Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh Context of the Study Arbitrary arrest, detention and custodial torture by lawenforcing agencies have remained a persistent feature of our criminal justice system.4 These practices have been widespread in Bangladesh irrespective of the forms of government, and successive governments have failed to stop this endemic problem. Custodial torture is typically committed by different state agencies-law enforcing, intelligence and security agencies, which include police5 , army, para-military forces, coast guard, navy forces, prison officers and security agencies such as the National Security Intelligence (NSI) and Director General of Foreign Intelligence (DGFI). Usually, the venue of custody is the police station. But arrested persons are also frequently taken to the cantonment, or to unknown locations for interrogation by police-army joint cells, which is clear violation of law.6 Arbitrary arrest, detention and infliction of torture are unacceptable in any form of government that is committed to democracy and the rule of law. 4 5 6 See, ‘RAB: Stop Terrorism or Terrorism by the State’, a publication of Ain-oShalish Kendra, Dhaka, (2008) available at http://www.askbd.org/RAB/RAB_eng.htm The police force comprises of various investigation agencies, such as the Central Investigation Department, Special Branch (SB), and Detective Branch (DB), and RAB. See reports titled “The Fear Never Leaves Me” Custodial Deaths, Torture and Unfair Trials after the 2009 Bangladesh Rifles Mutiny’, Human Rights Watch, W a s h i n g t o n D . C . , ( 2 0 1 0 ) , ; To r t u r e : B e y o n d R u l e o f L a w, www.drishtipat.org/blog/2008/06/26/ torture/ (last visited on 26/06/2008). 19