under these provisions. The punishment of criminal force
and assault are so negligible that it will betray the
international obligation of Bangladesh as committed in
Article 4 of the CAT, if the cases of torture are prosecuted
under these penal provisions.
Similarly, torture arising primarily out of severe mental pain
or suffering may fall under the offence of criminal
intimidation, but torture arising out of physical pain or
suffering is foreign to the penal provisions of Bangladesh
concerning criminal intimidation. Moreover, punishments
prescribed for criminal intimidation are not as grave as the
punishment for torture should be. In this sense, Bangladesh
cannot claim the offence of criminal intimidation as the
discharge of her international obligation under Article 4 of
the CAT.
The same is true for the penal provision prohibiting personal
violence or threats by a police officer against any person in
his custody. Although inflicting personal violence upon any
person in custody may amount to torture under the laws
regulating the police forces, the definitions of these offences
do not fully cover the definition of torture as given in Article 1
of the CAT. Moreover, the punishments prescribed for these
offences are also trivial. Therefore, in this context, it would
be odd to claim that Bangladesh has complied with Article 4
of the CAT by merely making this offence punishable.
The foregoing analysis of the gap between the international
and national legal regimes dealing with torture
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