taken to ensure compliance of the accepted treaty
obligations under the CAT.
As the study highlights, acts of torture in most cases are
results of the violation of legal norms, rather than absence of
laws. Although weaknesses in the existing legal framework
contribute to torture and hence require reforms, what make
people more vulnerable to torture are lack of accountability
and a culture of impunity – together they undermine all the
legal guarantees against torture and other cruel, inhuman
and degrading treatment or punishment. It is for this reason
that democratic governance is crucial for combating torture
by asking for more accountability and ensuring more
publicity of both rights and their violations.
Yet, democratic governance as a matter of right is somehow
excluded from the discourse on democratic governance in
Bangladesh. This omission of the legal dimension of
democratic governance facilitates the exclusion of the
governed in the process of governance, despite occasional
arrangements for target group consultations on certain
issues. In a systematic manner, this exclusion turns ‘citizens’
into the ‘subjects’ of the State, in which they are put under all
forms of regulation in the name of greater public interest
without any proper opportunity of being consulted. The lack
(rather ignorance) of a well-articulated legal basis for
democratic participation in governance leaves citizens with
few options to intervene in this process of exclusion. As a
result, the fragile political structure coupled with ‘low
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