The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
7. Recommendations
7.1 Legal Reform
Right to Life116
As per Article 6 of the ICCPR, the State parties, which are not
obliged to abolish the death penalty totally, are obliged to
limit its use and, in particular, to abolish it for other than the
‘most serious crimes’. In this context, the government should
consider reviewing the criminal laws as applicable in
Bangladesh in order to restrict the application of the death
penalty to the ‘most serious crimes’. Besides this, the
expression ‘most serious crimes’ must be read restrictively to
mean that the death penalty should be a quite exceptional
measure and can only be imposed in accordance with the
law in force at the time of the commission of the crime and
not contrary to the Covenant. The procedural guarantees
therein prescribed must be observed, including the right to a
fair hearing by an independent tribunal, the presumption of
innocence, the minimum guarantees for the defence, and
the right to review by a higher tribunal. These rights are
applicable in addition to the particular right to seek pardon
or commutation of the sentence.
The extent of inflicting capital punishment is quite high in
Bangladesh. This phenomenon is closely related to the
economic and social circumstances in the country. People’s
117
See also, Human Rights Committee, CCPR General Comment No. 18 on Nondiscrimination, Thirty-seventh-session, November 10, 1989.
91
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