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Wednesday, December 23, 2009

[mukto-mona] JS body for law on custodial death, torture : We Want An Early Legislation_________________________



 

 


 

JS body for law on custodial
death, torture : We Want An Early Legislation

Newspapers have reported that an all-party parliamentary body unanimously agreed to enact a law for preventing custodial deaths and torture by all law enforcing agencies, with a maximum death penalty.  The parliamentary standing committee on private members’ bills and resolutions at its meeting Tuesday discussed a bill on prevention of custodial deaths and tortures.The  bill proposed that if any person dies in custody or becomes victim of torture at the hands of law enforcing agencies, the perpetrators will be held responsible.
   The bill also proposes death sentence for those responsible for deaths in custody. The minimum punishment for minor torture in custody is temporary suspension from service.  ‘We the MPs, irrespective of political identities, have approved the passage of the law to stop custodial deaths and tortures,’ Abdul Matin Khasru, the committee chairman, told bdnews24.com Tuesday evening after the meeting at parliament building. ‘I support the bill as custodial deaths and tortures worry us and the common people alike,’ Syeda Asifa Ashrafi Papiya, the lone member of the BNP at the committee, said. The chairman said his committee would finalise its recommendations on the bill at its next meeting for further scrutiny. As per the parliamentary practices, the bill will be tabled in parliament subject to approval of speaker. The bill can only be passed in parliament if the treasury bench desires. Otherwise, the private-member bill will be rejected by parliament after holding discussion on it.
   ‘According to the bill, law enforcer charged with custodial deaths and tortures must have to prove their innocence,’ Khasru said. According to Bangladesh’s legal principle, the plaintiff must prove the accused persons guilty. ‘I have inserted such provision for the accused to prove innocence as none other than the custodians are the witness of human rights violation in custody,’ Saber Hossain said after the meeting. He clarified that Bangladesh signed the UN convention against torture in 1998. ‘Bangladesh is in obligation to enact such law in line with the UN convention,’ he said.‘The bill should be considered as a tool to establish rule of law, good governance and protect human rights’.  Khasru said Saber’s bill will also propose punishment for the instigators.

We welcome the move. We are not sure whether this bills include cross-fire by the agencies because this is done by without taking the persons involved in official custody. Inclusion of the cross-fire deaths is a must in the present circumstances. Cross-fire must stop and no argument should stand in banning it.If necessary , longer preventive detention in certain category of cases may be considered.

 

 



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