The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
safeguards enshrined in Articles 33 (1) and (2) of the
Constitution do not apply. Since its incorporation in the
Constitution, the provisions for preventive detention have
been used for political repression; hence, the Special Powers
Act is often referred to as a ‘black law.’ A law providing for
preventive detention must show that there is a compelling
State necessity for such detention and the necessity cannot be
fulfilled by any other reasonable means keeping at large the
person sought to be detained. In other words, the grounds for
detention must be substantively reasonable in relation to the
demands of an ordered society and the security of the State.63
Moreover, the Constitution or other laws as applicable in
Bangladesh do not provide for compensation for the victims
of unlawful arrest or detention, while the ICCPR categorically
states that “[a]nyone who has been the victim of unlawful
arrest and detention shall have an enforceable right to
compensation.”64 The English law concept of tort, which is
hardly used in Bangladesh, is the only available legal
measure to obtain compensation if one can show wrongful
imprisonment.
Treatment of Prisoners:
There are no provisions relating specifically to the treatment
of prisoners in the Constitution. Article 10 of the ICCPR, in
contrast, states that those deprived of their liberty shall be
64
See, Article 9(5) of the ICCPR.
53