A Paper on Convention against Torture

Prepared by: Jhuma Halder

Preamble:

As an Independent country/state Bangladesh is one of the most important trial in the

history of South Asia. Hence, in order to discuss the membership of Bangladesh in the

United Nations we should have to go back to India’s membership in the League of

Nations in 1920 and the United Nations in 1945 and it followed by Pakistan’s

membership in 1947. The Historic war for national Independence was fought in due

fulfillment of the legitimate right of self determination of the People of Bangladesh.

Thus, human rights program had been in the forefront of the country’s liberation struggle.

However, on 8 August 1972, Bangladesh applied to the United Nations for membership

under article 4 of the United Nations Charter. Bangladesh, becoming a member of the

United Nations, adhered to the UDHR, ICCPR, and so on international conventions for

fulfilling international peace, security and solidarity (Article - 25 of the Constitution of

People’s Republic of Bangladesh).

Protection against Torture:

(A) Convention against Torture

The Declaration on the Protection of All Persons from Being Subjected to Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment – 1975 had been adopted

by United Nations General Assembly resolution 3452 (XXX) on 9 December 1975. It

was the first declaration on torture which intended to be the starting point for further

work against torture. Later, the Torture Convention (Convention against Torture and

other Cruel Inhuman or Degrading Treatment or Punishment – 1984) was adopted as the

result of many years work, which enforced on 26 June 1987 with 33 articles divided into

three parts that aimed to prevent torture around the world. This convention required for

the signatory states will take effective measures to prevent torture within their borders

and forbids states to return people to their home country if there is reason to believe that

they will be tortured. This convention followed the structure of UDHR and ICCPR.

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(A) (i) Three Parts of the Convention Against Torture:

Part I (Articles 1-16) defines torture (Article 1), and commits parties to taking effective

measures to prevent any act of torture in any territory under their jurisdiction (Article 2).

These include ensuring that torture is a criminal offence (Article 4), establishing

jurisdiction over acts of torture committed by or against a party's citizens (Article 5),

ensuring that torture is an extraditable offence (Article 8), and establishing universal

jurisdiction to try cases of torture where an alleged torturer cannot be extradited (Article

5). Parties must promptly investigate any allegation of torture (Articles 12 & 13), and

victims of torture must have an enforceable right to compensation (Article 14). Parties

must also ban the use of evidence produced by torture in their courts (Article 15), and are

barred deporting, extraditing or refouling people where there are substantial grounds for

believing they will be tortured (Article 3).

Parties are also obliged to prevent other acts of cruel, inhuman or degrading treatment or

punishment, and to investigate any allegation of such treatment within their jurisdiction

(Article 16).

Part II (articles 17 - 24) governs reporting and monitoring of the Convention and the

steps taken by the parties to implement it. It establishes the Committee against Torture

(Article 17), and empowers it to investigate allegations of systematic torture (Article 20).

It also establishes an optional dispute-resolution mechanism between parties (Articles 21)

and allows parties to recognize the competence of the Committee to hear complaints from

individuals about violations of the Convention by a party (Article 22).

Part III (Articles 25 - 33) governs ratification, entry into force, and amendment of the

Convention. It also includes an optional arbitration mechanism for disputes between

parties (Article 30).

(B) Bangladesh Context:

Bangladesh had acceded Convention against Torture on 5 October 1998: a. According to

Population Census 2001 {National Report (Provisional)} July 2003, we find the

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individual characteristics of each religious community cross-classified by demographic

and socio-economic variables. It is observed that the proportion of Hindu population has

been declining from 33.0 percent in 1901 to 9.2 percent in 2001 due to the continuous

physical and physiological pressure and threat. The aggregated reduction was about 23.8

percent points over 1901. The differential growth rates between Muslims and Hindus, the

migration of Hindus following the partition of the subcontinent in 1947, Indo-Pak was in

1965 and the Liberation was of Bangladesh in 1971 coupled with relatively lower fertility

rate of Hindus population are the likely causes for decline in the Hindu Population

proportion in Bangladesh. The Buddhists and the Christians are the minor religious

communities in Bangladesh. There is virtually no change in the composition of these two

communities since 1974. The combined proportion of these two groups to the total

population of the country is only 1.0 percent. In terms of percentage of the size of

Christian population to the total population remained constant at 0.3 percent while

Buddhists at 0.7 percent in 2001.

