CAT: A Study on Bangladesh Compliance
demonstrates that the laws relating to torture in Bangladesh
do no fully comply with the international treaty obligation on
the part of Bangladesh to criminalise and penalise the acts of
torture under the CAT. As a ratifying State of the CAT,
Bangladesh has yet to enact specific legislation making
torture as a criminal offence.
6. State Practice: Deviations from the
International and National Standards
Like in many other post colonial societies, torture by law
enforcement agencies is not a recent phenomenon in
Bangladesh. The organisational structure and all activities of
the police force in Bangladesh have long been regulated by
the Police Act of 1861, a legislation made by the British
colonial rulers. This law was meant for maintaining law and
order situations which existed hundreds of years ago and
most importantly, for protecting the vested interests of the
colonial power. This trend was prevalent even sixty years
after the British rulers had left the Indian sub-continent. In
independent Bangladesh also, successive political
governments exercised unrestricted and unauthorised
power over law enforcement agencies for political gains. As a
trade off, various law enforcement agencies enjoyed
opportunities to conduct a series of gross violations of
human rights with impunity that amounted to torture and
other cruel, inhuman and degrading treatment in violation of
the Constitution and other national and international laws.
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