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). 51

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