Torture and Custodial Death (Prevention) Act, 2013

The Torture and Custodial Death (Prevention) Act, 2013 (Bengali: নির্যাতন এবং হেফাজতে মৃত্যু (নিবারণ) আইন, ২০১৩) is an Act passed by the Jatiya Sangsad in 2013 to prohibit torture in custody in Bangladesh.^[1]

Torture and Custodial Death (Prevention) Act, 2013
Jatiya Sangsad
Citation	Act No. 50 of 2013
Territorial extent	Bangladesh
Enacted by	Jatiya Sangsad
Enacted	27 October 2013
Assented to	27 October 2013
Commenced	27 October 2013
Status: In force

The law states that the Police, Rapid Action Battalion, Border Guard Bangladesh, Customs, Immigration Department, Criminal Investigation Department, intelligence agencies, Ansar & VDP, Coast Guard and other public servants cannot extract confessional statements via torture. The law states any custodian torturing a detainee would be liable of committing offences under the law. It states any person attempting to commit, aiding and abetting to commit, or conspiring to commit an offence must be considered an offender. The law stipulates for any death in custody, the custodian would be awarded with rigorous life imprisonment or a fine of ৳100,000. They must also compensate family members of the affected with ৳200,000.

History

The Torture and Custodial Death (Prevention) Act, 2013 was passed in by the Awami League-led Government of Prime Minister Sheikh Hasina as part of its commitment to the United Nation's Committee Against Torture. Bangladesh ratified the United Nations Convention against Torture in 1998.^[2][3]

In 2017, Bangladesh Police demanded that the Government of Bangladesh repeal the Torture and Custodial Death (Prevention) Act.^[4][5] Bangladesh Police also requested Prime Minister Sheikh Hasina to amend the law to allow bail for law enforcement officers charged under the act.^[6]

The Daily Star reported in 2020 that the people were too scared to file cases under the act as they feared reprisals from law enforcement.^[2] On 9 September 2020, the first verdict was issued under the Torture and Custodial Death (Prevention) Act. On 8 February 2014, Ishtiaque Hossain Jonny and his brother, Imtiaz Hossain Rocky, got in an argument with two police informant who were drunk and harassing women at a wedding. The brothers were detained by officers from Pallabi police station. In custody Jonny was tortured to death. KM Emrul Kayesh of the court sentenced three police officers from Pallabi police station to life imprisonment over the death of Jonny under the Torture and Custodial Death (Prevention) Act. The court also sentenced two informants to seven years imprisonment.^{[7][8][9][10]}

On 2 April 2020, former Inspector of Amtali Police Station, Manoranjan Mistry, was charged under this act for the death of Shanu Hawlader, a 55 year old farmer, in police custody.^[11]

References

1. "When even a good law can't protect you". The Business Standard. 6 March 2021. Retrieved 7 March 2021.
2. Sarkar, Ashutosh (9 September 2020). "Custodial deaths: Law there, victims afraid to file cases". The Daily Star. Retrieved 7 March 2021.
3. "Bangladesh and the fight to end torture". The Daily Star. 29 July 2019. Retrieved 7 March 2021.
4. "Police want law against custodial torture scrapped". The Daily Star. 24 January 2017. Retrieved 7 March 2021.
5. "Police's strange demand". The Daily Star. 25 January 2017. Retrieved 7 March 2021.
6. "Custodial Torture, Death: Cops want bail provision for the accused". The Daily Star. 9 January 2018. Retrieved 7 March 2021.
7. "Jonny's custodial death case: Lessons learned from the verdict". The Daily Star. 29 September 2020. Retrieved 7 March 2021.
8. "Justice for Jonny: Ending impunity for custodial torture at last". The Daily Star. 11 September 2020. Retrieved 7 March 2021.
9. "A historic verdict: 3 policemen get life term for custodial death". The Daily Star. 9 September 2020. Retrieved 7 March 2021.
10. "'I'm satisfied, sir!': victim's brother weeps after 1st verdict on custodial death". The Daily Star. 9 September 2020. Retrieved 7 March 2021.
11. "Barguna custodial death: Suspended Amtali inspector sued". The Daily Star. 2 April 2020. Retrieved 7 March 2021.