Fair Trials & Accused Rights

01/10/2023

10 Basic Rights of Accused Persons in Criminal Proceedings"

I. Presumption of Innocence
Criminal proceedings should presume the accused person's innocence. The burden of proving guilt should lie with the prosecution. This principle is recognized in various international treaties and constitutions, ensuring that one innocent person's suffering is more detrimental than letting ten guilty individuals escape.

II. Freedom from Self-Incrimination
No person should be compelled to incriminate themselves. This includes not only prohibiting torture to obtain confessions but also preventing any undue pressure to elicit statements from individuals who choose to remain silent. Law enforcement should inform individuals of their right to remain silent, and this right may extend to close family members.

III. Right to a Hearing and Effective Remedy
Every accused person should have the opportunity to make their case heard during a criminal trial. Convictions in absentia, especially without legal representation, should be avoided. Accused individuals should also have the right to present new evidence, and this right should be evaluated by a judge. If a violation of rights occurs, the accused should have a mechanism to voice their complaint, and if valid, the violation should be addressed.

IV. Swiftness of Justice
Delays in legal proceedings can have severe emotional and practical consequences for the accused. Prolonged uncertainty can lead to job loss, damaged relationships, and more. The state must ensure a timely process, and delays should not result in punishment themselves. Extensive delays should not be exploited to pressure the accused into admitting guilt.

V. Access to Counsel and Other Assistance
Accused persons have the right to legal representation. Law enforcement should inform the accused of this right and should not obstruct it. If an accused person cannot afford a lawyer, legal aid should be provided. Additionally, individuals with disabilities or language barriers should receive assistance to ensure a fair defense.

VI. Equal Fighting Chances
Procedural rules should aim to balance the unequal power dynamic between the accused and the prosecution. Accused individuals must be informed of the charges against them, given access to evidence, and allowed to confront witnesses. Law enforcement should document investigative steps, and the accused should have access to this information.

VII. Transparency
Criminal trials should be open to public scrutiny to prevent the perversion of justice. Some level of transparency is necessary for a fair trial. While media access may need restrictions, they should not shield the judiciary from public scrutiny.

VIII. Proportionality of Means
Not all available methods to secure a conviction should be employed. Disproportionate use of state power, such as excessive surveillance or pretrial detention without cause, can be corrosive to society.

IX. Impartiality and Non-Discrimination
The judicial system should treat all accused individuals equally, regardless of their status or characteristics. Discrimination based on factors like age, caste, ethnicity, gender, religion, nationality, or sexual orientation should be avoided. Personal connections should not influence treatment, and officials should not take orders from politicians.

X. Dignity
Respect for the accused person's dignity is paramount. Torture, abuse, or cruelty during interrogation is impermissible. The accused should be treated with respect and protected from humiliation. Public shaming, coercive confessions, and using one accused person as an example should never be part of the judicial process. Any violation of human rights in the name of law enforcement or justice should be punishable.

Written by Dr. Markus Englerth

03/09/2022

Dawning of a new era in the judicial system of Bangladesh. Where electronic records, information and digital data will be considered as admissible in the courts.
The Evidence Act, 1872 (Amendment bill)

31/08/2022

Who will ensure justice?

Law enforcement agencies are the most corrupt sectors in Bangladesh. Transparency International Bangladesh (TIB), Commented.

According to the survey, law enforcement agencies are the most corrupt sector with 74.4% corruption, and judicial service with 56.8 %.

Indeed, it is a concern about access to justice and human rights because law agencies and the judiciary generally ensure human rights.

When the law agencies and judiciary are involved with corruption, human rights and access to justice shall be questioned. Who will ensure or works for justice?

26/08/2022

No prior permission to arrest govt officials on criminal charges: the High Court.

Prior permission is no longer required in Bangladesh to arrest a government official for a criminal offence, the High Court ruled on Thursday.

A bench of justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo passed the order, after striking down a provision of the Public Service Act, 2018, describing it as 'unconstitutional,' reports UNB.

"Constitution is the country's main law and as per the Constitution, everyone is equal in the eyes of the law," the court observed.

"A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of Articles 26, 27 and 31 of the Constitution," the bench said.

On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.

According to Section 41(1) of the Act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.

On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.

Advocates Sarwar Ahad Chowdhury, Ekhlas Uddin Bhuiyan and Mahbubul Islam filed the writ petition on behalf of the Human Rights and Peace for Bangladesh, an NGO.

On October 21, 2019, the High Court issued a rule asking the government to explain as to why Section 41 (1) of the Public Service Act should not be declared 'illegal and contradictory to articles 26(1) and (2), 27 and 31 of the Constitution'.

On Wednesday, the HC fixed Thursday to pronounce the order on the rule.

Advocate Manzill Morshed appeared for the petitioner, while deputy attorney general Arbinda Kumar Roy represented the state.

Advocate Khurshid Alam Khan appeared for the Anti-Corruption Commission.

25/08/2022

Language of charge

The Code of Criminal Procedure, 1898, section 221(6) explicitly says that "the charge shall be written either in English or in the language of the Court."

This section is a concrete violation of the constitution of Bangladesh, Whereas, according to article 3 of the Constitution of Bangladesh, the state Language is Bengali.

Here, this act refers to English as our mother language, not Bengali, which is contradictory to the Constitution of Bangladesh. Section 221(6) acknowledged that the charge language shall be either English or the language of the Court.

This law applies to the people of Bangladesh though the law itself makes a barrier to the language of Bengali-speaking people,

Therefore, the question arises that why this section did not say that the charge shall be in Bengali.

Lawyers Alliance Supreme Court of Bangladesh Dhaka, Bangladesh
Bangladesh Law Alliance - BLA BLAJA-(ব্লাজা)-Bangladesh Law and Jurists Association Prothom Alo The Daily Star Daily Bangladesh

02/07/2022

Haji Yunus Ali College authorities today (July 2, 2022) suspended a female student over her alleged involvement with the prime accused...

Haji Yunus Ali College authorities today (July 2, 2022) suspended a female student over her alleged involvement with the prime accused, Ashraful Ahsan Jitu, in the Ashulia teacher murder case.

02/07/2022

Supreme Court on 1 July slammed for her derogatory remarks against , saying that she should apologise to the whole nation.