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Torture has become synonymous with the law-enforcement agency which affects the credibility of rule of law in Bangladesh. The major aim of this study was to explore the nature of torture in police custody from victim perspectives in Bangladesh. The additional aims were to analyze the causes and consequences of torture in police custody and find out the drawbacks to prevent torture victimization. This study was based on the triangulation of case study, content analysis and key informant interview through integration of both quantitative and qualitative manner.
The report, "'No Right to Live': 'Kneecapping' and Maiming of Detainees by Bangladesh Security Forces," calls upon Bangladesh authorities to order prompt, impartial, and independent investigations into all alleged "kneecappings" and other deliberate infliction of serious injuries by members of the security forces. The government should also invite the Office of the United Nations High Commissioner for Human Rights and UN special rapporteurs on torture and extrajudicial executions to investigate "kneecappings" and other alleged acts of torture and make appropriate recommendations to ensure justice, accountability, and security force reform.
Postcolonial legacies continue to impact upon the Global South and this edited collection examines their influence on systems of policing, security management and social ordering. Expanding the Southern Criminology agenda, the book critically examines social harms, violence and war crimes, human rights abuses, environmental degradation and the criminalization of protest. The book asks how current states of policing came about, their consequences and whose interests they continue to serve through vivid international case studies, including prison struggles in Latin America and the misuse of military force. Challenging current criminological thinking on the Global South, the book considers how police and state overreach can undermine security and perpetuate racism and social conflict.
In National Trials of International Crimes in Bangladesh, Professor Islam examines the judgments of the trials held under a domestic legislation, which is uniquely distinct from international or hybrid trials of international crimes. The book, falling under international criminal law area, is a ground-breaking original work on the first ever such trials in the ICC era. The author shows how the national law and judgments can act as a conduit to import international law to enrich and harmonise the domestic law of Bangladesh; and whether the Bangladesh experience (a) creates any precedential effect for such trials in the future; (b) offers any lessons for the ICC complementarity; and (c) contributes to the progressive development of Asian and international criminal jurisprudence.
This book, the first historical sociology of its kind concerning Bangladesh, examines the country's what-went-wrong-syndrome during the first fifty years of its existence, 1971-2021. The work is an exception to the traditional studies on modern and contemporary Bangladesh. The study is also a post-history of united Pakistan. Busting several myths, it sheds light on many known and unknown facts about the history, politics, society, and culture of the country. Besides being a twice-born country – liberated twice, from the British in 1947 and from West Pakistanis in 1971 – it is also an artificial entity suffering from acute crises of culture, development, governance, and identity. Hashmi attributes the culture and identity crises to the demographic byproducts of bad governance. In addition to being overpopulated, Bangladesh is also resource-poor and has one of the most unskilled populations, largely lumpen elements and peasants. According to Marx, these people represent “the unchanging remnants of the past”. The second round of independence empowered these lumpen classes, who suffer from an identity crisis and never learn the art of governance. The proliferation of pseudo-history about liberation has further divided the polity between the two warring tribes who only glorify their respective idols, Mujib and Zia. Pre-political and pre-capitalist peasants’ / lumpen elements’ lack of mutual trust and respect have further plagued Bangladesh, turning it into one of the least governable, corrupt, and inefficient countries. It is essential to replace the pre-capitalist order of the country run by multiple lumpen classes with capitalist and inclusive institutions.
This title was first published in 2001. Rigging elections in favour of those in power has become a common practice in Bangladesh. Muhammad Yeahia Akhter focuses on the significance of elections in this ostensibly democratic state and portrays how electoral corruption has damaged the process of democratic consolidation. The author reveals the failure of both civilian and military governments to obtain democratic legitimacy and/or credibility through free and fair elections. The study examines the relatively democratic, but largely non-transparent nature of electioneering under non-partisan caretaker governments. The study provides a source of understanding of fair electoral process for the politicians and electoral officials in Bangladesh and other democratizing polities. It provides valuable information to the policy makers and practitioners in order to reform the electoral process in Bangladesh and in other similar countries.
This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.
Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the United States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Key Features: -Explores the rise of modern criminology and the criminal justice system in the nineteenth century. It is critical for students to understand the history of modern systems to fully comprehend the varying nature of today's main legal systems, focusing on the United States as a standard of comparison. -Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, corrections, due process of law, and search and seizures. -Includes discussions on comparative processes of criminalization and decriminalization on such issues as domestic violence, child abuse, homosexuality, and sexual harassment. -Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. -Discussion questions ensure that student's grasp the core theoretical concepts.