The Constitution not only guaranteed a series of civil and
political rights as fundamental rights of each citizen, but also
granted those rights the status of the supreme law of the
country. Thus, it is stipulated in the Constitution that the State
shall not make any law inconsistent with any provisions of
these fundamental rights, and any law, inconsistent with such
rights, shall be null and void to the extent of such
inconsistency.9 In other words, derogation from the standard
set forth in the provisions apropos the fundamental rights is
not permissible under normal circumstances. Besides, the
right to judicial remedy in case of violation of fundamental
rights is also guaranteed as a fundamental right of any
citizen.10
Yet, while the Constitution and other enforceable laws of
Bangladesh guarantee a series of civil and political rights
including the right to life and due process of law, various law
enforcement agencies, on the other hand, continue to
violate these sacred rights of the citizens in complete
deviation from international and national standards. Again,
certain national laws are designed in such a way that serves
narrow political interests, but undermine the internationally
accepted standard of human rights. It is in this context of the
gap between law and practice as well as the gap between
international and national standards that this Compliance
Study on the International Covenant on Civil and Political
9
10
20
Article 26 of the Constitution.
Article 44 of the Constitution.