In response, Bangladesh acknowledged problems with the independence of its judiciary and outlined some preliminary legal measures instituted to increase the independence of judges. 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. Bangladesh Penal Code, art. [13] to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. Information current as of: April 22, 2020, People’s Republic of Bangladesh (Bangladesh). 26, 2009. A 2013 survey conducted by the United Nations found that, among men in Bangladesh who admitted to committing rape, 88 per cent of rural respondents and 95 per cent of urban respondents said they faced no legal consequences. 3, 2010. 11, 2010; Bangladesh Army Act, arts. 30, 2010. 374 of 2011, Supreme Court of Bangladesh, 5 May 2015. [9] The Daily Star, Death penalty declared illegal, http://www.thedailystar.net/newDesign/news-details.php?nid=128499, Mar. Hundreds of thousands rally in Bangladesh to demand the death penalty for a political leader convicted of war crimes from the 1971 independence war. [25] The Daily Star, Death penalty declared illegal, http://www.thedailystar.net/newDesign/news-details.php?nid=128499, Mar. State vs Sukur Ali [9 (2004) BLC (HCD) 238]. Presumably, the opinion discusses whether such a method of execution is humane, although journalists reporting on the opinion concentrated on the fact that the government could choose to carry out the executions by hanging if using a firing squad proved too difficult, and the executions were in fact carried out by hanging. 26, 2009. [18]. 8283 of 2005. 45 of 1860. 45 of 1860. by Reuters Saturday, 10 October 2020 07:15 GMT. [7], Kidnapping Not Resulting in Death.Kidnapping of a child under the age of 10 for the purpose of murder, grievous injury, slavery, or sexual exploitation, or abetting (by concealment or confinement) such a kidnapping may be punishable by death. 20 of 1990, translation: Heidelberg Bangladesh Law Translation Project. Though the sentences of death penalty pass frequently from the courts but the executions of those sentences are not frequent as well. Then leave to … From which time we exercise it didn’t know. A/63/PV.70, Dec. 18, 2008. 9, 19(1)(b), No. While it is unclear that the conviction was for aggravated murder, the offense can be characterized as aggravated murder. DHAKA, Oct 12 (Reuters) - 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. Bangladesh's cabinet on Monday approved a draft law prescribing the death penalty for drug offences, despite widespread criticism over a drugs crackdown in which police have shot dead more than 200 people since May. [4] Bangladesh Code of Criminal Procedure, art. [20] Bangladesh Penal Code, art. Ruma Paul. 54-71 U.N. Doc. 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. [1] U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, p. 80, http://www.undp.org.bd/info/hsr/, Sep. 2002; Odhikar, Human Rights Report 2009: Odhikar Report on Bangladesh, p. 40, http://www.odhikar.org/documents/2009/English_report/HRR_2009.pdf, Jan. 1, 2010. 28, 2011. Every year very few convicts are executed in Bangladesh. See e.g. 2, No. 32, 35, Nov. 4, 1972. [31] U.N. Convention on the Rights of the Child, Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, Concluding Observations of the Committee on the Rights of the Child: Bangladesh, paras. [1], Reports indicate that prison conditions in general are “abysmal,” with overcrowding at nearly three times the prison system’s capacity, cramped cells (in which death-sentenced prisoners are held) with poor ventilation, deficient sanitation and bathroom facilities and inadequate nutrition, water and medical care. [9] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 34, 47, 48 http://www.undp.org.bd/info/hsr/, Sep. 2002; U.S. Dept. [2] U.S. Dept. 20 of 1990, translation: Heidelberg Bangladesh Law Translation Project. 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. [4] Reports also indicate that an anti-terrorism ordinance issued in 2008 may somewhat expand the death penalty for terrorism. 20 of 1990, translation: Heidelberg Bangladesh Law Translation Project. Overcrowding is so severe that some prisoners have to sleep in shifts, and disease is a serious problem. BANGLADESH: THE DEATH PENALTY DOES NOT EQUATE TO JUSTICE Amnesty International condemns the relentless use of the death penalty as the highest form of punishment in Bangladesh. 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. BANGLADESH: Free expression and free assembly cost high price. Bangladesh weighs death penalty for rapists as protests flare. The Bangladesh government has approved new measures to use the death penalty as punishment for rape, after widespread protests in response … The petitioner is Earshed Ali Sikder. A/63/430/Add.2, Dec. 4, 2008. 