Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
According to government figures, 64 persons died while in custody. In cases where
most mortems were performed, there was no evidence that any prisoner died from
maltreatment. However, continual reports of police abuse and deaths of prisoners
indicate that this claim is deceptive and masks serious abuse. For example, on
March 4, police arrested a truck driver in Nishindara and reportedly beat him to
death. Eight police officers were suspended as a result of this incident; however,
there is no indication of further punishment. On November 27, a 21-year-old man died
while in police custody (see Section 1.c.).
Violence, often resulting in killings, is a feature of the political process.
Demonstrators from all parties, and even within parties, often clash during rallies
and demonstrations. Violence among student political groups reportedly resulted in
27 deaths, 1,500 injuries, and the closure of 45 educational institutions. On July 26, 4
people were killed and over 100 injured at a rally in Chittagong when forces of
Jamaat-e-Islami clashed with supporters of the All Party Students Unity.
b. Disappearance
There were no reports of disappearances resulting from government actions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Although the Constitution prohibits torture and cruel, inhuman, or degrading
punishment, police systematically employ psychological and physical torture and
other abuse during arrests and interrogations. Torture may consist of threats,
beatings, and, occasionally, the use of electric shock. On November 27, the police
reportedly beat to death a 21-year-old male detainee; but official sources alleged that
the man died of cardiac arrest. The Goverment has ordered a second autopsy
and an investigation is under way. In the past, some police officers have been
suspended for abusing detainees. Nonetheless, a climate of impunity remains a
major obstacle to ending torture and abuse.
Most prisons are overcrowded and lack adequate facilities. There are three
classes of cells: A, B, and C. Common criminals and low-level political workers are
generally held in C cells which often have dirt floors, no furnishings, and poor
quality food. The use of restraining devices on prisoners in these cells is common.
Prisoners in the C cells reportedly suffer the worst abuses, including beatings or
being forced to kneel for long periods. Conditions in B and A cells are markedly
better; A cells are reserved for prominent prisoners (including former President
Ershad). A government-appointed committee of private citizens monitors prisons
monthly but does not release its findings.
Former President Ershad is serving a 20-year sentence. In 1992 his supporters
filed a writ of habeas corpus in the Supreme Court asserting that his living conditions
were inhumane and that he has been denied proper medical care. The Court has not
yet rendered judgment. The Government maintains that Ershad receives competent
medical care and that his condition has improved and is satisfactory.
d. Arbitrary Arrest, Detention, or Exile
The Government continued to use national security legislation to detain citizens
without formal charges, though to a lesser extent than the past. The two most widely
used statutes are the Special Powers Act of 1974 (SPA) and the Suppression of
Terrorist Offenses Bill of 1992, often called the Antiterrorism Act. The Government
allowed the Antiterrorism Act to expire in November, claiming that the law had
achieved its purpose.
Under the SPA, the Government may detain anyone deemed "a threat to the
security of the country" for 30 days. At the end of that time, it must either charge or
release the detainee. In practice, detainees are sometimes held for longer periods
without charge. If the Government files charges, detainees have 15 days to appeal
the detention order to the Home Ministry, which may grant early release.
After 6 months, a review panel examines detainees. If the Government adequately
defends its detention order, the detainee remains imprisoned; if not, the detainee is
released. Detainees are allowed to consult with lawyers while in detention, although
usually not until a charge is filed. Detainees may receive visitors, and
incommunicado detention is not practiced.
From January to September, the authorities detained 1,498 persons under the SPA.
As of October, the courts reviewed 1,100 cases and ordered 789 detainees released.
The courts upheld the detention orders in the other cases.
