Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
arbitrary arrest, detention and torture. Bangladesh acceded
to the International Covenant on Civil and Political Rights
(ICCPR, 1966) in 2000. It includes the right to life, including
restrictions on the circumstances in which capital
punishment may be imposed (Article 6). To protect this right,
a State must provide legal protection at both state and
individual levels. Thus, a State must take measures to
prevent arbitrary state killings as well as arbitrary killings by
individuals. It also prohibits torture (Article 7). The ICCPR
also makes provision for prohibition of arbitrary arrest or
detention (Article 9(1) and provides some rights upon arrest
or detention. The rights of persons who are arrested or
detained include the right to be informed of the reason for an
arrest and of any charges; to be brought promptly before a
judicial officer; to be tried within a reasonable time; to take
proceedings before a court to have the lawfulness of an
arrest or detention determined without delay; to obtain
compensation if unlawful arrest or detention is established.
However, Bangladesh made some reservations and
declarations to the ICCPR to limit its application. For
example, Bangladesh has made a Declaration on Article 10,
11 and 14. The Declaration provides that so far as the first
part of paragraph 3 of Article 10 relating to reformation and
social rehabilitation of prisoners is concerned, Bangladesh
does not have any facility to this effect on account of
financial constraints and for lack of proper logistical support.
But the last part of this paragraph relating to segregation of
juvenile offenders from adults is a legal obligation under
Bangladesh law and is followed accordingly.
23