Rights Watch
Treatment of detainees must be lawful and humane
Oli Md. Abdullah Chowdhury
It has almost become a common practice for law enforcing agencies to bring accused in front of media when they nab persons having potentials to attract public attention. They also tend to take confessional statements from the detainees while exposing their names and identities before the media. Both RAB and police have facilitated such confessions in the media on a number of occasions. This trend became so fashionable that those involved with alleged media trial appeared to be oblivious about the legitimacy of the action even.
It has been reported in The Daily Star (December 2, 2012) that New Market police arrested Javed Imam, a senior assistant judge of Bhola District Judge's Court, in front of the capital's Eden Women's College on Saturday evening for allegedly carrying 342 bottles of Phensedyl. Police produced him before the media the same day and filed a case against him with New Market Police Station. However, persons involved with this incident were accounted this time.
Firstly, Metropolitan Magistrate summoned five police officials to appear in person in order to explain the reason for producing a senior assistant judge before the media without taking permission from a magistrate. The same court earlier rejected a bail petition of Javed and ordered police to send him to jail. The order came as a surprise for many as the practice though illegal became quite common in recent times.
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“Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate”- said in Article 33(2) of the Constitution of Bangladesh. In lieu of producing before magistrate, tendency of producing before media is a gross violation of constitutional rights. The practice became popular when some persons were arrested in connection to sensational cases drawing plenty of media attention. However, practice gradually became wide spread as a section of law enforcing agency attempted to gain popular support through media.
Moreover, those media trial including the suspended Senior Assistant Judge were also clear violations of specific guidance regarding duties after making an arrest provided in the Code of Criminal Procedure (CRPC). “A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station”- said in Section 60 of the CRPC. While neglecting constitution and established laws of the land, popular justice has been practiced for quite a period of time by producing detainees in front of media and personnel involved with those incidents went unpunished.
Furthermore, right to enjoy protection of law in all situations has been codified in the constitution. “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”- said in Article 31 of the Constitution. Even the accused has right to enjoy protection of law and he/she must be treated in accordance with law. Repeated violations of rights of the detained persons have previously been ignored and a section of law enforcing agencies brought many accused including female in front of media neglecting human dignity.
In accordance with Articles 9 and 14 of the International Covenant on Civil and Political Rights (ICCPR), both the Rome Statute and the ICC's Rules of Procedure and Evidence include measures that protect the rights of the accused at all times. Bangladesh is a party to ICCPR and it has been stated in Article 14 (2) of the Covenant that, “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law”. The presumption of innocence (the principle that one is considered innocent until proven guilty) is a legal right of the accused and producing the accused in front of media limits this guaranteed right.
“All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”-said in Article 10(1) of the ICCPR. However, law enforcing agencies seldom treat accused persons with respect and dignity. Where persons were made appear in front of media, inherent dignity of the human beings was simply ignored.
To recapitulate, order made by courts has brought the issue of the treatment of detainees forward. The issue has been neglected over the years and detained persons faced unexpected situation due to their alleged appearance before media. If High Court provides a comprehensive guideline regarding treatment of a detained person, it would bring an end to unlawful treatment of detainees.
The writer is a human rights worker.
