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- Title
Arbitrary Arrest and Detention in Bangladesh.
- Authors
Al Faruque, Abdullah; Bari, Hussain Mohmmad Fazlul
- Abstract
In Bangladesh, arbitrary arrest, detention and custodial death remain a persistent feature of criminal justice system. Although there are statutory and constitutional safeguards to protect the liberty and security of citizens, in practice, there are many allegations of misuse or abuse of provisions of the laws that regulate arrest and remand. This paper sheds light on the legal regime for prevention of arbitrary arrest and detention and judicial interpretation of the provisions relating to arrest and detention in Bangladesh. Although the apex court of Bangladesh has played a proactive role in upholding the personal liberty of individuals by delivering guidelines and decisions restraining arbitrary arrest and detention, these remain largely ineffective due to lack of compliance by law-enforcement agencies and a lack of law reform. This article also examines different aspects of recent legislative measures to address the issue of custodial death in Bangladesh. It concludes that the legislature should holistically review the existing laws in light of the judicial guidelines, constitutional provisions, and human rights treaties that Bangladesh has ratified to prevent arbitrary arrest, detention and custodial death.
- Subjects
BANGLADESH; ARBITRARY arrest &; detention; CRIMINAL justice system; CONSTITUTIONAL law; LAW reform
- Publication
Australian Journal of Asian Law, 2019, Vol 19, Issue 2, p1
- ISSN
1443-0738
- Publication type
Article