Liberty & security of person

Bangladesh's domestic laws prohibit arbitrary deprivation of liberty and ensure procedural safeguards for all individuals, including refugees and asylum seekers. Alternatives to detention, such as bail and probation, exist for vulnerable individuals, minors, and non-violent offenders. The legal framework considers individual circumstances in detention decisions and aims to uphold humane conditions. Detainees, including refugees, have the right to seek administrative or judicial remedies for grievances, including harassment or threats. Bangladesh’s laws do not explicitly prohibit the detention of children for immigration-related reasons. However, domestic laws ensure the physical security of individuals, including refugees and asylum seekers, and provide protections against gender-based violence, domestic violence, sexual assault, and trafficking. There are no specific laws addressing the prevention of violence, exploitation, or trafficking of refugee children in hosting areas, but existing laws apply universally without discrimination.  

The Constitution of Bangladesh guarantees fundamental rights, including protection from arbitrary arrest and detention, as well as the right to life and personal liberty for all individuals. However, there are no specific laws for immigration-related detention, and such cases are handled under the general criminal justice system. Forced labour and unfair trial or punishment are also prohibited, and detainees can challenge unlawful detention through the High Court. 

Immigration matters in Bangladesh are governed by the Foreigners Act, 1946, the Passport Act, 1920, and other laws, with no separate procedural framework for immigration cases. Refugees and asylum seekers are subject to the same legal procedures as other criminal cases under the Code of Criminal Procedure, 1898, which provides safeguards, bail, and conditional release. The Penal Code, 1860, criminalizes unlawful confinement, while the Legal Aid Services Act, 2000, offers legal assistance to destitute litigants, including refugees. The Probation of Offenders Ordinance, 1960, allows rehabilitation through probation, and laws like the Special Benefit for Women Convicted in Prisons Act, 2006, and the Children Act, 2013, provide alternatives to detention. The Special Powers Act, 1974, often criticized as repressive, permits arbitrary arrests and detention if deemed necessary by the government. However, laws like the Prisons Act, 1984, the Prisoners Act, 1900, and the Probation of Offenders Ordinance, 1960, aim to ensure humane detention conditions. The Bangladesh Jail Code further regulates detainee assessments, while the Constitution grants the President the power to pardon or commute sentences. Various legal provisions, including the Code of Criminal Procedure, 1898, the Torture and Custodial Death (Prevention) Act, 2013, and the Legal Aid Services Act, 2000, offer administrative and judicial remedies for detainees, including refugees and asylum seekers. 

Bangladeshi laws criminalize forced recruitment, kidnapping, and abduction, with additional protections against gender-based violence and trafficking provided by various acts, including the Penal Code, Prevention of Oppression Against Women and Children Act, Anti-Terrorism Act, and Human Trafficking Prevention Act.  

The Supreme Court actively upholds fundamental rights by addressing unlawful detention and issuing protective guidelines. For example, in RMMRU v. Government of Bangladesh (2016), the Court ruled that detaining a Rohingya refugee beyond his prison term violated constitutional rights. In BNWLA v. Bangladesh (2010), the Court established guidelines to prevent harassment of women, girls, and children in workplaces, schools, and public spaces. 

The Government of Bangladesh has established the One Stop Crisis Centre to support victims of gender-based violence (GBV) and trafficking in persons (TiP). Rohingya refugees, with the help of implementing partners, have access to these services, including legal aid for GBV survivors. UNHCR's legal partners assist refugees in accessing justice. Psychological counselling and support services are available for survivors to address trauma and mental health concerns. Additionally, an Anti-Trafficking Working Group, active since 2019, operates across 33 camps and Bhasan Char to combat child trafficking. The group has identified 316 trafficking victims in 2024 and 418 in 2023, with many survivors rescued through interventions. 

Bangladesh's laws provide general detainee protections, but these are not specific to refugees, leading to challenges. The Foreigners Act 1946 has led to violations of refugee rights, with many Rohingya detained for immigration violations. While arrests decreased from 307 in 2021 to 74 in 2022 due to advocacy. Refugees still face physical and mental abuse, including reports of forced returns to Myanmar from the border. The deprivation of liberty for refugees and asylum seekers in Bangladesh is influenced by multiple factors. The lack of domestic laws for refugees often results in their classification as "illegal immigrants," leading to arrests under the Foreigners Act. Language barriers and a lack of awareness about their rights contribute to their vulnerability to arbitrary arrests. Additionally, many refugees, especially Rohingya, lack legal recognition or identity documents, hindering their ability to access legal aid or seek justice. The need for prior approval from the Camp in Charge and limited knowledge of formal justice procedures further complicate the situation. Corruption risks also impact the effectiveness of legal remedies. 

Refugees, especially in Cox's Bazar camps, are highly vulnerable to trafficking due to limited legal protection, lack of employment, and education. Despite laws designed to protect them, the challenge lies in the inadequate resources and facilities compared to the large refugee population. This disparity increases the risks of trafficking, with regular reports of such incidents. The current GBV programs in the camps focus on prevention, response, and risk-mitigation. These programs target various groups, including Rohingya women, men, children, government and community leaders, as well as partners from other sectors.