In the first 9 months of 1994, the authorities arrested 856 persons under the
Antiterrorism Act and filed charges in 289 cases. However, the courts adjudicated
only 14 cases, 7 of which ended in conviction. Between its inception in 1992 and
September 15, the authorities arrested 3,358 persons under the Antiterrorism Act, and
filed 1,394 cases. On November 5, the date on which the Antiterrorism Act expired,
489 cases were pending. The Government has introduced legislation to dispose
of those cases.
e. Denial of Fair Public Trial
The court system has two levels, the Low Court and the Supreme Court. Both hear
civil and criminal cases. Trials are public. The Low Court consists of magistrates,
who are part of the administrative branch of government, and session judges,
who belong to the judicial branch. The Supreme Court is divided into two sections,
the High Court and the Appellate Court. The High Court hears original cases and also
reviews cases from the Low Court. The Appellate Court has jurisdiction to hear
appeals of judgments, decrees, orders, or sentences of the High Court. Rulings of the
Appellate Court are binding on all other courts.
The judiciary displays a high degree of independence, especially at the higher
levels. It often rules against the Government in criminal, civil, and even politically
controversial cases. In one politically sensitive case, an appellate court in June
upheld the April 1993 High Court decision to restore the citizenship of Jamaat-E-
Islami leader Golam Azam. The Government argued that Azam did not qualify
for full citizenship because he allegedly committed or condoned war crimes while
fighting on the side of Pakistan during the war of independence.
The law provides the accused with the right to be represented by counsel, to
review accusatory material, to call witnesses, and to appeal verdicts. In practice, the
largely rural, illiterate population does not always understand these rights,
nor do the authorities always respect them. There is a system of bail. However, if
bail is not granted, the law does not specify a time limit on pretrial detention. State-
funded defense attorneys are provided in only a limited number of cases, and there
are few legal aid programs to offer financial assistance.
The largest problem of the court system is the overwhelming backlog of cases. As
of September, over 500,000 cases were pending in criminal and metropolitan courts;
in Dhaka alone, approximately 25,000 cases were pending trial.
The Government claims that it holds no political prisoners. However, it has
arrested some opponents under the SPA for political reasons.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The law requires authorities to obtain a judicial warrant before entering a home.
However, human rights monitors assert that the police rarely obtain warrants and
officers violating the procedure are not punished.
In addition, the SPA permits searches without a warrant. Some opposition
members and CHT tribal leaders maintain that the intelligence services illegally
monitor their telephones and mail. Sheikh Hasina, leader of the opposition Awami
League, charged that the Government taps her telephones and has her under
surveillance. The Government denied tapping her telephone, but admitted that the
"surveillance" was provided for her protection.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
The Shanti Bahini, a tribal group, has waged a low-level conflict in the CHT since the
early 1970's to deter Bengali settlers who seek to exploit the Tract's fertile and
unpopulated land. Government settlement programs increased the number of Bengali
inhabitants in the CHT from 3 percent in 1947 to an estimated 45 percent in 1994.
Although the Government prohibits further settlement of the area, some settlers
continue to move in.
All sides--indigenous tribes, settlers, and security forces--have accused each other
of human rights violations. It is difficult to verify facts in specific incidents because
government travel restrictions, tight security, difficult terrain, and unsafe conditions
created by the insurgency limit access to the area.
In November 1993, violence erupted in the remote town of Naniarchar when a tribal
group demonstrated for removal of a security checkpoint. A group of Bengali settlers
reportedly attacked the demonstrators and other persons in the town and looted and
burned tribal homes. At least 27 people were killed and 100 injured before the police
and army restored order. At the end of 1994, a government commission which
investigated the violence had not issued an official finding.
There were no major violent incidents in the CHT in 1994. The Government
continued its talks with Shanti Bahini's political wing, the Jana Sanghati Samiti (JSS),
and the two sides agreed on December 26 to extend their cease-fire until March 31,
1995, when talks between the two groups are scheduled to resume. The Government
also extended the amnesty for insurgents until March 31, 1995.
The Government facilitated the return of Chakma members who had fled the conflict
in the CHT and sought shelter in refugee camps in India. More than 2,000 refugees
had returned by midyear.