Friday, 29 March, 2024, 3:54 AM
Advance Search
Home

Custodial death in Bangladesh

Published : Tuesday, 1 September, 2020 at 12:00 AM  Count : 1806

Custodial death in Bangladesh

Custodial death in Bangladesh

In spite of attaining liberation nearly 5 decades ago, sometimes it feels as though the chains of oppression are yet to be unshackled. Sharing similarities with the colonial era, the actions of law enforcement officials, whose primary responsibility is to safeguard the rights of citizens, have undertaken the role of those who have historically terrorized our people.In order to fully comprehend the plight of the atrocity that is custodial death, we must first understand what it truly constitutes.

Custodial death occurs when a person or persons who die while in custody of the Police, anyother law enforcement agencies, or while imprisoned. Although when an alleged, suspected, or convicted individual is in custody of any law enforcement agency, the responsibility of ascertaining the mortality of the aforementioned individual is their absolute responsibility. Nevertheless, based on media reports as well as reports published by human rights agencies, little heed is paid to guaranteeing the safety of individuals by law enforcement agencies.
In order to garner a better understanding of the rate of custodial deaths in Bangladesh, we must first assess the data made available by Ain o Shalish Kendra, a non-government legal aid and human rights organization based in Dhaka, on the subject matter. As per their reports, from 2014-2018, a staggering 285 people have died while in custody of law enforcement officials. Among them, 119 of them were convicted of committing a crime(s). In addition, further 166 under-trial detainees have reportedly perished while in Police custody.
Although the rates at which custodial deaths are occurring are skyrocketing, it is imperative to mention the Torture and Custodial Death (Prevention) Act, 2013. It was a result of decades of lobbying efforts by human rights organizations operating in Bangladesh. Although this Act enables punitive measures against law enforcement officials whose actions result in the death of anyone in their custody, the realistic application of the Act has been nothing short of abysmal.

The number of custodial deaths and incidents of reported torture have increased despite having Torture and Custodial Death (Prevention) Act 2013 and High Court guidelines to contain torture and custodial death. A recent review of deaths in custody revealed a significant increase in the number of people dying in police custody over the last few months in the country.   According to rights body Ain o Salish Kendra, at least 14 people died in custody last year (2019). 6 of which bore signs of torture on their body following their death while in custody.

It is abundantly clear that the surge in custodial death in not only a result of negligence in part of law enforcement agencies, but rather a display of impertinence towards any legislation dedicated towards preventing any such incidents. Due to an absolute lack of accountability despite decades of gross human rights violations being perpetrated by law enforcement agents, despite heinous allegations of gruesome torture techniques while in custody, there  are no  reported cases against any law enforcement official under the Torture and Custodial Death (Prevention) Act, 2013.

What aids this monstrosity by the law enforcement agencies is the abhorrent practice known as "remand." The concept of remand has managed to institutionalise the practice of extraction of information, often via coercive measures. Despite successive interventions through rulings laid by the High Court Division such as conducting remand in rooms with glass walls for observers to determine whether any irregularities are occurring during remand, the practice of conducting these sessions behind closed doors, in questionable circumstances, continues unabated.

Following a writ petition on the arrest, torture and killing of university student Shamim Reza Rubel while in police custody, the High Court, on April 7, 2003, directed that prior to sending an arrested person to remand, s/he should be examined by a doctor and the medical report should be submitted to the magistrate concerned, and that after the interrogation - which can only be carried out by the investigation officer - the accused must be produced before the magistrate. If the accused alleges that s/he was tortured, s/he must be sent to the same doctor for investigation, and if found that the accused did, indeed, sustain injuries during interrogation in custody, action would be taken against the investigation officer, irrespective of whether the accused lodges a complaint.

These directives, if followed, would have gone a long way towards ensuring that basic human rights are not violated in custody; unfortunately, however, except for a handful of high-profile cases, these directives continue to be flouted, in direct violation of the court's orders. 

Custodial deaths and torture are illegal and unconstitutional, violating Article 31 of the Constitution of the People's Republic of Bangladesh: Right to Protection of the Law; Article 32: Protection of Right to Life; Article 33: Safeguards in case of arrest or detention and Article 35 (5) Protection from torture or cruel, inhuman, or degrading punishment or treatment.

 In 1998, Bangladesh ratified the Convention against Torture and other Cruel, Inhuman, Degrading Treatment or Punishment (CAT), which prohibits torture under any circumstances - "whether a state of war or a threat of war, internal political instability or any other public emergency" [Article 2(2)] - but successive governments have failed to implement an anti-torture stance, resorting to these questionable tactics themselves from time to time to further their political agenda.
The writer is a DLA Piper Fellow, UK LLP, Founder, Bangladesh Forum for Legal and Humanitarian Affairs











Latest News
Most Read News
Editor : Iqbal Sobhan Chowdhury
Published by the Editor on behalf of the Observer Ltd. from Globe Printers, 24/A, New Eskaton Road, Ramna, Dhaka.
Editorial, News and Commercial Offices : Aziz Bhaban (2nd floor), 93, Motijheel C/A, Dhaka-1000.
Phone: PABX- 41053001-06; Online: 41053014; Advertisement: 41053012.
E-mail: info©dailyobserverbd.com, news©dailyobserverbd.com, advertisement©dailyobserverbd.com, For Online Edition: mailobserverbd©gmail.com
  [ABOUT US]     [CONTACT US]   [AD RATE]   Developed & Maintenance by i2soft