Amending section 15 of the Torture
and Custodial Death (Prevention)
Act, 2013: providing for adequate
payment of compensation to the
victims of torture.
The amount of compensation should
be given directly to the victims or
aggrieved person of torture and
custodial death.
Amending the Torture and Custodial
Death (Prevention) Act, 2013:
providing for protection to witnesses
related to torture prosecutions.
The punishment of the offences
mentioned in the Act should be
increased.
The Rules under section 20 should
be formed as soon as possible.
Law enforcing agencies must show
their ID card during arrest & should
be in official uniform and not in civil
dress at the time of arresting a
person.
Arrest must be
presence of two
witness.
The Torture and Custodial Death
(Prevention) Act, 2013 should be
amended as soon as possible.
Law enforcement agencies must
inform the family member or friend
of arrested person as soon as
possible about the arrest and place
where arrested persons are taken. .
Amending the definition of torture in
section 2(6) of the Torture and
Custodial Death (Prevention) Act,
2013 to bring it into closer
conformity with Article 1 of CAT.
Ensuring the protection of the
persons who file a case against a
member
of
law
enforcement
agencies.
If any custodial death is occurred,
this incident must be informed to the
National Human Rights Commission
(JAMAKON), Bangladesh within 24
hours.
Amending the National Human
Rights Commission Act, 2009 to
empower the NHRC to investigate
human rights violations by law
enforcement agencies.
The
Torture
and
Custodial
Death
(Prevention) Act, 2013 does not fully
comply with Convention against Torture
and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT), 1984,
though Bangladesh has an obligation under
international law to prevent acts of torture
and custodial death. Few provisions of the
Act remain ambiguous and lack clarity as
to Bangladesh government’s obligations.
‘We are yet to realise how contemptuous
and shameful the custodial deaths are for
the state’, said the chair of the discussion,
Prof. Dr. Mizanur Rahman, Chairman,
JAMAKON.
In his closing remarks, Prof. Dr. Mizanur
Rahman stated that about 70 percent of
the complaints of violation of human rights
received by the NHRC are against the law
enforcement agencies and about half of all
complainants raise allegations of torture by
the law enforcement agencies. The
commission looks into the complaints and
submits its findings to the Ministry of Home
Affairs. He expressed his disappointment
that
representatives
of
the
law
enforcement agencies were not present in
this event, in spite of being invited by
JAMAKON.
Key
Recommendations
seminar:
24
JAMAKON
from
the
Section 5 of the Act should be
amended by adding the provision of
judicial investigation instead of the
current provision of investigation
against
the
law
enforcement
agencies by the law enforcement
agencies.
made in the
neighbours as