The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
from which the general populace can hold public officials
and politicians to account, protect themselves from
discriminatory treatment and exploitation and resolve
conflicts at individual or collective levels. As conventional
wisdom and global experience demonstrate, a wellfunctioning legal apparatus is one in which law is applied in a
fair manner by judges and adjudicators, without undue
delays or exorbitant costs, where judicial decisions are
transparent and imparted on the basis of accurate
assessment of the facts and circumstances and objective
application of appropriate rules.51 The Constitution of
Bangladesh, with the same spirit, guarantees as a
fundamental right that “[e]very person accused of a criminal
offence shall have the right to a speedy and public trial by an
independent and impartial court or tribunal established by
law.”52 In 2004, the government enacted the Speedy Trial Act
to expedite selected criminal cases of heinous nature.
The Constitution also recognises that all are equal before
law53 and are entitled to equal protection of law. In the case
of Dr. Neelima Ibrahim Vs. State, it was held that the
principle of audi alterem partem (hear the other party)
unless expressly excluded by law or by the nature of the
objects of any particular law is to be implied to have been
51
See, ibid.
Article 39 (3) of the Constitution. Emphasis added.
53
Article 27 of the Constitution.
54
32 DLR (1980) 201.
52
45