Torture in police custody: Serious cause for concern

In the aftermath of the death of writer Mushtaq Ahmed in custody, the nation was shocked to hear the details of the treatment of his fellow co-accused, cartoonist Ahmed Kabir Kishore, in police custody.

The cartoonist, who was arrested on charges under the Digital Security Act 2018, was detained for 10 months after being arrested in May last year until he was granted bail on March 3.

Torture in police custody remains a massive cause of concern in Bangladesh, particularly with the enactment and implementation of the provisions of the Digital Security Act 2018.

Rights groups and legal experts have consistently pointed to the misuse of the Act to silence dissent through intimidation and torture. Bangladesh acceded to the United Nations Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, 1984 (UNCAT) in 1998 but did not submit a state party report to the Committee until 2019.

Previously, the High Court Division of the Supreme Court noted with concern the human rights violation that takes place as a result of the widespread practice of "remand" wherein detainees are taken in for questioning and obtaining confession through use of force.

The High Court Division's judgement in a writ petition laid down some directions to be followed by law enforcement officers to ensure the arrestee's rights under the Constitution.

Subsequently, the Appellate Division issued its own directions while hearing appeal of the case in the light of the enactment of the Torture and Custodial Death (Prevention) Act 2013.

But the 2013 Act has remained largely ineffective and the first ever verdict under the law was given in 2020 by Dhaka Metropolitan Sessions Judge's Court, where the deceased's family was awarded compensation of Tk 2 lakh.

Despite the aforementioned legal remedies and judicial decisions, custodial torture has remained a consistent practice in Bangladesh.

According to the statistics of Ain o Salish Kendra, 75 people died in custody in 2020 and eight died in custody in January 2021 alone.

In light of the growing concerns of custodial torture, especially with regard to detention under the DSA, it is high time for the government to live up to the applicable international human rights standards.