In spite of attaining liberation nearly 5 decades ago, sometimes it feels as though the chains of

oppression is yet to be unshackled in Bangladesh. Sharing similarities with the colonial era, the
actions of law enforcement officials, whose primary responsibility is to safeguard the rights of
citizens, have undertaken the role of those who have historically terrorized our people. In order to
fully comprehend the plight of the atrocity that is custodial death, we must first understand what it
truly constitutes.

Custodial death occurs when a person or persons who die while in custody of the Police, any other
law enforcement agencies, or while imprisoned. Although when an alleged, suspected, or convicted
individual is in custody of any law enforcement agency, the responsibility of ascertaining the
mortality of the aforementioned individual is their absolute responsibility. Nevertheless, based on
media reports as well as reports published by human rights agencies, little heed is paid to
guaranteeing the safety of individuals by law enforcement agencies.

In order to garner a better understanding of the rate of custodial deaths in Bangladesh, we must first
assess the data made available by Ain o Shalish Kendra, a non-government legal aid and human
rights organization based in Dhaka, on the subject matter. As per their reports, from 2014-
2018, a staggering 285 people have died while in custody of law enforcement offi cials.
Among them, 119 of them were convicted of committi ng a crime(s). In addition, further 166
under-trial detainees have reportedly perished while in Police custody.

Although the rate at which custodial deaths are occurring are skyrocketing, it is imperative
to mention the Torture and Custodial Death (Prevention) Act, 2013. It was a result of
decades of lobbying efforts by human rights organizations operating in Bangladesh. Although
this Act enables punitive measures against law enforcement offi cials whose actions result in
the death of anyone in their custody, the realistic application of the Act has been nothing
short of abysmal.

The number of custodial deaths and incidents of reported torture have increased despite
having Torture and Custodial Death (Prevention) Act 2013 and High Court guidelines to
contain torture and custodial death. A recent review of deaths in custody revealed a
significant increase in the number of people dying in police custody over the last few
months in the country. According to rights body Ain o Salish Kendra, at least 14 people died
in custody last year (2019). 6 of which bore signs of torture on their body following their
death while in custody.

It is abundantly clear that the surge in custodial death in not only a result of negligence in
part of law enforcement agencies, but rather a display of impertinence towards any
legislation dedicated towards preventing any such incidents. Due to an absolute lack of
accountability despite decades of gross human rights violations being perpetrated by law
enforcement agents, despite heinous allegations of gruesome torture techniques while in
custody, there no are reported cases against any law enforcement offi cial under the Torture
and Custodial Death (Prevention) Act, 2013.

What aids this monstrosity by the law enforcement agencies is the abhorrent practice known
as “remand.” The concept of remand has managed to institutionalise the practice of
extraction of information, often via coercive measures. Despite successive interventions
through rulings laid by the High Court Division such as conducting remand in rooms with
glass walls for observers to determine whether any irregularities are occurring during
remand, the practice of conducting these sessions behind closed doors, in questionable
circumstances, continues unabated.

Following a writ petition on the arrest, torture and killing of university student Shamim Reza
Rubel while in police custody, the High Court, on April 7 of 2003, directed that prior to
sending an arrested person to remand, s/he should be examined by a doctor and the
medical report should be submitted to the magistrate concerned. Following the
interrogation – to be carried out by the investigation offi cer – the accused must be produced
before the magistrate. If the accused alleges that s/he was tortured, s/he must be sent to
the same doctor for investigation, and if found that the accused did, indeed, sustain injuries
during interrogation in custody, action would be taken against the investigation offi cer,
irrespective of whether the accused lodges a complaint. These directives, if followed, would
have gone a long way towards ensuring that basic human rights are not violated in custody;
unfortunately, however, except for a handful of high-profile cases, these directives continue
to be flouted, in direct violation of the court's orders.

Custodial deaths and torture are illegal and unconstitutional and violates numerous Articles
of the Constitution. Among them, Article 31: Right to Protection of the Law; Article 32:
Protection of Right to Life; Article 33: Safeguards in case of arrest or detention and Article
35 (5) Protection from torture or cruel, inhuman, or degrading punishment or treatment. In
1998, Bangladesh ratified the Convention against Torture and other Cruel, Inhuman,
Degrading Treatment or Punishment (CAT), which prohibits torture under any circumstances
– “whether a state of war or a threat of war, internal political instability or any other public
emergency” [Article 2(2)] – but successive governments have failed to implement an anti-
torture stance, resorting to these questionable tactics themselves from time to time to
further their political agenda.

Custodial death, along with custodial torture or harassment, is a gross human rights
violation. Despite being completely aware, no significant step has been taken by the
government in regards to the matter. As more and more lives continue to succumb to this
morbid outcome, one must wonder, when will the days of injustice and oppression in the
free land that we paid ever to heftily in blood to earn end? When will the agonizing screams
of the tortured be quelled? And most importantly, when will justice be delivered to those
who lost their loved ones? It remains to be seen, but one can take peace in the knowledge
that the day this injustice ends is inevitable.