379, No. [17] Amnesty Intl., Death Sentences and Executions in 2007, p. 6, ACT 50/001/2008, Apr. There’s outcry over the rise in sexual assault and rape in the country over recent years . p. 169. he be hanged by the neck until he is dead, World Coalition Against the Death Penalty, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Bangladesh:Criminal justice through the prism of capital punishment and the fight against terrorism, "The death penalty and the "most serious crimes, "Criminal justice through the prism of capital punishment and the fight against terrorism", "UN to help Bangladesh war crimes trial planning", "Letter to the Bangladesh Prime Minister regarding the International Crimes (Tribunals) Act", https://en.wikipedia.org/w/index.php?title=Capital_punishment_in_Bangladesh&oldid=994243087, Articles with unsourced statements from May 2020, Creative Commons Attribution-ShareAlike License, This page was last edited on 14 December 2020, at 19:33. The Bangladesh Guard may be included along with other military branches, per legislation pending during our research. [3] Amnesty Intl., Death Sentences and Executions in 2018, p. 19, ACT 50/9870/2019, Apr. The Free Thought Project October 13, 2020. of State, 2009 Human Rights Report: Bangladesh, Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136085.htm, Mar. [13] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. Report Of The Special Rapporteur On The Independence Of Judges And Lawyers, Leandro Despouy Addendum Situations In Specific Countries Or Territories, pp. /"Death Penalty | Amnesty International". Bangladesh has seen a surge of sexual crimes in recent years, with nearly 1000 incidents reported between January and September, more than a fifth of them gang rapes, according to human rights group Ain-o-Salish Kendra. Retrieved 2015-11-22. The horrifying footage, which shows the 35 … Nusrat Jahan Rafi, 19, died in April in Feni, a small town some 160km (100 miles) outside the capital Dhaka. 401-402A, No. [18], Military Offenses Not Resulting in Death.Civilians may be executed for abetting mutiny. Article 25 of the Constitution of the People’s Republic of Bangladesh recognizes the United Nations Charter, and Article 47 recognizes humanitarian law and provides that the Constitution will not limit the application of international treaties and the law of war. Female prisoners may be incarcerated alongside male prisoners, and this and the practice of assigning male prisoners to cook for and feed female prisoners may continue to expose female prisoners to sexual assault and extortion. If you have a disability and are having trouble accessing information on this website or need materials in an alternate format, Retrieved 22 November 2013.]. This does not elevate the death penalty to constitutional status, but it is constitutional reference to a body of law that includes the death penalty. Capital punishment in Bangladesh is a legal form of punishment[1] for anyone who is over 16, however in practice will not apply to people under 18. 15 March 2014. See e.g. 19 of 1923. [5] Human Rights Watch, Bangladesh: Repeal New Terror Law, http://www.unhcr.org/refworld/docid/486b3ae6a.html, Jun. Overcrowding is so severe that some prisoners have to sleep in shifts, and disease is a serious problem. 26, 2014. On appeal, the Appellate Division commuted Ali's death sentence to life imprisonment for "until natural death". 8283 of 2005. Published: 00:00, Dec 01,2020 ‘Number of rape will not automatically decline with the arrest and conviction of rapists until and unless we focus on the underlying reasons that sustain a rape culture.’ THE recent incidents of rape sparked massive protests across the country. [6], The Constitution of Bangladesh does not anywhere expressly recognise International Human Rights law, although some articles recognise international human rights. [28] Capital Punishment U.K., Executions, http://www.capitalpunishmentuk.org/world.html, last accessed Mar. The government of Bangladesh has approved measures to allow for the death penalty for rape, after several high-profile sexual assault cases set off widespread protests in recent weeks. (This question was last updated on May 30, 2019.). A/73/589/Add.2, Dec. 4, 2018. 18, 2010. 44 of 1992, translation: Heidelberg Bangladesh Law Translation Project. 