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. [3] The Daily Star, Death penalty declared illegal, http://www.thedailystar.net/newDesign/news-details.php?nid=128499, Mar. Death sentences are submitted by the Court of Session to the High Court Division for confirmation. As of March 12, 2010 we did not find reports of individuals sentenced to death for crimes committed as juveniles. 45 of 1860. Additionally, Article 149 saves the 1860 Penal Code except as modified by law made under the Constitution. Oct 12, 2020. [16] Since 2018, any person found in possession of more than 200 grams of yaba is liable to capital punishment. Can death penalty prevent rape in Bangladesh? [8] Bangladesh’s position (expressed in its reservations to the ICCPR) on public defenders is that Bangladesh aspires to fully implement the right to a public defender but that Bangladesh currently lacks the financial wherewithal to assure that right. [25] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. [12] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. [18], Military Offenses Not Resulting in Death.Civilians may be executed for abetting mutiny. CRC/C/BGD/4, Oct. 23, 2008. "[26] However, there has been a shift since the commencement of the trials because there is concern the International Crimes Tribunal are not carrying out their obligations under Bangladesh's international human rights obligations, International Criminal law, and the Bangladesh Constitution. 27, 2012. [citation needed], Bangladesh was created as a consequence of human rights abuses. Bangladesh has hanged 23 people since 2013, while at least another 1,718 are on death row. Reuters Wed, 14 Oct 2020 Wed, 14 Oct 2020. A/69/993, Jul. 2(f), 51, No. 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]. A/69/488/Add.2, Dec. 8, 2014. 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, pp. 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. [12] The main executive barrier to execution of a death sentence is the prerogative of mercy, granted by the Constitution and defined under the Code of Criminal Procedure and Penal Code. The final observations of the U.N. Human Rights Council in its 2009 Universal Periodic Review of human rights in Bangladesh indicate that Bangladesh has instituted a new birth registry system and urge Bangladesh to implement that system to assure children’s rights. Ultimately, the executions were carried out by hanging despite the court’s ruling that shooting was permissible. 9, 19(3)(b), No. Discover the world's research. A number of offences (crimes not result in death) are punishable by death when committed by armed forces personnel. 4, 5, No. [20] Ali was sentenced by the High Court Division to death by hanging under section 6 of an earlier version of the Women and Children Repressive Prevention Act, 1995. 18 of 1995, translation: Heidelberg Bangladesh Law Translation Project. please contact, http://www.state.gov/r/pa/ei/bgn/3452.htm. 116 of 2010 with Criminal Petition for Leave to Appeal No. A/69/PV.73, Dec. 18, 2014. 5 of 1898; Bangladesh Penal Code, art. [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. [25] We had not located the ruling as of March 12, 2010. A/71/484/Add.2, Dec. 6, 2016. Since 2000, 10 people have been executed in Bangladesh, the most recent one being of Abdul Majed on 12 April 2020, for the 1975 assassination of Sheikh Mujibur Rahman, who was the founding father of Bangladesh. [7] BBC News, Bangladesh hangs killers of independence leader Mujib, http://news.bbc.co.uk/2/hi/8483988.stm, Jan. 27, 2010. 5 of 1898. [8] Bangladesh Oppression of Women and Children (Special Provisions) Act, art. (This question was last updated on May 30, 2019.). [12] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. [13] Dhaka Tribune, Revised narcotics control law gets tough with drug traders, https://www.dhakatribune.com/bangladesh/2018/12/21/revised-narcotics-control-law-gets-tough-with-drug-traders, Dec. 21, 2018. 45 of 1860. 3 Min Read. 24, http://www.thehindu.com/fline/fl1524/15240070.htm, Nov. 21- Dec. 4, 1998; Arshad Mahmud, Bullet For A Bullet, Outlook India, http://www.outlookindia.com/article.aspx?206558, Nov. 23, 1998; Jay Shankar, Bangladesh: Death penalty on army coup leaders, Bloomberg, http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aGUsvXhRBGh4, Nov. 19, 2009; Mujib killers’ execution only after review petitions, IANS, http://blog.taragana.com/law/2009/11/23/mujib-killers-execution-only-after-review-petitions-17617/, Nov. 23, 2009. [23] The court held that regardless of the offence, legislation may not provide that mandatory death sentences are the only available punishment. [20] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, includng alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. 