Torture and Custodial Death (Prevention) Act

Last updated

Torture and Custodial Death (Prevention) Act is a Bangladeshi law that criminalized torture in custody passed in 2013. [1]

History

Torture and Custodial Death (Prevention) Act was established in 2013 by the government of Bangladesh as part of its commitment to the United Nation's Committee Against Torture. Bangladesh ratified the United Nations Convention against Torture in 1998. [2] [3]

In 2017, Bangladesh Police demanded that the Government of Bangladesh repeal the Torture and Custodial Death (Prevention) Act. [4] [5] Bangladesh Police also requested Prime Minister Sheikh Hasina to amend the law to allow bail for law enforcement officers charged under the act. [6]

The Daily Star in 2020 reported that the people were too scared to file cases under the act as they feared reprisals from law enforcement. [2] On 9 September 2020, the first verdict was issued under the Torture and Custodial Death (Prevention) Act. On 8 February 2014, Ishtiaque Hossain Jonny and his brother, Imtiaz Hossain Rocky, got in an argument with two police informant who were drunk and harassing women at a wedding. The brothers were detained by officers from Pallabi police station. In custody Jonny was tortured to death. The court sentenced three police officers from Pallabi police station to life imprisonment over the death of Jonny under the Torture and Custodial Death (Prevention) Act. The court also sentenced two informants to seven years imprisonment. [7] [8] [9] [10]

On 2 April 2020, former Inspector of Amtali Police Station, Manoranjan Mistry, was charged under this act for the death of Shanu Hawlader, a 55 year old farmer, in police custody. [11]

Related Research Articles

<span class="mw-page-title-main">Rapid Action Battalion</span> Elite Bangladeshi Police Unit

Rapid Action Battalion or RAB, is an anti-crime and anti-terrorism unit of the Bangladesh Police. This elite force consists of members of the Bangladesh Army, Bangladesh Police, Bangladesh Navy, Bangladesh Air Force, Border Guard Bangladesh, Bangladesh Civil Service and Bangladesh Ansar. It was formed on 26 March 2004 as RAT, and commenced operations on 14 April 2004. From 2004 to 2008 RAB had killed 1,062 people.

<span class="mw-page-title-main">Human rights in Bangladesh</span>

Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of Bangladesh. However, constitutional and legal experts believe many of the country's laws require reform to enforce fundamental rights and reflect democratic values of the 21st century. Proposed reforms include strengthening parliamentary supremacy, judicial independence, the separation of powers, repealing laws which restrain freedom of the press and disbanding security agencies which violate civil liberties.

<span class="mw-page-title-main">Bangladesh Police</span> Law enforcement agency

The Bangladesh Police of the People's Republic of Bangladesh is a law enforcement agency, operating under the Ministry of Home Affairs. It plays a crucial role in maintaining peace, and enforcement of law and order within Bangladesh. Though the police are primarily concerned with the maintenance of law and order and security of persons and property of individuals, they also play a big role in the criminal justice system. Bangladesh police played an important role during the Bangladesh's liberation war.

<span class="mw-page-title-main">Dhaka Metropolitan Police</span> Unit of Bangladesh Police that has responsiblities of law enforcement in the metropolis of Dhaka

The Dhaka Metropolitan Police (DMP) is the unit of Bangladesh Police responsible for law enforcement in the metropolis of Dhaka, the national capital and most populous city in Bangladesh. The DMP is the largest police force unit in Bangladesh. At present the DMP commissioner is Md. Shafiqul Islam BPM (Bar).

<span class="mw-page-title-main">Khandaker Mosharraf Hossain</span> Bangladeshi politician

Khandaker Mosharraf Hossain is a Bangladeshi politician. He is the incumbent Jatiya Sangsad member representing the Faridpur-3 constituency since 2009. He served as a minister of the Minister of Labour and Employment, Minister of Expatriates' Welfare and Overseas Employment and Minister of Local Government and Rural Development and Co-operative.

<span class="mw-page-title-main">Detective Branch</span>

Detective Branch is a specialized unit of Bangladesh Police. According to Human Rights Watch, there is extensive documentation of human rights violation by Detective Branch and Rapid Action Battalion. According to Human Rights Watch, 70 percent of extrajudicial deaths involving the police involved Detective Branch.

<span class="mw-page-title-main">Syed Mahmud Hossain</span> 22nd Chief Justice of Bangladesh

Syed Mahmud Hossain was the 22nd Chief Justice of Bangladesh. He retired on 30 December 2021.

Khairul Kabir Khokon is a Bangladesh Nationalist Party politician and a former member of parliament for Narsingdi-1, who currently serves as the party's assistant secretary. He had served as the president of Narsingdi District unit of Bangladesh Nationalist Party.

<span class="mw-page-title-main">Rangpur Metropolitan Police</span> Specialized police unit of the Bangladesh Police

Rangpur Metropolitan Police is a newly formed police unit of Bangladesh Police, serving Rangpur City Corporation, Haragach Municipality, Sarai Union of Kaunia Upazila, and Kallayni Union of Pirgacha Upazila of Rangpur District. Rangpur Metropolitan Police started its all out operational activities on 16 September 2018. Nure Alam Mina is the commissioner of Rangpur Metropolitan Police.

