Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
Although Bangladesh ratified the Convention against
torture, it has failed to adopt the legislation necessary to
implement the same.
Judicial decisions on Arrest, Detention and
Torture
Despite the legal and constitutional provisions against
arbitrary arrest and detention, the practice of arbitrary
arrest, detention and torture is rampant in Bangladesh.
Fortunately, the higher judiciary in Bangladesh has taken a
proactive stand in prevention of arbitrary arrest and
detention and protection of people from torture. The most
important judicial decision in this regard in recent years is
BLAST vs. Bangladesh.10
In BLAST(Bangladesh legal Aid and Services Trust) vs.
Bangladesh, Shamim Reza Rubel, a university student was
picked up by the Detective Branch (DB) of the police on 23
July 1998 from in front of his house on Siddeswari Road in
Dhaka at 4.30 p.m. and he was severely beaten. Shamim was
pronounced dead at the emergency section of DMCH by
doctors at 9-45 p. m. on the same day. He was brought by a
group of plain clothes men who identified themselves as
members of the DB. A hospital official said the dead body
was not registered. The witnesses also said police were
asking Shamim to say that he had illegal arms in his
possession. The killing of Shamim by the DB of the police
10
55 DLR (HCD) (2003) 363
27