18 of 1995, translation: Heidelberg Bangladesh Law Translation Project; Bangladesh Suppression of Terrorist Offenses Act, art. A/63/716, Feb. 12, 2009. Along with Japan, Taiwan, and Singapore, the United States is one of four advanced democracies and the only developed Western nation that applies the death penalty regularly. [9] Presumably, such an opinion discusses the protection against torture or cruel, inhuman or degrading punishment or treatment, or (somewhat weaker) due process and fair trial protections under Articles 32 and 35 of Bangladesh’s constitution. of State, Background Note: Bangladesh, http://www.state.gov/r/pa/ei/bgn/3452.htm, May 24, 2010. [2] U.S. Dept. At least 1,500 people were known to be under sentence of death at the end of 2018. [5]. [2] These provisions do not expressly recognize international human rights law, although they may imply some recognition of international human rights. [4] U.N.G.A. [20], Other Offenses Not Resulting in Death.- Attempted Dowry Murder. The United Nations offered its support in 2009 to make sure that similar mistakes made by other Crimes tribunals were not made in Bangladesh. Article 47 recognises international humanitarian law and provides that the Constitution will not limit the application of international treaties and the law of war.[7]. Amnesty.org. - Human Trafficking. 4, No. International Prosecutors. [14] The government sometimes held innocent citizens in detention for no other purpose than to coerce statements about other suspects. 16-17, U.N. Doc. 45 of 1860. [33] Bangladesh Code of Criminal Procedure, art. Bangladesh weighs death penalty for rapists as protests flare By Ruma Paul 10/10/2020. 302, No. The legislature cannot make relevant circumstances irrelevant, deprive the court of its legitimate jurisdiction to exercise its discretion not to impose death sentence in appropriate cases. [16] Amnesty Intl., Death Sentences and Executions in 2008, p. 15, ACT 50/003/2009, Mar. Offenses not involving death committed by military personnel in the Army, Navy and Air Force such as desertion, cowardice, inducement to such, espionage, aid to the enemy, treacherous or cowardly use of a flag of truce, false alarm in time of war, desertion in war, or any act calculated to imperil Bangladesh may be punished by death. 11, 2010. 11, 2010. 34, 42, 47, http://www.undp.org.bd/info/hsr/, Sep. 2002; U.S. Dept. [5] Bangladesh Penal Code, art. 33, U.N. Doc. 16-17, U.N. Doc. Human Rights Council, Report of the Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Carina Knaul de Albuquerque e Silva, Addendum, Communications to and from Governments, p. 18, U.N. Doc. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. INDIA: Government must end violation of bodily integrity and health of women . [16] U.S. Dept. 24, No. However, it should be noted that the High Court acquitted some defendants in that case despite the tension and violence surrounding the case. [17] The Second Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty: 1991 has also not yet been ratified. Article 32 provides: “No person shall be deprived of life. The learned court also sentenced two others to death sentence two others to imprisonment for life and other accused 7 years rigorous imprisonment and to a fine take 5000/- and for default to out of 1 years rigorous as punishment. The court will enunciate the relevant facts to be considered and weight to be given to them having regard to the situation of the case. 45 of 1860. [4] Reports also indicate that an anti-terrorism ordinance issued in 2008 may somewhat expand the death penalty for terrorism. 5 of 1898; Bangladesh Penal Code, art. 18 of 1995, translation: Heidelberg Bangladesh Law Translation Project. Then leave to … [7] BBC News, Bangladesh hangs killers of independence leader Mujib, http://news.bbc.co.uk/2/hi/8483988.stm, Jan. 27, 2010. 20 of 1990, translation: Heidelberg Bangladesh Law Translation Project. After a High Court ruling in the appeal of Sukur Ali, joined or filed by the Bangladesh Legal Aid and Services Trust in February 2010 (challenging the mandatory death penalty for rape) the mandatory death penalty in Bangladesh is probably unconstitutional. [5] Status, Declarations, and Reservations, Optional Prot. 116 of 2010 with Criminal Petition for Leave to Appeal No. 25, 47, 4 November 1972. visit www2.ohchr.org/english/law/cat-reserve.htm. 3 Min Read. CRC/C/BGD/4, Oct. 23, 2008. 120, 121, 132, 368, No. to the ICCPR, 999 U.N.T.S. by Reuters Saturday, 10 October 2020 07:15 GMT. