whose rights under the Covenant have been violated. The Second Optional Protocol requires
states to take the necessary measures to abolish the death penalty. However, Bangladesh is yet to
ratify the two Optional Protocols.
Recommendations
55. The NHRC puts forward the following recommendations for full implementation of the
ICCPR in Bangladesh:
-
The Government of Bangladesh should withdraw reservation regarding trial in absentia
and declarations made relating to prisoners right, compensation in case of miscarriage of
justice under various provisions of the ICCPR.
-
The Government of Bangladesh should ratify the Convention for the Protection of All
Persons from Enforced Disappearance, 2006. Bangladesh should include the crime of
enforced disappearance into its criminal law. It should enact separate legislation or
reform the existing penal law for prohibition and criminalization of the enforced
disappearance.45 However, given the special nature of the crime and numbers of victims
potentially involved in enforced disappearance, a separate law criminalizing it is
preferable. The specific law criminalizing enforced disappearance can provide legal
protection and remedies to the victims of enforced disappearance in Bangladesh.
-
Accountability of state agencies including law-enforcement agencies should be ensured
through ending of impunity for committing the crime of extra-judicial killing, torture and
enforced disappearance. Every incidence of extra-judicial judicial killing, torture and
enforced disappearance must be investigated and responsible persons-whether
government officials or private entities, should be prosecuted.
-
Bangladesh should ratify the two Optional Protocols in order to fully implement the
rights guaranteed under the ICCPR.
-
In order to ensure transparency and accountability of actions of the police authorities, it is
imperative that the directives of the Supreme Court in BLAST vs. Bangladesh and
Saifuzzaman vs. State should be implemented as soon as possible. Legislative reform
should be initiated in line with the recommendations and guidelines of these judgments.
-
Compensation scheme should be introduced for victim of extra-judicial killing, torture
and enforced disappearance.
-
A national law on witness and victim protection should be adopted and an effective
program for witness and victim protection should also be put in place.
45
Sayed Masud Reza, Disappearance: Contemporary Context, Dhaka, National Human Rights Commission of
Bangladesh, 2013, p. 14.
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