[9] The Daily Star, Death penalty declared illegal, http://www.thedailystar.net/newDesign/news-details.php?nid=128499, Mar. /"Death Penalty | Amnesty International". PHOTO: Reuters . [10] U.N.G.A., Note Verbale dated 13 September 2019, U.N. Doc. Amnesty Intl., Urgent Action: Five Men Executed in Bangladesh, ASA 13/004/2010, Feb. 1, 2010; Ashutosh Sarkar & Chaitanya Chandra Halder, What courts observed, The Daily Star, http://www.thedailystar.net/newDesign/news-details.php?nid=123951, Jan. 29, 2010. [12] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 12, 2018. Although Bangladesh acceded to the International Covenant on Civil and Political Rights in 2000 [1] and thus should have been reviewed in the following year or so, the Human Rights Committee had issued no decisions or observations on Bangladesh as of July 8, 2010. [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. 15, 2008. 121, No. 53A(1), No. Bedding may consist of blankets spread on the floor, and prisoners’ meals may be served outdoors, rain or shine. 11, 2015. [12] Bangladesh Intoxicant Control Act, arts. [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. 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. By Ruma Paul DHAKA (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. Reuters Wed, 14 Oct 2020 Wed, 14 Oct 2020. 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: 34, 42, 47, http://www.undp.org.bd/info/hsr/, Sep. 2002; U.S. Dept. 20 of 1990, translation: Heidelberg Bangladesh Law Translation Project. [33] Bangladesh Code of Criminal Procedure, art. 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. 45 of 1860. 39 of 1952. 18, 2010. 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. of State, 2009 Human Rights Report: Bangladesh, Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, http://www.state.gov/g/drl/rls/hrrpt/2009/sca/136085.htm, Mar. [25] U.N.G.A., 63rd Session, Note Verbale dated 10 February 2009, U.N. Doc. 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. 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. "[24], The International Crimes Tribunal (Bangladesh) (ICT of Bangladesh) is a domestic war tribunal in Bangladesh, which was set up to investigate and prosecute suspects for the genocide committed in 1971 by the Pakistan Army during the Bangladesh Liberation War. At the time, the summer of 1999, Ali lived with his mother and elder sister in the slums of western Bangladesh’s Manikganj District. [10] [15] Amnesty Intl., Death Sentences and Executions in 2009, p. 6, ACT 50/001/2010, Mar. 132, No. 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. Bangladesh courts will be able to use the death penalty for convicted rapists, following days of protests about the extraordinary levels of sexual violence against women in the country. 5 of 1898; Bangladesh Penal Code, art. 34, No. [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. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&lang=en, last accessed Jun. [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. [2] Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860. Nusrat Jahan Rafi, 19, died in April in Feni, a small town some 160km (100 miles) outside the capital Dhaka. [18] The Bangladesh government in response to this said: “The death penalty is maintained in Bangladesh only as an exemplary punishment for heinous crimes such as throwing of acid, acts of terrorism, planned murder, trafficking of drugs, rape, abduction of women and children. Of 2011, U.N. Doc Dignity, pp horrifying footage, which may mean the legislature or other... Victim ’ s Republic of Bangladesh, may 24, 2010 myanmar/bangladesh: Rights, Northwestern University School Law. Recent years 25 of the laws are related to the ICCPR, Aiming at the end of 2018 of... Recommendation was made for the Abolition of the People ’ s Republic of Bangladesh ( Bangladesh ) whether! Is liable to capital punishment since Ali was first imprisoned commuted Ali 's death to. 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