Rights of a person detained unlawfully

ARTICLE 33 of the Constitution of People's Republic of Bangladesh guarantees the following rights for the arrested/detained person:

a)  Right to be informed of the grounds for arrest/detention immediately;

b)  Right to consult and be defended by a legal practitioner of his/her choice;

c)  Right to be produced before the nearest magistrate within a period of 24 hours of arrest; and

d)  Right not to be detained in custody beyond the said period without the authority of a magistrate.

However, an enemy alien or a person who is arrested or detained under any law providing for preventive detention does not enjoy such rights mentioned above.

Article 9 of the International Covenant on Civil and Political Rights (ICCPR) of 1966 advocates for the protection of one's freedom of personal liberty and security. As often illustrated, examples of deprivation of this freedom extend to unlawful police custody, remand detention, imprisonment after conviction, house arrest, administrative detention, involuntary hospitalisation, institutional custody of children and confinement to a restricted area, as well as being involuntarily transported.

Some significant observations, as issued by the Human Rights Committee on 16 December 2014, are as follows: 

a) Detention of a person without lawful authority is arbitrary, even if it is done by the law enforcing agency;

b) Person to be detained entitles a notice of reasons for arrest and/or any criminal charges;

c) Person arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorised by law to exercise judicial power;

d) Anyone deprived of liberty by arrest or detention has a right to initiate legal proceedings for release from unlawful or arbitrary detention; and

e) Victim of unlawful detention is entitled to get compensation. 

In the determination of any criminal charge against an arrested/detained person, according to Article 14.3, he/she is entitled to the following minimum guarantees, in full equality:

a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

c) To be tried without undue delay;

d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; and

g) Not to be compelled to testify against him/her-self or to confess guilt.

Section 100 of the Code of Criminal Procedure, 1898 empowers the Court of Magistrate to issue a search-warrant for the discovery of any person who is reasonably believed to be under an unlawful confinement. The person, if found, is also required to be taken before a Magistrate for further legal action according to law.

(Source: ohchr.org and bdlaws.minlaw.gov.bd).