Abstract

This paper emphasizes on the effective implementation of United Nation Convention against Torture in Bangladesh because torture is a common scenario in the country right now, especially in lawful custody as a part of criminal justice system. Everyday this inhuman practice is taking place in Bangladesh which is not expected because torture represents the uncivilized human society. This practice must be stopped in every modern welfare state like Bangladesh. The Government of Bangladesh has ratified the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984” and accordingly passed Torture and Custodial Death (Prevention) Act in 2013 in its parliament but the Act has failed to fulfill the objectivity of UN Torture Convention. Torture is frequently practised in lawful custody mostly by Police, Rapid Action Battalion (RAB), and other law enforcement agencies. Moreover, the government has not been able to take any step to compensate and rehabilitate the victims. Several human rights organizations are involved in Bangladesh to work against such malpractices as now it is a much talked issue in the civil society along with these organizations. There is no rigorous and comprehensive study in this field. This study is a very time bound exposition in the proposed field.

Highlights

  • This paper emphasizes on the effective implementation of United Nation Convention against Torture in Bangladesh because torture is a common scenario in the country especially in lawful custody as a part of criminal justice system

  • It is very unfortunate that torture in lawful custody is a common scenario in Bangladesh and it is a much talked topic in criminal justice system at this moment in Bangladesh

  • Torture is a criminal offence and it is against the humanity which is hated by all the civilized society and community but this practice is prevailing everywhere in Bangladesh

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Summary

Introduction

At the end of the Second World War, torture made its place within the state in different form and nature. World is in deep concern regarding this type of violation of human rights. The United Nations has different endeavors to recognize universal respect and to protect the human rights. Universal Declaration of Human Rights 19481 and International Covenant on Civil and Political Rights 19662 mentioned the rights of human being and urged that no one shall be subjected to torture or to cruel, inhuman degrading treatment or punishment. Bangladesh has adopted these provisions in her Constitution.. Bangladesh has adopted these provisions in her Constitution. In light of these conventions, present research focuses on torture taking place in Bangladesh

Definition of Torture
Victims and Perpetrators of Torture
Instruments Which Prohibit the Act of Torture
UN Torture Convention
UN Committee against Torture
Criminal Justice System in Bangladesh
Stages in Criminal Proceedings
Police Custody and Arrest
Laws Relating to Safeguards for Torture
Laws Which Are Misused by Law Enforcing Agency in Practicing Torture
10. A Culture of Impunity Consecrated by Bangladeshi Law
12. Some Incidents of Torture by Law Enforcing Agencies
13. Interviews with Victims
14. Interviews with Lawyers
16. Interviews with Police officers
Findings
18. Conclusion
Full Text
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