ISSN : 1997-1052 (Print)
2227-202X (Online)
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Prohibition of Torture: Laws and Practice in Bangladesh
S. M. Shahidullah Mamun

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 extra-judicial 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 extra-judicial 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 extra-judicial killing stands to 222. And these are occurring because of authorization of black law, poor monitory system of NHRC, less accountability and transparency of police officer as well as law enforcement agency.

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