Prisoners are given minimum substance allowance. It is alleged that food supply for prisoners
is inadequate and sub-standard.34 The prisoners are deprived from health care and medical
facility due to absence of prison hospital except 12 prisons centres out of 68. In practice, many
people, particularly the poor, become entangled in the penal system where they face violations
of their human rights. Masses of prisoners languish in jail awaiting trial and spend many years
imprisoned without legal support. There are many reports of prisoners deaths in the prison
while being under trail and most of the deaths in the prison occurred due to sickness, torture,
suicide and other reasons.35 Allegation of corruption is also widespread in the prison
management. The criminal justice system in Bangladesh is mainly based on punitive as
opposed to restorative justice. Prisons in Bangladesh are governed by laws which date back to
the 19th century. Prisons are managed under the Prison Act of 1894, its accompanying Rules,
and the Prisoners Act, 1900, and the Jail Code. The Jail Code consists of the provisions of
Prisoners Act 1894, the Prisoners Act 1900, the Identifications of Prisoners Act 1920, the Rules
made under Section 59 of the Prisons Act 1894. In Bangladesh, prisons are still treated as
punitive centres of confinement. But little effort has been made by government to change the
existing laws and the Jail Code for rehabilitation of the prisoners and make the prisons as
correctional institutions.
It is stated in the state report that law provides for separation of the un-convicted and convicted
prisoners and also separation of the juveniles from the adults in prison36. But in practice, this
provision is frequently violated and both un-convicted and convicted prisoners and also the
juveniles and the adults are kept together in prison due to lack of physical space.
Article 14
Right to fair trial
35. Individuals have the right to equality before courts and tribunals and to a fair and public
hearing by a competent, independent and impartial tribunal. Although the main components of
this right is guaranteed under 35 of the constitution of Bangladesh, excessive delay in justice
delivery system, political interference and corruption in judiciary create obstacle in ensuring
right to fair trial. In particular, political interference in lower judiciary is a big challenge in their
independent functioning. There is widespread allegation against the law enforcement agencies
for extracting confessional statements with the use of force and torture in violation of legal
norms. Absence of adequate legal aid to the poor litigants may vitiate fair trial principles. The
general rule in criminal cases is that all inquiries and trial should be conducted in the presence of
the accused person. But in Bangladesh, trial in absentia is allowed, which goes against spirit of
the article 14 of the ICCPR. It is also one of the attributes of the fair trial that the accused person
is given adequate opportunity to defend himself. But this opportunity will have no meaning if the
accused is not informed of the accusation against him. But in fact many public prosecutors lack
both skill and knowledge adequately to prepare defence because they are appointed on partisan
basis. Although the Legal Aid Act, 2006 of Bangladesh makes provision for legal aid in both
civil and criminal cases, the national legal aid fund has remain unutilized due to lack of
34
M. Anwarul Aziz Kanak and Muhammad Mizanur Rahman Chowdhury, 'The Present Rights of Prisoners in
Bangladesh: Disparity between Law and Practice', The International Journal of Social Science, 2014, Vol. 20, No. 1.
35
Advocate Shahanur Islam, 'Reforms of Prisons Law in Bangladesh: Need for Comprehensive Approach', available
at www.internationalcure.org/documents/pdf/201
36
Para 115 of the State Report
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