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. [14] The judge held, "A provision of law which deprives the court to use of its beneficent discretion in a matter of life and death, without regard to the circumstances in which the offence was committed and, therefore without regard to the gravity of the offence cannot but be regarded as harsh, unfair and oppressive. 18, 2010. [30] In 2009, the U.N. CRC reiterated this concern and recommended that Bangladesh clarify its definition of the child to include all persons under the age of 18. [31] U.N. documents indicate that Bangladesh’s position is that it does not execute individuals for crimes committed while under the age of 18, that death sentences for such individuals are rarely—if at all—meted out by courts and that Bangladesh is considering amending the 1974 Children Act to assure a clear legal exclusion. In practice, however, this will not apply to persons under the age of 18 years. Bangladesh mulls giving rapists the death penalty, amid rising sex crimes . One limitation to this website is that it is limited to for-fee subscribers. Since November 2015 alone, at least 50 death sentences have been imposed by trial courts in the country.1 Although the crimes for which these individuals have been convicted are very serious and justice must … [3] Amnesty Intl., Urgent Action: Five Men Executed in Bangladesh, ASA 13/004/2010, Feb. 1, 2010. 11, 2020. 10, 2019. 12, 2018. The court found that articles 29, 31 and 32 of the Constitution were violated by the mandatory application of capital punishment, reasoning that the prohibition on being deprived of life “except in accordance with the law” introduced a concept “akin to due process.” The court stated: Bedding may consist of blankets spread on the floor, and prisoners’ meals may be served outdoors, rain or shine. [3] Bangladesh Penal Code, arts. [16] U.S. Dept. [3] These include waging war against Bangladesh, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping. [28] U.N.G.A., 62nd Session, Note Verbale dated 11 January 2008, U.N. Doc. [5] Presumably, no-one was executed by shooting during the resolution of this case—between 1998 and 2009. By Ruma Paul. 20 of 1990, translation: Heidelberg Bangladesh Law Translation Project. 95-96, U.N. Doc. Additionally, Article 149 saves the 1860 Penal Code except as modified by law made under the Constitution. ), Treason.Waging war against Bangladesh, or attempting or abetting such an act, is punishable by death. [12] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. Its existence can be traced to the beginning of the American colonies. [21] The court compelled they were compelled to make this decision regardless of his age. [16] However, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) have not yet been ratified. A/HRC/14/26/Add.1, Jun. [5], Terrorism-Related Offenses Resulting in Death. Other Offenses Resulting in Death.Robbery resulting in death is a death eligible offense for each of the offenders involved in the robbery. [8] U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, pp. [10] U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, pp. Article 25 of the Constitution recognises the United Nations Charter. Death penalty for 16 who set student on fire This year alone, more than 1,000 rapes were reported in Bangladesh, according to a human rights group in the country. [7] Status, Declarations, and Reservations, Second Optional Prot. 374 of 2011, Supreme Court of Bangladesh, 5 May 2015. [12] Bangladesh Intoxicant Control Act, arts. 12, 2010, we found only reports of executions for murder in 2008-2010. At the time, the summer of 1999, Ali lived with his mother and elder sister in the slums of western Bangladesh’s Manikganj District. [16], The higher courts in Bangladesh are the High Court Division and the Appellate Court Division of the Supreme Court. [27] Bangladesh is a State party to the ICCPR, therefore they have an obligation to meet the key provisions. Bangladesh’s cabinet has approved the death penalty for rapists amid nationwide protests in the wake of a series of gang rapes and sexual assaults. Bangkok Post, Bangladesh executes top Islamist leader for war crimes, http://www.bangkokpost.com/news/world/384485/bangladesh-court-clears-the-way-for-execution-of-top-islamist, Dec. 12, 2013. Number of Individuals Currently Under Sentence of Death At least 1,500. Bangladesh considers death penalty for rapists as protests surge. BANGLADESH is to introduce the death penalty for rape amid outrage at a video reportedly showing a group of eight men gang-raping a woman. While it is unclear that the conviction was for aggravated murder, the offense can be characterized as aggravated murder. 