CAT: A Study on Bangladesh Compliance
The language of this Article is taken verbatim from Article 5
of the Universal Declaration of Human Rights (UDHR). It
reflects Bangladesh’s endorsement of an international
standard prohibiting torture. Later, Bangladesh explicitly
exhibited its international commitment by acceding to the
Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT) on October 5,
1998.
As we have seen earlier, under Article 4 of the CAT, each State
Party to this Convention must ensure not only that all acts of
torture as well as attempts to commit torture are offences
under its criminal law, but also they are punishable under
appropriate laws. Although the prevailing laws in
Bangladesh do not have any precise definition of torture,
there are a number of laws that penalise conduct amounting
to torture. For example, the Police Act of 186124 provides that
every police officer who shall offer any unwarrantable
personal violence to any person in his custody shall be liable
to a penalty not exceeding three months’ pay or to
imprisonment, with or without hard labour, for a period not
exceeding three months or to both.25 However, this provision
does not apply to Dhaka Metropolitan area,26 Chittagong
24
Act No. V of 1861.
Section 29.
26
See, Dhaka Metropolitan Police Ordinance, 1976 (Ordinance No. III of 1976),
Section 3.
25
29