Bangladesh Institute of Law and International Affairs (BILIA) organised a conference on Article 35 of the Constitution “Protection in respect of trial and punishment” on 29 June 2019 at BILIA Auditorium.
The conference was divided into two sessions. In the first part of the session, inclusion and practice of Miranda Rights in the trial system and necessity of fair trial ensuring natural justice were discussed. Amongst others, Dr Shahdeen Malik, Advocate, Bangladesh Supreme Court, Dr Raushan Ara, Associate Professor, Department of Law of University of Dhaka and Justice Md Ruhul Quddus, Judge of Supreme Court of Bangladesh were present in the first session of the discussion.
In the first session, Mr Iftekhar Sahariar, Assistant Judge, Joypurhat, in his paper emphasised on expressly communicating Miranda Rights to the accused while in custody. Mr Sahariar recommended inclusion of Miranda Rights in Police Regulation of Bangladesh (PRB).
Ms Farzana Rifat Siddique and Mr Md Hasibul Islam jointly presented a paper on the very concept of Fair Trial and addressed various factors hampering fair trial in Bangladesh
The second session of the Conference was held on the same day chaired by Justice Md Nizamul Huq, former judge of Appellate Division, Supreme Court of Bangladesh. Dr Mahbubur Rahman, Professor, Department of Law, University Dhaka was the designated discussant for the session.
Ms Shadika Haque Monia, Lecturer at Britannia University, Cummilla commenced the session with her paper titled “Extrajudicial Killing in Bangladesh. Ms Monia opined that proper implementation of procedure, appreciating human rights, addressing rule of National Human Rights Commission’s guideline and active participation of Law Commission in procedural matters can stop extra judicial killing and ensure justice.
The last paper of the session was presented jointly by Mr Muhammad Omar Faruque, Assistant Judge of Bangladesh Judicial Service and Mr Md Tawhid Al Azad, Judicial Magistrate of Chief Judicial magistrate Court, Munshiganj. The paper highlighted how formatted justice is hampering the criminal justice system.
Dr Mahbubur Rahman emphasised on the importance of moral values of the law enforcing agencies in ensuring justice.
The event was covered by Tasmiah Ali, Research Assistant (Law), BILIA.