401-402A, No. [4] The Daily Star, Cabinet okays bill with death penalty clause, http://www.thedailystar.net/story.php?nid=128319, Mar. [3]. MYANMAR/BANGLADESH: Rights, dignity, and future of genocide survivors at stake. save in accordance with law.” This could imply the constitutionality of the death penalty. [21] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18 of 1995, translation: Heidelberg Bangladesh Law Translation Project. [6], The Constitution of Bangladesh does not anywhere expressly recognise International Human Rights law, although some articles recognise international human rights. 11, 2010. A/73/1004, Sep. 16, 2019. [8] U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, pp. The Bangladesh government has approved new measures to use the death penalty as punishment for rape, after widespread protests in response … 39 of 1952; Bangladesh Navy Ordinance, art. [27] BBC News, Bangladesh hangs killers of independence leader Mujib, http://news.bbc.co.uk/2/hi/8483988.stm, Jan. 27, 2010; Richard Clark, Executions in January 2010, http://www.capitalpunishmentuk.org/jan10.html, accessed Mar. [6] U.N.G.A. The petitioner is Earshed Ali Sikder. Penal Code 1860, s.121, s.132, s.302, s.305. [1] The Constitution of the People’s Republic of Bangladesh, arts. [3] U.N. Convention on the Rights of the Child, Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties Under Article 44 of the Convention, Concluding Observations of the Committee on the Rights of the Child: Bangladesh, paras. [14] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. Spread the love . The government in Bangladesh has agreed to increase the maximum punishment in rape cases from life imprisonment to death, amid mass protests sparked by a recent series of sexual assaults. 364(A), 368, No. Shooting.If shooting is used as a method of execution, its use is uncommon. Aggravated Murder.In 2010, individuals were executed for the 1975 pre-dawn mass murder of Bangladesh’s independence leader, much of his immediate family, other relatives, political associates and bodyguards. Psychological care and work or training activities may be non-existent or insufficient. [23], No. Search the Death Penalty Worldwide database by country, retentionist / abolitionist de facto status, methods of execution, annual number of executions, date of last execution, death row numbers, crimes punishable by death, offenders excluded from capital punishment, prison conditions, access to legal representation, and international human rights committments. 49, Nov. 4, 1972; Bangladesh Code of Criminal Procedure, arts. 18 of 1995, translation: Heidelberg Bangladesh Law Translation Project. 21 of 1987. of State, 2009 Human Rights Report: Bangladesh, Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment & Denial of Fair Public Trial, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136085.htm, Mar. 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. 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. [18] Asharq Al-Awsat, Bangladesh Executes Convict Involved in Saudi Diplomat Assassination 7 Years Ago, https://aawsat.com/english/home/article/1619631/bangladesh-executes-convict-involved-saudi-diplomat-assassination-7-years-ago, Mar. A/65/779, Mar. 3, 2010. [2] Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. [15], No. 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. 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. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. Human Rights Council, Report of the Working Group on Universal Periodic Review: Bangladesh, para. 11, 2010. At least 1,500 people were known to be under sentence of death at the end of 2018. Bangladesh considers death penalty for rapists as protests surge. 18-19, U.N. Doc. 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. 54-71 U.N. Doc. 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. [7], While as of March 12, 2010, we had not found any published opinions, there are at least two important and recent cases concerning the death penalty. 34, 42, 47, http://www.undp.org.bd/info/hsr/, Sep. 2002; U.S. Dept. [5] Status, Declarations, and Reservations, Optional Prot. Human Rights Council, Report of the Working Group on the Universal Periodic Review: Bangladesh, Addendum’ UN Doc A/HCR/11/18/Add.1, 9 June 2009, 4, Recommendation 19. [12] U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, pp. Determination of appropriate measures of punishment is judicial and not executive functions [sic]. On 12 July 2001, Shukar Ali, a 14-year-old boy who was convicted of sexually assaulting a 7-year-old girl which resulted in her death. 