Chapter introduction


Chapter 2 Analytical Developing Crime and Criminal Courts



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BREACH OF HUMAN RIGHTS CRIMINAL JUSTICE

Chapter 2
Analytical Developing Crime and Criminal Courts


2.1 Punishment in Criminal Justice System and Human Rights
According to Code Of Criminal Procedure, 1898 and Penal Code, 1860, all of criminal offences are related with punishment in Bangladesh. The treatment or conduct of criminal behavior is known as punishment in our criminal justice system or society. But under different Human Rights Treaty and Convention, protection of Human Rights must be insured during these punishments. With new criminological developments, particularly in the field of penology, it has been generally accepted that punishment must be in proportion to the gravity of the offence. It has been further suggested that reformation of criminal rather than his expulsion from society is more purposeful for his rehabilitation. With this aim in view, the modern penologists have focused their attention on individualization of offender through treatment methods.
The Constitution of Bangladesh states: “No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.” This provision is nearly duplicated in Article 7 of the ICCPR, which states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The People’s Republic of Bangladesh (Bangladesh) has bound itself to upholding human rights law by committing to a number of international human rights treaties. The government of People’s Republic of Bangladesh had registered some declarations and reservations to particular articles of the treaties and furthermore, Bangladesh has not yet ratified nor has it acceded to a number of international human rights treaties, particularly the Optional Protocols to the two International Covenants, i.e. the ICESCR and the ICCPR. The Second Optional Protocol of 15 December 1989 to the ICCPR aims at abolishing the death penalty. Likewise, it has not yet ratified or acceded to the Optional Protocol to the Convention against Torture (CAT).
The ICCPR expressly states in Article 6(2) that a sentence of death may be imposed only for the most serious crimes. The Human Rights Committee has stated that “the expression ‘most serious crimes’ must be read restrictively to mean that the death penalty should be a quite exceptional measure.” But the shocking breadth of crimes that attract the death penalty under Bangladeshi law breaches the ICCPR due to the economic and non-lethal nature of several of the crimes, such as dealing goods on the black market or counterfeiting. 1
Although it is a main purpose of police is to protect the innocent from the depredation of criminals. This involves two main tasks viz., to act as the watch and ward to prevent crime and to chase out criminals who have committed crime and bring them before a court of law for trial and punishment. The Constitution of Bangladesh expressly prohibits torture, Bangladesh fails to create a specific definition of torture and therefore allows impunity of law enforcement officials to engage in torture and torture is continuing here, that is proved by the cases of human rights violations handled by the NHRC involved misuse of power by police authorities, torture of detainees or under trial prisoners, killing of civilians under police custody, abduction allegedly perpetrated by Rapid Action Battalion (RAB), killing in “cross fire”, and illegal arrest and detention. That is why, it is suggested that the police should honor the culture of human rights rather than the technique of torture for their investigation. It should also provide additional powers to the National Human Rights Commission (NHRC) for creating a conductive atmosphere for the protection of human rights of the accused, suspects and under trial prisoners.


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