Arbitrary Arrest, Detention and Extracting Confession through Torture in Bangladesh: A Legal Analysis

S M Shahidul Islam, Md. Ramjan Hossain

Abstract:

The main objective of this paper is to analyze the various types of irregularities that are being practiced by the law enforcing agencies and the magistrates in the Criminal Justice System of Bangladesh, in case of arbitrary arrest, detention and extracting confession through torture. In doing the assessment, this paper has examined the relevant existing laws of Bangladesh along with international Conventions in this arena. All successive Government of Bangladesh has failed to prevent torture under arbitrary arrest, detention and extracting confession in the country and suppressed the rights of the citizen even fundamental rights over the years. Some evidences have also shown to suggest that convictions based exclusively on confessions are frequent occurrences in Bangladesh because it is the easiest way of proving a case. For preventing those irregularities on 24 May, 2016 Appellate Division of Bangladesh Supreme Court has upheld the directives of the High Court Division (verdicted in the BLAST and Others vs Bangladesh case1 ). Those directives have been discussed in this paper. Finally, the paper has suggested some courses of actions to be taken in order to prevent arbitrary arrest, detention and forcible extraction of confession.

Keywords:

Arrest, Remand, Detention, Confession, Confessional Statement and Torture

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