For Your information
No one shall be subjected to torture
THE ban on torture, cruel, inhuman or degrading treatment is enshrined in Article 5 of the Universal Declaration of Human Rights. The ban is enshrined in Article 7 of the International Covenant on Civil and Political Rights:
"No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation."
The entire Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is dedicated to protecting this human right.
"Torture" means an act committed by a person acting under the colour of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control. The following are the national legislation with regards to offences of torture.
THE PENAL CODE, 1860
Chapter XVI -Of offences affecting the human body
Voluntarily causing hurt to extort confession, or to compel restoration of property
330. Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Examples
(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.
(a) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.
(b) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section.
(c) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.
THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH
Part III - Fundamental rights
Protection in respect of trial and punishment
35. (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.
The national provisions on torture seem quite inadequate and outdated. It's high time that new legislations are enacted and incorporated into our domestic law as freedom from torture, cruel, inhuman or degrading treatment or punishment behaviour is a fundamental human right. As Kofi Annan said, "we must not forget that it always starts with mistreatment of one person, torture of one person, lack of respect of the rights of one individual". These individual violations open the door to the escalation of abuses, which may lead to the unthinkable such as genocides and other large scale human rights violations.
Compiled by Law Desk.
