The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
be convicted to any offence except for violation of a law in
force at the time of the commission of the act charged as an
offence, nor be subjected to a penalty greater than, or
different from that which might have been inflicted under
the law in force at the time of the commission of the
offence”. The same Article prohibits double jeopardy.
Besides, the Constitution guarantees that every person
accused of a criminal offence shall have the right to a speedy
and public trial by an independent and impartial court or
tribunal established by law; no person accused of any
offence shall be compelled to be a witness against himself;
and no person shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment.
So far as the trial of the juveniles is concerned, the Children
Act 1974 categorically prohibits the trial of juveniles with
adults. In the case of State-Vs.-Deputy Commissioner,
Satkhira and others, a Division Bench of the High Court
Division held that “no child is to be charged with or tried for
any offence together with an adult. The Child must be tried in
the Juvenile Court and not in the ordinary Court”.38 Similarly,
in the case of Shiplu and another –Vs.- The State, it has been
held that any order of conviction and sentence passed by the
Trial Court not being a Juvenile Court in respect of an accused
below the age of 16 years is liable to be set aside for want of
38
Reported in 45 DLR (HCD) 643.
Reported in 49 DLR (HCD) 53.
40
See, Article 8 (1) of the Constitution.
39
39