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UN Expert Flags Critical Gaps in Bangladesh's Human Rights Framework

UN Special Rapporteur Alice Edwards has highlighted critical gaps in Bangladesh's human rights framework, including the absence of an A-status National Human Rights Commission. She noted that while Bangladesh has strong legal scaffolding, much of the supporting structure is missing, particularly safeguards in police custody. Edwards emphasized the need for independent bodies to investigate custodial torture cases, as the state is often the perpetrator. She described the current political transition as a "moment of great opportunity" for democratic renewal and institutional reform.

Key Points: UN Expert Flags Gaps in Bangladesh Human Rights Framework

  • UN expert highlights missing A-status NHRC in Bangladesh
  • National preventive mechanism against custodial torture absent
  • Edwards calls for independent bodies to probe torture cases
  • She describes current situation as "moment of great opportunity" for reform
3 min read

UN expert flags gaps in B'desh's human rights framework​

UN Special Rapporteur Alice Edwards highlights missing A-status NHRC and custodial torture safeguards in Bangladesh, calling it a moment of opportunity for reform.

"Torture is a unique crime, as in ordinary crimes the state acts as the protector of the victim, whereas in cases of torture, the state is the perpetrator. - Alice Edwards"

Dhaka, April 28

Alice Edwards, the United Nations Special Rapporteur on torture, highlighted the absence of an "A-status" National Human Rights Commission in Bangladesh and a national preventive mechanism against custodial torture, describing violence in the country as deeply embedded, systemic, and enduring, local media reported.

She made the remarks while speaking at a consultation meeting on strengthening prevention and accountability frameworks for torture in Bangladesh, held at the Hotel Holiday Inn in Dhaka.

The event was organised on Monday by Bangladesh Legal Aid Services Trust, the Association for the Prevention of Torture, the International Rehabilitation Council for Torture Victims, and Redress.

The Special Rapporteur, currently on a week-long study visit to Bangladesh, said that the country has built a strong "legal scaffolding", but much of the supporting structure is missing, Bangladesh's leading newspaper, The Daily Star, reported.

By "legal scaffolding", she referred to the Bangladesh Constitution's ban on torture, the ratification of the Convention Against Torture, and the 2013 law criminalising torture.

However, she said that what is still "missing" is an "A-status" National Human Rights Commission under the Global Alliance of National Human Rights Institutions.

She added that preventing torture depends on robust safeguards in police custody.

She said that someone must know a detainee is in custody; the person must have access to a lawyer, medical examinations, and audio-video recordings, and must be brought before a judge speedily. She added that judges are not exempt and have obligations not to ignore torture or send people to overcrowded prisons known for violence, stressing the need for magistrates and judges to be part of the conversation.

She stressed the need for independent bodies to probe instances of custodial torture.

She said that investigations have to be prompt and impartial, meaning they must be at "arm's length" from the perpetrators. She added that torture is a unique crime, as in ordinary crimes the state acts as the protector of the victim, whereas in cases of torture, the state is the perpetrator. This is why independent bodies are needed for investigation, she said, adding that the police should not be investigating the police.

She added that there is an intimate relationship between corruption, both political and financial, and the abuse of power, noting that torture is at the extreme end of such abuse.

Edwards described the present situation in Bangladesh as a "moment of great opportunity" that will allow for democratic renewal, institutional reform, and the building of a human rights culture embedded everywhere, from the workplace and the home to the streets and institutions.

She said that this period also comes with very high expectations, adding that from her engagement with civil society and survivors, these expectations are growing daily. It is a moment for the government and other actors to grasp this opportunity and maintain momentum, she noted.

- IANS

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Reader Comments

S
Sarah B
Interesting analysis. The point about "legal scaffolding" but missing implementation is spot on - many countries, including the US, have similar gaps between law and practice. Bangladesh's moment of democratic renewal should be used to strengthen institutions.
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Arjun K
The comparison between ordinary crimes and torture crimes is very insightful - when the state itself is the perpetrator, independent investigation becomes absolutely critical. India has seen too many custodial deaths where police investigated themselves. We need similar reforms. 🇮🇳
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Rohit L
While I appreciate the UN's concern, I worry this is another example of international bodies lecturing developing nations while ignoring similar issues in their own backyard. Look at Guantanamo Bay or police brutality in the US. Hypocrisy much? 😒
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Priya S
The emphasis on judges being accountable is very crucial. In both India and Bangladesh, our judiciary often turns a blind eye to custodial torture. We need a culture where every magistrate sees it as their duty to prevent torture, not just process cases mechanically. Excellent report overall.
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David E
I'm cautiously optimistic about the "moment of great opportunity" mentioned. Bangladesh has shown remarkable resilience and progress in many areas. Hope the new government takes human rights seriously. The international community should support constructively, not just criticize.

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