by Rita Bhowmick (Dhaka Bureau)
Prominent legal experts, academics, and human rights activists have made a strong demand for the effective enforcement of laws and the accountability of state forces to end arbitrary arrests and detentions in Bangladesh. They made this call during a discussion titled ‘Arrest and Detention in Bangladesh: Context and Legal Analysis,’ held on Saturday at The Daily Star Centre in the capital.
The meeting, organized by the Bangladesh Legal Aid and Services Trust (BLAST), saw speakers highlighting the limitations of the current judicial system and various aspects of human rights violations in police custody.
Professor Md. Nazmuzzaman Bhuian, a professor at Dhaka University and Dean of the Faculty of Law at IUB, stated: ‘A confession should be driven by conscience. However, in reality, it is observed that everyone confesses only after being taken into police custody. The very existence of the ‘remand’ process proves that voluntary confessions are not being obtained. This process directly conflicts with our Constitution.’
He further emphasized that reforms must not remain confined to paper but must be prioritized in implementation.
In the keynote paper, Dr. Muhammad Mahbubur Rahman, Professor of Law at Dhaka University, highlighted the right to know the reasons for arrest, issues surrounding arrest without a warrant, and the principle of ‘presumption of innocence.’ He remarked, ‘The ‘tagging’ culture of labeling someone as a criminal prematurely must stop.’
The discussion also pointed out that effective enforcement of laws in Bangladesh must be ensured in light of international human rights charters. Speakers noted that while people are safe in many countries with fewer laws, Bangladesh faces a security deficit despite having an abundance of laws. The state was urged to move toward establishing a framework based on genuine justice and good governance.
Limon Hossain and Imtiaz Hossain Rocky, victims of arbitrary arrest and detention without warrants, shared their experiences at the meeting. They stressed that it is crucial for the state to ensure the security of victims who wish to file cases against such incidents and to fulfill its responsibility in rehabilitating those affected.
To eliminate arbitrary arrests, several important recommendations were proposed during the meeting, including:
Implementation of ‘Body Cameras’: Introducing body-worn cameras to ensure transparency in police operations.
Police Reform: Swift implementation of the recommendations made by the Police Reform Commission.
Strengthening Accountability: Enhancing judicial and law enforcement accountability through the Ministry of Home Affairs and the Ministry of Law.
Specialized Training: Providing law enforcement agencies with specialized training on human rights.
The speakers concluded by stating that it is possible to escape the culture of discriminatory and arbitrary arrests through inclusive social reform, rather than viewing the government or law enforcement agencies as adversaries.
The author:
Rita Bhowmick: Senior journalist and Correspondent, Pressenza- Dhaka Bureau.
