Few cases over custodial deaths as people don't want to go against law enforcers: Jyotirmoy Barua
The law to punish custodial deaths exists, but people's lack of faith in the justice system prevents it from being utilised, Barrister Jyotirmoy Barua, an advocate of the Supreme Court, said.
Speaking to The Business Standard, he said, "The Torture and Custodial Death (Prevention) Act, 2013 provides a legal definition of both 'torture' and 'custodial death'."
The Act details the provisions for making a complaint, the investigation procedure, and sentencing provisions, he added.
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"It takes mental torture, as well as physical torture, into consideration. Any government official can be accused of torturing someone in custody and sued in a criminal case."
He, however, highlighted Section-15 of the Act, which states that "the offence of murder is punishable only if death in custody occurs as a result of torture."
The advocate also said the number of cases filed under the Act were not as high as expected.
"The number of cases on torture and custodial death is lower than we expected after the Act was passed in 2013. Law enforcers are also less likely to accuse other law enforcers in cases of torture in custody and custodial deaths. As a result, people lose faith in the legal procedure," he said.
Barua said there were very few instances of such cases in Bangladesh "because people do not have courage to go against law enforcers."
On how such a case can be filed, he said, "A family member or a friend of the victim can lodge a complaint as the complainant. Furthermore, a letter to court can invoke the court to take necessary steps in this regard."
Custodial death means death of any person in the custody of any government official. Custodial deaths will also include death during interrogation, regardless of whether the person is a witness of the case or not.
The first case under the The Torture and Custodial Death (Prevention) Act, 2013 was filed on 20 July 2014 regarding the murder of trader Sujon at the Mirpur Police Station in Dhaka.
Sujon's wife Mamtaz Sultana Lucy filed the case naming Mirpur Thana Officer-in-Charge (OC) Salauddin as the main accused.
In 2020, the Dhaka Metropolitan Sessions Judge's Court jailed three police officers for life term and two police informers for seven years for killing Ishtiaque Ahmed Jony in the custody of Pallabi police station in 2014.
The verdict was considered a watershed in Bangladesh's legal history.
