New Bangladesh law to prevent custodial deaths

A tough new law that provides for life imprisonment for members of police and other law enforcement agencies found guilty of custodial deaths has been passed by Bangladesh's parliament.
The Torture and Custodial Death (Prevention) Act 2013, which now awaits a routine presidential endorsement, was passed nearly five years after ruling Awami League lawmaker Saber Hussian Chowdhury brought it as a private member's bill.
"For any death in custody (to be caused by tortures), the custodian would be awarded with rigorous life imprisonment or a fine of 100,000 Taka. In addition, they must compensate family members of the affected with 200,000 Taka," stated the new law passed by the Jatiyo Sangshad (parliament) last night.

According to the law, the accused will not be able to justify their acts by citing "exceptional circumstances" like the state of war, internal political instability, state of emergency or order of a superior officer.
"During the (past) BNP rule, I was confined to police custody. When I described the tortures to our leader (Prime Minister Sheikh Hasina), she asked me to prepare a bill for stopping such torture in custody if we came to power," Chowdhury told the House, referring to the background of his initiative.
Under the law, personnel of police, Rapid Action Battalion (RAB), Border Guard Bangladesh (BGB), Customs, Immigration, Criminal Investigation Department (CID), intelligence agencies, Ansar and Village Defence Party, Coast Guard and other public servants cannot extract confessional statement through torture.

"Any person attempting to commit, aiding and abetting to commit, or conspiring to commit an offence must be considered as an offender," the law said.

The bill was was introduced a few months after the current parliament first sat in 2009. It was drafted to conform to the UN convention against torture and cruel, inhumane or degrading treatment or punishment, adopted in 1984.
Bangladesh signed the convention in 1998, during the previous tenure of the Awami League-led government, promising to create effective legislation and take administrative, judicial or other measures to prevent acts of torture.
According to the law, the court will immediately record the statement of any person who declares he was tortured in custody and then order physical examination of the victim by doctors.

The London-based Amnesty International last year said more than 600 people were believed to have killed by RAB personnel alone since 2004 when the force was created.