Court has upheld the directives of the High Court Division (verdicted in the BLAST and Others vs Bangladesh case1). Those directives have been discussed in this paper. Finally, the paper has suggested some courses of actions to be taken in order to prevent arbitrary arrest, detention and forcible extraction of confession.
Illegal detention and Extrajudicial killing in Bangladesh, 2018
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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Police Custody Deaths in Bangladesh: An Analysis of Legal Liability
Indian Journal of Law and Legal Research, 2022
Custodial death is the most ominous indicator in our country's capture, detention, and remand. It has now become all the rage across the country. Deaths in police custody usually generate a great deal of public attention and are frequently coupled with causality disputes. Accused individuals frequently come into encounter with the criminal justice system, with those suffering from mental illnesses over-represented in police custody. As a result, identifying vulnerability is critical in order to guarantee that proper precautions may be put in place. This research is helping to show that to prevent such a curse from afflicting society, the country has some existing legislation, directions, guidelines, and precedents that are constantly derived from court decisions of other nations. The judicial system in Bangladesh is no exception. In context of this, the research examined, with the goal of emphasizing on judicial reforms, applicable legislation and their implementation, national legislative framework, and court precedents on the banning of inhumane custodial torture, including arrest, custody, and remand by police. Finding of the research particularly concentrate upon irregularities of provision to safeguarding accused right in the jail. The lack of sanitation, healthcare, standard food quality also found as errors of concern authorities. Beside these normal and natural death also counted as death in custody but not due to torture by police. The political believes and support nurture by police is also one of the key reasons to increasing torture and deaths. To solve this problems state should amend existing provision which is contradictory related to custodial torture, Increase the circumference of Human Rights Commission and give them power to investigate these properly and follow the guidelines given by courts. This research demonstrated a real-life scenario of custodial torture and critically analyzed national mechanisms that directly contradict custodial deaths and brutal punishment.
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Daria Kotova 360, 2021
This research article is an effort to explore the state of human rights from torture and other cruel, inhuman, or degrading treatment or punishment prevention mechanisms perspective. Human rights are integral to the preservation and negotiation of human values enabling to sustainable universal humanity. Addressing the matters of torture and other cruel, inhuman, degrading treatment or punishment is fundamental to preservation of respect for human life. Torture and further ill-treatment are examined in contexts of general interest to implement Articles and prevent unacceptable behaviours, approaches to places of individuals’ deprivation of liberty, and matters pertaining to armed conflicts. Methodologically considerations are based on an examination of data accumulated out of opening and closing of the 42nd session of Subcommittee on Prevention of Torture, information made available by the United Nations Human Rights Office of the High Commissioner’s Committee Against Torture, recordings with former inmates – David Honeywell and Liam Knights – produced by the University of Leeds, recordings on ethics of imprisonment – hearing from Dr. Emma Wincup (Senior Lecturer in Criminology and Criminal Justice, University of Leeds) and John Batchelor (Barrister) – produced by the University of Leeds, additional international humanitarian law and international human rights law materials, and further accompanied by a range of literary materials. Undertaken is a human rights centered anthropological holism with elements of cultural relativism and overtone of thick description.
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Remand in Bangladesh is the surname of torture with all its kinds and degrees by the very hand of State machineries for mere power based politics, politicization of fundamental state institutions, wrongful gain, ignorance, lack of right based approach, accountability, transparency, rule of law and good governance wherein human rights have been turned into paper tiger. In the modern welfare state, the denial of justice and due process of law by state machineries through torture during police remand is prohibited by national and international laws as well as good conscience and is neither expected nor desirable. Stakeholders should come forward to prioritize specific programs, proactive and result oriented, to stop any kind of torture during police remand.