Advocate Shahanur Islam: In
spite of Article No. 35 (5) of the constitution of the People’s
Republic of Bangladesh, prohibited torture completely, incident torture
is increasing day by day. International Convention Against Torture (CAT)
hasalso been declared torture as the punishable offence.As the member state of above mentioned convention Bangladeshis bound to comply with this convention i.e it is bound to take necessary step regarding this matter. Rather, without ratify that article No. 14 of the international convention against Torture which is most effective againsttorture, Bangladesh has made the convention against torture totally ineffective.
Moreover, Bangladesh did not promulgate
any act till now treating torture as an offence in the prevalent law. As
a result, way of getting relief by the victim of torture in the
prevalent law remained closed i.e. it is not becoming possible to get
any relief against the perpetrators in the prevalent law of Bangladesh.
Main weapon of torture by the police in
Bangladesh remains within the laws prevalent in the country. Especially
they oppress at different time by abusing section no. 161, 54 and 167 of
the criminal procedure code. Rules and provision of taking and writing
down of the evidence of witness at the time of investigation of any
complain has been described in section of 161 of Cr. P.C. According to
the said section, in the case of recording of witness after taking a
witness by a witness there is no requirement of signature of the said
witness. As a result, investigation officer gets the opportunity for
recording witness according to his wish and makes abuse of that.
At many occasions, they get the
opportunity to complete investigation by recording information according
to their wish without appearing to the witness or without taking their
statement. In the majority of cases it is seen that, as a result of
personal enmity with the investigation officer or for realizing illegal
money or being influenced by others through taking of unlawful money
they record names of different innocent person in pursuance of witness
given by the previous witness subsequently he realizes unlawful money
and mitigates his aggression.
Many people die as a result of it and
many become disabled for their whole life. If after making amendment of
section 161 of the Cr. P.C provision shall be made for taking of
signature of the witness by his own hand after reading out it for the
hearing of the witness, then the way of harassment or oppression or
torture of the innocent people by implicating an innocent person through
the recording of false witness in the way shall be thwarted to some
extent.
Besides, police is oppressing or violating human rights on regular basis through the application of Section no. 54 of the Criminal Procedure Code. Said section gave police extensive power to arrest without warrant. Even Police can arrest any one due to suspicion by the without warrant. However, suspicion must be logical.
There must be strong basis of suspicion.
Suspicion must not be whimsical. But the police administration is
continuing merciless torture by arresting innocent persons by abusing
the said power. Although in the said section nine conditions were
mentioned clearly, yet police don’t care the said condition in the least
and they arrest according to their wish and realize money and make
oppression. In this way by making abusing section 167 of the Criminal
Procedure Code Police is continuing torture and violation of human
rights regularly.
In section 167 of Cr.P.C has been given
power to make interrogation of the accused in the interest of
investigation. In this case it has been said that, if it shall not
become possible to complete the works of investigation within 24 hours
of arrest of an accused and if it shall appear relevant police official
logically that more information shall be received from him, then he may
take him under remand subject to the permission of the learned
Magistrate. But they can not make torture upon an accused by the name of
remand.
In the Writ petition No. 3806/1998 regarding the killing of the meritorious student Rubel popularly known as BLAST case filed by the Bangladesh Legal Aid and Services Trust (BLAST) on 07 April, 2003 a bench of High Court Division of the Bangladesh Supreme Court comprising Justice Md. Hamidul Haque and Justice Salma Masud Chowdhury pass an epoch making judgment regarding section no. 54 of the criminal Procedure Code relating to arrest on suspicion and for amendment of Section no. 167 of Cr. P.C regarding police remand and directed the government for amending the relevant act. Simultaneously High Court opined to abide by some specific guide lines in these two cases until the time of promulgation of new act.
In the direction given by the court
mainly two recommendations have been made. firstly, in it has been said
to add sub-Section (2) to the section no. 54 of the Cr. P. C and amend
sub section (3), (4) and (5) of Section no. 167 of Cr.P.C Simultaneously
it has been said to increase the extent of the awarded punishment under
the section 220 and 348 of the penal code by making amendment of these
to section.
Guideline given in the case of Section no. 54 of the criminal Procedure Code includes- for arresting any person under this section, after expressing their own identity that matter shall have to be informed to his close relative. And it has been said that if arrest is done from the road, then for what cause the arrested person has been arrested that shall have to be informed within three hours.
In special case of arrest, medical check
up shall have to be done immediately after the arrest. The court also
recommended that, if there shall have any mark of injury on the body of
the arrested person, then the relevant police officer shall record the
matter properly and if there shall not be any proper cause, order of
detention shall not be given after arrest under section no. 54 of the
Criminal Procedure Code.
The Court said about remand given under section 167 of the Criminal Procedure code, no accused shall be given remand to police. If it shall be necessary to make interrogation in the interest of investigation, then only Investigation Officer may do that in a separate room of the jail. In its opinion the Court further said that, for giving remand in any case relevant Magistrate shall have to be sure that, specific policy has been followed in that case. In this case Magistrate shall have to hear the saying of the arrested and his advocate.
Above all, Metropolitan Sessions Judge
or Sessions Judge shall ensure the order of remand. Arrested persons
shall have the opportunity of opposing or objecting in there also. For
giving remand in this case medical cheek up shall have to be done
instantaneously and if the arrested person shall complain about torture
after completion of remand, then medical cheek up shall have to be done
again. If the doctor (Physician) shall become sure about torture,
Magistrate shall take lawful measure against the investigation officer
immediately without any formal petition.
The court further mentioned that, if
there shall be requirement of interrogation of some one, then
interrogation of the arrested person of a jail shall have to be done in a
glass room in presence of advocate appointed by him and his relatives.
So that in the interest of the investigation relatives and advocate of
the arrested person shall not hear any question-answer. But they may
observe on the matter whether or not any torture is inflicted. But we
did not follow the above mentioned direction.
The writer is Founding Secretary General, JusticeMakers Bangladesh; email: saikotbihr@gmail.com; blog: www.shahanur.blogspot.com
1. Law for Resisting torture: Bangladesh Perspective, BanglaNews24.Com, November 25, 2012
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1. Law for Resisting torture: Bangladesh Perspective, BanglaNews24.Com, November 25, 2012
Personal site of Advocate Shahanur Islam (an young, ascendant and promising human rights defender and lawyer) working for ensuring human rights, rule of law and social justice in Bangladesh and the Globe. কপিরাইট © অ্যাডভোকেট শাহানূর ইসলাম সৈকত. সকল সত্ব ® সংরক্ষিত. শাহানূর ডট ব্লগস্পট ডট কম'র প্রকাশিত/প্রচারিত কোন নিবন্ধ, মতামত, তথ্য, ছবি, আলোকচিত্র, ভিডিও চিত্র, অডিও কনটেন্ট কপিরাইট আইনে পূর্বানুমতি ব্যতীত ব্যবহার আইনগত দণ্ডনীয়.
