Bangladesh has several domestic laws which aim to guarantee humane and dignified conditions of detention. The legal framework of the country having no explicit mechanism for the immigration related detentions, treat the detained refugees or asylum seekers under the same framework applicable to all other detained person within the country.  The Constitution of the People’s Republic of Bangladesh guarantees certain fundamental rights such as protection of life and personal liberty, protection while in trial and during punishment and importantly safeguard regarding arrest and detention to all person including refugees and asylum seekers. The primary law that attempts to ensure humane and dignified condition is The Prisons Act, 1984. In addition to this, The Bangladesh Jail Code outlines the procedural safeguards for the detainee during his serving in the jails of Bangladesh. These two laws are applicable to both the refugees and the asylum seekers as in the very initial part the act stated that it extends to the whole of Bangladesh. 

The Prisons Act, 1894 outlines some fundamental rights of detainees. As per Section 4 of the Act, the Government shall provide sufficient accommodations in prisons where the male and female prisoners will be segregated in separate building or in separate part of the same buildings. Section 7 stipulates that, if the number of prisoners in any prison is more than required and it is not convenient to transfer the excess number to another prison, then shelter and safe custody should be provided in temporary prisons to the prisoner. In addition, if there is any outbreak of epidemic disease within any prison, prisoners should be provided temporary shelter and safe custody. During the Covid-19 pandemic, ICRC supported the Prisons Directorate in Bangladesh to prevent the spread of COVID-19 within prison facilities. Three COVID-19 isolation facilities were opened in 2021 as a result of close cooperation between the Ministry of Home Affairs (MoHA), the Prisons Directorate, the Ministry of Health and Family Welfare (MoHFW) and the ICRC.

Furthermore, section 27(1) of the Prisons Act, 1894 states that female prisoners shall be imprisoned in separate buildings or a separate part of the same buildings in such a manner as to keep them in total separation from the male prisoners. Section 27(2) of the Act states that male prisoners who have not attained the age of 21 or are under the age of 21 shall be separated from other prisoners. Prisoners who have not attained the age of puberty shall be separated from others who have attained the age of puberty. The Section also states that it is the duty of the prison authorities to separate civil prisoners from criminal prisoners. Section 29 elaborates that a cell shall only be used for solitary confinement if it enables prisoners to communicate at any time with an officer of the prison or any authority, and if prisoners are confined in a cell for more than 24 hours as a punishment or due to the situation in prison, they shall be visited at least once a day by the medical officer or medical subordinates . Section 33 of the Act states that every  criminal prisoner whose trial is still going on and who is unable to afford sufficient clothing and bedding shall be provided by the Superintendent with such clothing and bedding as may be necessary and in case of civil prisoners, the cost of clothing and bedding shall be provided by the person in whose favor the decree was passed.   Section 37 states that, if any prisoner seeks medical attention or is ill, the jailer should immediately call medical assistance for the prisoner. 

Alongside these provisions, The Bangladesh Jail Code provides for facilitation of communication with the relatives or friends of the convicted prisoner with a view to the preparation of an appeal or to the procuring of bail and shall also be allowed to have interviews or write letters to his relatives or friends. In addition, the Jail code states giving opportunities for physical exercise for an hour in the morning to the prisoners except the old, sick and pregnant women. The opportunity of exercise is also open for the prisoners held in separate confinement. However, the law or the policies do not permit families to stay together in detention. 

Section 4 of the Torture and Custodial Death (Prevention) Act, 2013 allows individuals to file complaints and seek remedies for torture or ill-treatment by law enforcement during detention. The Code of Criminal Procedure, 1898 empowers the Magistrate to issue a search warrant for the discovery of any person who is reasonably believed to be under an unlawful confinement.

On top of all of the statutory provisions, the Constitution of the People’s Republic of Bangladesh ensures fundamental rights including the protection of life and personal liberty, and protection from torture or cruel, inhuman, or degrading treatment or punishment and cannot be compelled to be witness against himself. These provisions are applicable to anyone who is in the territory of Bangladesh, including refugees and asylum-seekers. The Constitution also provides safeguards regarding arrest and detention and ensures legal representation in all cases specially in preventive detention.   

The statutory laws have outlined that are also applicable to refugees and asylum seekers. However, the prevalence of violence against prisoners is extremely high. According to the Dhaka-based human rights group Ain O Salis Kendra (Law and Arbitration Center), during the final nine months of 2022, at least 58 persons have lost their lives while in the custody of the police, and 5400 have been injured nationwide. In practice, overcrowding, inadequate healthcare, poor sanitation, and instances of ill-treatment are reported as significant challenges in Bangladesh's prison system.  There have been reports of the arbitrary detention and beatings of Rohingya refugees who have attempted to flee the island of  Bhasan Char. In Cox’s Bazar, there are reports that members of the Armed Police Battalion (APBn), a specialist combat unit of the Bangladeshi police force, have arbitrarily detained, beaten, and tortured Rohingya refugees in the camps.