CAT: A Study on Bangladesh Compliance
the Prisons Act set clear guidelines limiting the application of
the provisions on use of bar fetters, and as such their use did
not amount to an infringement of the fundamental right to
prohibition on cruel and degrading treatment or
punishment.71
Inhuman Condition in Prison Vans:
There are 19 prison vans in the capital to transport prisoners
to and from courts. Together, these vans have the capacity to
carry 84 prisoners. Of these 19 vans, 4/5 are out of service
almost everyday; meaning, only 15 vans with a capacity of
about 65 prisoners are used to carry more than 600 prisoners
everyday in the capital.72 The numbers here give a clear
picture of inhuman treatment that the prisoners experience.
7. Recommendations
7.1. Legal Reform73
1. Bangladesh is under legal obligation to make the offence
of torture punishable as an offence under its criminal law, in
accordance, at a minimum, with the elements of torture as
defined in Article 1 of the Convention, and the requirements
of Article 4. Given that the offence of torture is distinct from
71
ASK v Bangladesh, Writ Petition No. 2852 of 1997, per Justice Nazrul Islam
Chowdhury and Justice Md. Rezaul Haque. See also, ASK Annual Human Rights
Reports (2006).
72
The Daily Shomokal, July 24, 2008.
73
See also, the General Comment of the Committee Against Torture on Article 2
of the CAT. See, CAT/C/GC/2 (January 24, 2008).
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