94(16), 94(19), U.N. Doc. Kamal Talukder, Golam Mujtaba Dhruba and Liton Haider, Bangladesh hangs Jamaat-e-Islami chief Nizami for 1971 war crimes to protect, BDNews24, http://bdnews24.com/bangladesh/2016/05/11/bangladesh-hangs-jamaat-e-islami-chief-nizami-for-1971-war-crimes-to-protect-pakistan, May 10, 2016. 381-382, No. [25] We had not located the ruling as of March 12, 2010. DHAKA • Bangladesh's Cabinet on Monday approved the death penalty for rapists amid nationwide protests in the wake of a series of gang rapes and sexual assaults.. Read more at straitstimes.com. 21, 40, http://www.odhikar.org/documents/2009/English_report/HRR_2009.pdf, Jan. 1, 2010; U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, pp. 28, 2011 (the user must navigate to determine executions for each month). 32, 149, Nov. 4, 1972. In November 2009, reports indicated that the Bangladesh courts recently resolved a long-standing question of whether execution by firing squad was a permissible form of execution under the Bangladesh constitution, ruling that execution by firing squad is constitutional. [4] Mark Warren, Foreigners Under Sentence of Death Worldwide, http://users.xplornet.com/~mwarren/world.html, May 7, 2010. We found no extensively useful current reports. ["Bangladesh". 30, 2010. 27, 2012. [10] Especially the provisions regarding fair trials and the rights of accused persons. 31, 2015. BANGLADESH is to introduce the death penalty for rape amid outrage at a video reportedly showing a group of eight men gang-raping a woman. 39 of 1952; Bangladesh Navy Ordinance, art. Therefore we have no hesitation in holding the view that these provisions are against the fundamental tenets of our Constitution, and therefore, ultra vires the Constitution and accordingly they are declared void. [2] U.N., World Macro Regions and Components, U.N. Doc. The U.N.D.P. The Women and Children Repressive Prevention Act 2000 provides that the punishment required for a person who causes death for dowry is a mandatory death sentence. Bangladesh has seen a surge of sexual crimes in recent years, with nearly 1,000 incidents reported between January and September, more than a fifth of them gang rapes, according to human rights group Ain-o-Salish Kendra. There is no jury trial under the civilian court system; under the military system, a panel of officers sits in judgment. Currently, the lack of legal representation renders the judicial system “virtually inaccessible to the vast majority of the poor and the disadvantaged,” although defendants are granted access to attorneys when they can obtain them. DHAKA, Oct 15 — A Bangladesh court sentenced five men to death today for the 2012 gang-rape of a 15-year-old girl, amid growing public anger over rampant sexual violence. Pregnant Women. [1]. The Code of Criminal Procedure indicates that executions need not be approved by the executive. Bangladesh weighs death penalty for rapists as protests flare. BANGLADESH: Mandatory death penalty declared void after 14‐year legal battle Summary Sentenced to death for a crime allegedly committed when he was just 14, a Bangladeshi boy’s case became the centre of a lengthy legal battle which ultimately led to mandatory [5] Finally, a court ruling on November 19, 2009 (which we had not found as of March 12, 2010) indicates that public execution by firing squad could be a legal form of execution. [18]. [9] BBC News, Bangladesh Islamist politician Kamaruzzaman hanged, http://www.bbc.com/news/world-asia-32263541, Apr. [26], Murder.As of Mar. An accessible version of the Death Penalty Worldwide Database will be available from February. 11, 2010. A/73/PV.55, Dec. 17, 2018. 9, 19(1)(b), No. [8] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 25, 47, Nov. 4, 1972. However, regular reports are issued by Odhikar (http://www.odhikar.org/), the U.S. Department of State (http://www.state.gov/g/drl/rls/hrrpt/), and various U.N. committees and personnel (http://www.ohchr.org/EN/countries/AsiaRegion/Pages/BDIndex.aspx). Writ Petition No. [28]. [8] Amnesty Intl., Urgent Action: Five Men Executed in Bangladesh, ASA 13/004/2010, Feb. 1, 2010. 105, 96A, No. 45 of 1860. [10] Bangladesh’s position is that Bangladesh aspires to fully implement the statutory right to a public defender but that Bangladesh currently lacks the financial wherewithal to assure that right. 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