CAT: A Study on Bangladesh Compliance
standards of the Convention, at a minimum. In particular, the
Committee against Torture emphasises that elements of
intent and purpose in Article 1 do not involve a subjective
inquiry into the motivations of the perpetrators, but must
rather be objective determinations under the
circumstances.74 It is essential to investigate and establish
the responsibility of persons in the chain of command as well
as that of the direct perpetrator(s).
4. Under the CAT, States bear international responsibility for
the acts and omissions of their officials and others, including
agents, private contractors, and others acting in an official
capacity or acting on behalf of the State, in conjunction with
the State, under its direction or control, or otherwise under
cover of law. Accordingly, the government should take legal
measures to prohibit, prevent and redress torture and illtreatment in all contexts of custody or control, for example,
in prisons, hospitals, schools, institutions that engage in the
care of children, the aged, the mentally ill or disabled, in
military service, and other institutions as well as contexts
where the failure of the State to intervene encourages and
enhances the danger of privately inflicted harm.
5. The protection of certain minority or marginalized
individuals or populations especially at risk of torture is a
part of the obligation to prevent torture or ill-treatment.
Bangladesh must, therefore, ensure the protection of
74
Ibid.
53