Problems of Justice System in Bangladesh

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Problems of Justice System in Bangladesh
By Nazmul Haque Shah Chowdhury Executive
Director, BIHR On Behalf of Akram H.
Chowdhury Founding General Secretary, BRCT and
Secretary General, BIHR
Bangladesh Institute of Human Rights,
BIHR Bangladesh Rehabilitation Center for Trauma
Victims, BRCT 27 Bijoynagar, Dhaka 1000.
www.brct.org Phone [phone].
E-mail brct_at_citechco.net
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Contradictions in the Legal System of Bangladesh

• Constitution Autochthonous, not a legacy of
  British or Pakistani colonial rule, and bears no
  direct link with the Indian Independence Act of
  1947
• However, all laws- civil and criminal- are
  directly sourced from colonial period, and have
  never been changed to conform to the new
  constitution of the Republic
• The Constitutional uprightness compromised the
  constitution, although created in 1972, has so
  far remained unimplemented in crucial areas
• Fundamental Principles Article 22- Separation of
  Judiciary from the Executive
• Fundamental rights Article 26- extermination of
  laws inconsistent with fundamental rights
• Ombudsmen Article 77

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Administration of Justice

• Criminal justice system operates under CrPc
  (1898)
• Lower court is not separated from the executive,
  contradicting constitutional provision (Article
  26)
• Binding effect of the Supreme Court (guaranteed
  by Article 111 of the constitution) disrespected
  by lower courts
• Lower court operate directly under the executive
  branch, personnel drawn from executive branch
• Lower court magistrates are politically
  influenced
• Notoriously attributed as corrupt

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Police Act, 1861

• Colonial origin
• Punitive
• Authoritarian
• Source of corruption

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Police Act Theory versus reality Everyday
practices of police

• Police should take First Information Report (FIR)
  and General Diary (GD) within 24 hrs
• Neutral Investigation
• During police search at least two locally
  respected civilian should accompany the police
• Reality
• bribe,
• political influence,
• manipulation of facts,
• false cases,
• manipulation of witness

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Sections of the CrPc mostly abused

• Section 54
• Current high-court decision prohibits use of
  the Sec.54 however, ironically this ruling has
  put people more into trouble
• Section 161
• Medical test prior to and after completion of
  police remand
• Section 167
• Abuse of remand influencing the accused
  to provide false statement
• Maximum 15 days allowed for remand, which is
  violated
• Remand has become a cover up for torture
• Section 164
• Section 197
• legal obstacle to fight against governments
  abuse of power

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Case Study Abu Musa, Journalist tortured and
harassed with false case

• Musa as a journalist reported against police
  corruption and irregularity
• He was then arrested without warrant
• Police tortured him severely, his right arm
  fractured
• Putting him in a false case under Sections 420,
  406
• Court discharged Musa
• Musa filed a case against police (torture)
• Magistrate ordered investigation of the case
  (investigations are normally done by senior
  police officers)
• The investigation officer (Assistant Police
  Super) reported that Musas allegation was not
  justifiable
• In an act of revenge, Police included him in a
  charge sheet (of an old case) accusing Musa that
  he had snatched arms from policemen
• BIHR took an anticipatory bail from High Court
  ruling and show-cause asking why the case not be
  quashed

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THANK YOU!