The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
and national legal regimes protecting these rights. In the
following sub-sections, we attempt to expose those gaps.
Right to Life:
Article 6 of the ICCPR guarantees the inherent right to life,
and provides that the death penalty should only be used for
the most serious crimes. It also lays down the right to seek
pardon or commutation of a death sentence. Article 32 of
the Constitution separately deals with the deprivation of life,
although this could have been covered by Article 31. By
treating this subject separately, the drafters of the
Constitution demonstrated the importance that they
attached to it. But our Constitution does not lay down any
guidelines for the use of capital punishment and nor does it
discourage the practice. Section 367 (5) of the CrPC, 1898
provided that if an accused convicted of an offence
punishable with the death penalty is given a lesser sentence,
the Court should state the reason for awarding the lesser
sentence. In 1978, this section was amended requiring the
court to assign reasons for passing the sentence, be it the
death penalty or life imprisonment. This law, as it stands
now, is more in conformity with Article 32 of the Constitution
than it was previously.56 However, the code of Criminal
Procedure does not specify that capital punishment should
be restricted to the most serious cases in accordance with
the corresponding provision of the ICCPR.
56
M Islam, Constitutional Law of Bangladesh (Dhaka: BILIA, 1995), 167.
47