25, 47, Nov. 4, 1972. [18]. Ruma Paul. [27] Bangladesh is a State party to the ICCPR, therefore they have an obligation to meet the key provisions. DHAKA (REUTERS) - Bangladesh's Cabinet on Monday (Oct 12) approved the death penalty for rapists amid nationwide protests in the wake of a series of … ABC News, Bangladesh executes 5th Islamist Party leader for 1971 war http://abcnews.go.com/International/wireStory/bangladesh-official-islamist-party-leader-executed-41846537, Sept. 3, 2016. 45 of 1860. Crimes currently punishable in Bangladesh are listed in the Penal Code of 1860. CRC/C/15/Add.221, Oct. 27, 2003; U.N. Convention on the Rights of the Child, Committee on the Rights of the Child, Consideration of Reports Submitted by State Parties Under Article 44 of the Convention, Third and fourth periodic reports of States parties due in 2007, Bangladesh, para. [27] Executions in 2010 that we were able to identify were for murder. [2] U.S. Dept. ["Bangladesh". [26] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, pp. [8] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. [3] Maiming of women and children by explosive, poisonous or corrosive substances is, when resulting in death, a capital offense. At least 1,500. INDIA: Government must end violation of bodily integrity and health of women . [4] The Code of Criminal Procedure 1898 provides that "he be hanged by the neck until he is dead. The Independent, Laxmipur Double Murder: Condemned Convict Hanged at Kashimpur Jail, http://www.theindependentbd.com/post/255430, Nov. 2, 2020. 53A(1), No. A/73/PV.55, Dec. 17, 2018. 15 March 2014. [23] Bangladesh Penal Code, arts. DHAKA (REUTERS) - Bangladesh's Cabinet on Monday (Oct 12) approved the death penalty for rapists amid nationwide protests in the wake of … 45 of 1860; Bangladesh Army Act, art. Nusrat was doused with kerosene and set on fire on a rooftop A Bangladesh court has sentenced 16 people to death for the murder of a student set … The U.N.D.P. [4] U.N.G.A. 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, pp. [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. [11]. A lengthy report of occasional relevance and waning currency is: U.N.D.P., Human Security in Bangladesh: In Search of Justice and Dignity, http://www.undp.org.bd/info/hsr/, Sep. 2002. A/73/589/Add.2, Dec. 4, 2018. 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. - Abetting or Conspiring to Commit Capital Offenses. Retrieved 2015-11-22. More than three million people were left dead, millions of women were raped, tens of millions of people were forced into extremely dirty and unpleasant refugee camps in India. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. The Daily Star, JMB leader Asadul hanged for killing 2 Jhalakathi judges, http://www.thedailystar.net/country/jhalakathi-judges-killing-asadul-be-executed-tonight-1299574, Oct. 16, 2016. The Committee on the Rights of the Child has repeatedly expressed concern that Bangladesh law does not clearly preclude the death penalty for offenses defendants commit while under the age of 18, although Bangladesh asserts that in practice such individuals are not executed. 11, 2010. Witness tampering, destruction of evidence and victim intimidation are serious problems. [6] Ashutosh Sarkar & Chaitanya Chandra Halder, What courts observed, The Daily Star, http://www.thedailystar.net/newDesign/news-details.php?nid=123951, Jan. 29, 2010. [5] Asharq Al-Awsat, Bangladesh Executes Convict Involved in Saudi Diplomat Assassination 7 Years Ago, https://aawsat.com/english/home/article/1619631/bangladesh-executes-convict-involved-saudi-diplomat-assassination-7-years-ago, Mar. 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.. 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. [3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. Bangladesh weighs death penalty for rapists as protests flare . 120, 121, 132, 368, No. 82-86, http://www.undp.org.bd/info/hsr/, Sep. 2002. [20] He was not in a financial position to afford legal assistance , so he was appointed a defence lawyer by the State. A fifth were gang rapes. [5] Human Rights Watch, Bangladesh: Repeal New Terror Law, http://www.unhcr.org/refworld/docid/486b3ae6a.html, Jun. The military system, a panel of officers sits in judgment prisoners ’ meals may be included with... Until he is dead or 17 year olds could be sentenced to death for crimes as! Triolo ( 31 may 2012 ) Trial under the Universal Periodic Review reviewed Bangladesh in 2009,! 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