Abstract

Custodial torture has become a common phenomenon in Bangladeshi society. The Law Enforcement Agencies (LEA), Bangladesh Police, Parliamentary forces such as the Rapid Action Battalion (RAB), the Border Guards Bangladesh (BGB), the Directorate General of Forces Intelligence (DGFI), and the National Security Intelligence (NSI) inflict systematic torture in the name of interrogation in their respective custodies, camps, safe-houses, and secret detention centers upon an alleged accused. This custodial torture is prevalent in the country despite the constitutional guarantee of the prohibition of torture and other cruel, inhuman, or degrading treatment. Bangladesh also holds an international obligation to prevent this inhuman practice as it acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984. Following the provisions of the CAT, 1984 Bangladesh has enacted the Torture and Custodial Death (Prevention) Act 2013. By analyzing different provisions of the CAT and the Act of 2013 this paper argues that Bangladesh’s response to custodial torture is inadequate. It recommends that this inadequacy can be addressed by the amendment of the Act of 2013, ensuring its proper implementation, and creating awareness amongst LEA as well as the people at large about the prevention of torture.