The main provisions of the above convention do not met in practice from its accession to

till in Bangladesh. The definition of torture says “...any act by which severe pain or

suffering, whether physical or mental, is intentionally inflicted on a person for such

purposes as obtaining from him or a third person information or a confession,

intimidating or coercing him or a third person for any reason based on

discrimination of any kind, or punishing him for an act he or a third person has

committed or is suspected of having committed, when such pain or suffering is inflicted

by or at the instigation of or with the consent or acquiescence of a public official or

another person acting in an official capacity” [UN Convention on Torture, 1989].

However, Bangladesh experienced and is still experiencing the rise of religious

fanaticism. The October 1 Election of 2001 elevated one of such religious –centric

political party to state power, which identified the feeling of insecurity among the

religious minority communities. The fear came true when an identified quarter with the

blessings of coalition government specifically targeted Hindu Community for their

affiliation with the opposition political party. Their houses were burnt, men were killed,

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women were abused, temples were demolished and most importantly, their allegiance to

Bangladesh was denied.

The lofty ideals of the international instrument mentioned above is often dwindled

because most of its provision take the nation-state to be the only source of laws and

regulations governing the relationship between majorities and minorities. The Purposes

of Torture upon the ethnic religious minorities by the dominant majority groups destroy a

sense of community, eliminate leaders of community, create a climate of fear, produce a

culture of apathy, and disrupt family bonds. As a result, “no exceptional circumstances

whatsoever” may be invoked justify torture, internal political instability, terrorists acts,

violent crimes, etc.

Now this Present Government is trying to enhance the participation of minority

communities in Administrative services but it is not sufficient, other services in Defence,

Corporation, etc. are not till at the per. There is no Minority Member in Public Service

Commission, Election Commission, Vice-Chancellor of any Public or Private University.

According to Dr. B. R. Ahmmedkar “Rights are protected, not but law but by the social

and moral conscience of society. If social conscience is such that it is prepared to

recognize the rights which choose to enact. Rights will be safe and secure. Rights of the

fundamental rights are opposed by the majority community, no law, no parliament; no

judiciary can guarantee them in real sense of the world.” In conclusion, we can agree

with the comment of Dr. S.K. Sen , M.P. He said “We should move a provision in this

constitution for joint elect-orate so that the people of the whole country may realize that

we belong to one nation and one citizenship. We had previously agreed for the

reservation of seats for the backward people for sometime that was done with a better

idea and not to serve our parochial interest”.

References:

1. The constitution of People’s Republic of Bangladesh

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2. Population Census – 2001 (National Report) (Provisional) July 2003, Published

by Bangladesh Bureau of Statistics, Planning Division, Ministry of Planning,

Government of the People’s Republic of Bangladesh

3. Declaration on the Protection of All Persons from Being Subjected to Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment – 1975

4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment – 1984

5. Fifty Years of the Universal Declaration of Human Rights, Published by IDHRD

Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s

Republic of Bangladesh

6. Awami League and Sankhalaghu Tapshili Samproday, by Kartik Thakur,

published by Kartik Thakur, Gopalgong

7. Reservation and Minority Communities by Kartik Thakur, published by Naba

Avijan Prokashoni, Dhaka

8. Internet

(i) http://en.wikipedia.org/wiki/

United_Nations_Convention_Against_Torture

(ii) http://untreaty.un.org/cod/avl/ha/catcidtp/catcidtp.html

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