The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance safeguards enshrined in Articles 33 (1) and (2) of the Constitution do not apply. Since its incorporation in the Constitution, the provisions for preventive detention have been used for political repression; hence, the Special Powers Act is often referred to as a ‘black law.’ A law providing for preventive detention must show that there is a compelling State necessity for such detention and the necessity cannot be fulfilled by any other reasonable means keeping at large the person sought to be detained. In other words, the grounds for detention must be substantively reasonable in relation to the demands of an ordered society and the security of the State.63 Moreover, the Constitution or other laws as applicable in Bangladesh do not provide for compensation for the victims of unlawful arrest or detention, while the ICCPR categorically states that “[a]nyone who has been the victim of unlawful arrest and detention shall have an enforceable right to compensation.”64 The English law concept of tort, which is hardly used in Bangladesh, is the only available legal measure to obtain compensation if one can show wrongful imprisonment. Treatment of Prisoners: There are no provisions relating specifically to the treatment of prisoners in the Constitution. Article 10 of the ICCPR, in contrast, states that those deprived of their liberty shall be 64 See, Article 9(5) of the ICCPR. 53

Выберите целевой абзац3