Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
(UDHR) 1948, the Convention against Torture, (CAT) 1984,
and the International Covenant on Civil and Political Rights,
(ICCPR) 1966. Moreover, the Geneva Convention, 1949, on
humanitarian law, contains a common Article 3 which
prohibits torture and other degrading treatment during an
armed conflict “not of an international character.”9
Bangladesh ratified the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
1984, in 1996. Article 1 of the Convention defines torture as:
“... any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a
third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other
person acting in an official capacity.”
Article 2 of the Convention against Torture contains the
fundamental state obligation in the following way:
“1. Each State Party shall take effective legislative,
administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction.
9
See Convention for the Amelioration of the Condition of the Wounded and Sick
in Armed Forces in the Field, 1949; Convention Relative to the Treatment of
Prisoners, 1949; Convention Relative to the Protection of Civilian Persons in
Times of War, 1949.
25