The Digital Security Act, 2018 is a digital security law in Bangladesh. This act was passed with the aim of preventing the spread of racism; sectarianism; extremism; terrorist propaganda; and hatred against religious or ethnic minorities through social media, print media or any other electronic media. Any content over the internet or any other media that was deemed pornographic or otherwise inappropriate by the government could be punished by fines or prison terms of various lengths. It is a controversial law and it was feared that the law could be used to suppress dissenters against the government due to some of its provisions that are vague and ambiguous, open to interpretation or prone to abuse. This law has been used to sue and arrest some journalists, activists and criminals.

<span class="mw-page-title-main">Mushtaq Ahmed (writer)</span> Bangladeshi dissident, writer, and entrepreneur (1967–2021)

Mushtaq Ahmed, popularly known as Kumir Bhai, was a Bangladeshi dissident, writer, and entrepreneur. His pen name was Michael Kumir Thakur. He founded the first ever commercial Crocodile breeding farm in Bangladesh. His book Kumir Chashir Diary was published in 2018. He was working on another book. He was accused with 10 others of sharing cartoons in social media posts criticizing the Bangladeshi government's corrupt and mismanaged response to covid-19 pandemic and was detained in pre-trial for almost a year. On 25 February 2021 he died in jail, after being denied bail 6 times.

Ahmed Kabir Kishore is a Bangladeshi cartoonist. He was accused of drawing cartoons and held in pre-trial detention in Bangladesh under the country's infamous Digital Security Act for 10 months since May 2, 2020. Cartoonists Rights Network International, Cartooning for Peace, various international organizations and common people of Bangladesh raised concerns over the detention and custodial torture on Kishore.

The Murder of Major Sinha Mohammed Rashed Khan refers to the extrajudicial killing of a retired Bangladesh Army Major in Cox's Bazar by members of Bangladesh Police on 31 July 2020.

Syed Mohammad Dastagir Husain is a Bangladeshi lawyer and former justice of the High Court Division of Bangladesh Supreme Court.

Md. Miftah Uddin Choudhury is a judge on the High Court Division of Bangladesh Supreme Court.

Mohammad Jahangir Hossain is a judge of the High Court Division of Bangladesh Supreme Court.

Custodial deaths in India may refer to the deaths of persons in police custody and also to the deaths of persons in judicial custody while undergoing trail or serving a sentence. In the financial year 2021–22, the National Human Rights Commission of India reported 2152 deaths had occurred in judicial custody and 155 deaths had occurred in police custody till 28 February 2022. According to a report released by National Campaign Against Torture (NCAT), there were 1606 deaths in 2019 which occurred in judicial custody and 125 death occurred in police custody. On 26 July 2022, while answering a question in the Lok Sabha Union Minister of State for Home Affairs Nityanand Rai revealed that 4484 cases of custodial deaths were reported in India during the period FY 2020-21 to FY 2021-22

Jail Killing refers to the murder of four Awami League leaders in prison by the planners of army officers who launched the 15 August 1975 Bangladesh coup d'état. The four were former President Syed Nazrul Islam, former prime ministers Tajuddin Ahmed and Muhammad Mansur Ali, and President of Awami League Abul Hasnat Muhammad Qamaruzzaman

Gazipur Metropolitan Police (GMP) is the chief law enforcement agency in Gazipur, Bangladesh. It was established in 2018 under the Gazipur Metropolitan Police Ordinance approved by the Government of Bangladesh. Molla Nazrul Islam is the Commissioner of Gazipur Metropolitan Police. Abdullah Al Mamun is the deputy commissioner.

Md. Moinul Islam Chowdhury is a Judge of the High Court Division of Bangladesh Supreme Court.

References

  1. "When even a good law can't protect you". The Business Standard. 6 March 2021. Retrieved 7 March 2021.
  2. 1 2 Sarkar, Ashutosh (2020-09-09). "Custodial deaths: Law there, victims afraid to file cases". The Daily Star. Retrieved 2021-03-07.{{cite web}}: CS1 maint: url-status (link)
  3. "Bangladesh and the fight to end torture". The Daily Star. 2019-07-29. Retrieved 2021-03-07.
  4. "Police want law against custodial torture scrapped". The Daily Star. 2017-01-24. Retrieved 2021-03-07.
  5. "Police's strange demand". The Daily Star. 2017-01-25. Retrieved 2021-03-07.
  6. "Custodial Torture, Death: Cops want bail provision for the accused". The Daily Star. 2018-01-09. Retrieved 2021-03-07.
  7. "Jonny's custodial death case: Lessons learned from the verdict". The Daily Star. 2020-09-29. Retrieved 2021-03-07.
  8. "Justice for Jonny: Ending impunity for custodial torture at last". The Daily Star. 2020-09-11. Retrieved 2021-03-07.
  9. "A historic verdict: 3 policemen get life term for custodial death". The Daily Star. 2020-09-09. Retrieved 2021-03-07.
  10. "'I'm satisfied, sir!': victim's brother weeps after 1st verdict on custodial death". The Daily Star. 2020-09-09. Retrieved 2021-03-07.
  11. "Barguna custodial death: Suspended Amtali inspector sued". The Daily Star. 2020-04-02. Retrieved 2021-03-07.