Bangladeshi domestic laws and policies provide detainees, including refugees and asylum-seekers, with the right to recourse to effective administrative or judicial remedies. Since the nation's legal system lacks a specific procedure for handling immigration-related detentions, detained refugees and asylum seekers might seek administrative or judicial remedies in the same way as every other detainee. Though, in practice, many challenges remain to access justice. Many provisions of different laws such as the Code of Criminal Procedure, 1898, Torture and Custodial Death (Prevention) Act, 2013, Legal Aid Services Act, 2000, Bangladesh Jail Code and some other laws discussed in the following part provide both administrative and judicial remedies to the detainees including refugees and asylum seekers. The Constitution of the People’s Republic of Bangladesh ensuring certain fundamental rights, further provide option to file writ petition in the Supreme Court for violation of these fundamental rights. 

The Code of Criminal Procedure (CrPC), 1898 provides procedures for bail applications, appeals, and reviews of detention orders. Detainees including asylum seekers and refugees can appeal against decisions of lower courts to higher courts. Section 154 of the CrPC empowers individuals to file a First Information Report (FIR) with the police to report a cognizable offence, which theoretically includes harassment, threats, and crimes while in detention. In addition, as per Section 190, magistrates can take cognizance (the act of taking judicial notice by a judicial officer) of offences reported by victims and per Section 200, individuals can file a complaint directly with a magistrate if the police fail to act or if it is a non-cognizable offence. The Code empowers the Magistrate to issue a search warrant for the discovery of any person who is reasonably believed to be under unlawful confinement.1

Section 9 and 10 of the Women and Children Repression Prevention Act, 2000 that also applies to the refugees and asylum seekers provides protection and recourse to survivors of harassment and sexual violence against women and children, providing for legal action and punishment. In addition, Section 31 of the Act empowers the Tribunal, during the trial of an offence, to place a woman or child in protective custody if deemed necessary instead of keeping them in prison. The Tribunal can order their custody to be handed over to a public authority or another person or agency it considers appropriate for protection. Additionally, 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. 

Under Section 2 of the Legal Aid Services Act, 2000, prisoners including asylum seekers and refugees are entitled to several rights such as legal advice while filing a case, remuneration for the mediator, arbitrators or lawyers appointed in the case aimed at ensuring their access to justice, particularly for those who are unable to afford legal representation due to financial insolvency, destitution, helplessness and for various socio-economic conditions.2 

Unfortunately, legislation does not directly address any compensation to the victims of unlawful detention. However, resorting to writ petition as provided in article 102 the aggrieved may file a case in the Supreme Court of Bangladesh for remedy.3 In one instance, the court ordered the government to pay BDT 5 million to a Bangladeshi individual as compensation who was” wrongly convicted” fifty years ago.4 The verdict was made a day after a different High Court bench issued a landmark ruling ordering the parties involved to explain why they would not be required to pay BDT 20,000,000 to Jabed Ali, a Bangladeshi National, who had been imprisoned for 13 years after the High Court declared him innocent.5  

In addition, the Bangladesh Jail Code has provided an opportunity to the detainees to present complain to the Inspector General of Prisons, Senior Superintendent, Superintendent or Jailor.6 The subject matter of the complaints can be about clothing, bedding, food, rationing or other matters and even disputes with other detainees. 

The Constitution of the People’s Republic of Bangladesh ensures many rights for all the people including refugees and asylum Seekers. Article 32 states against deprivation of life or personal liberty.7 Further, article 33 guarantees protection as to arrest and arbitrary detention and states producing of a detainee before a magistrate within 24 hours and the right to consult and be defended by a legal practitioner of his choice.8 In case of violation of any of these rights, under Article 102 of the Constitution of the People’s Republic of Bangladesh, detainees can file a writ in the High Court Division to challenge unlawful detention and seek release. In this regard, in the case of Refugee and Migratory Movements Research Unit (RMMRU) v. Government of Bangladesh (Writ Petition no. 10504 of 2016), the Court observed that the defendant (a Rohingya refugee) was detained in the prison beyond his prison term under violation of Article 32 of the Constitution, which guarantees every individual, including non-citizens, the right to life and liberty. 

Despite these legal safeguards, prisoners, including refugees and asylum-seekers in Bangladesh face challenges in  accessing justice for reasons such as the need of prior approval from the Camp in Charge (the appointed government officials overseeing individual camps known as the CIC) to leave the camp to go to the court, lack of proper awareness on the procedures to access the formal justice system and the risks of corruption, which potentially hamper the effectiveness of these remedies. 

• 1

  Section 100, The Code of Criminal Procedure, 1898

• 2

  Section 2, Legal Aid Services Act, 2000 

• 3

  Article 102, The Constitution of People’s Republic of Bangladesh states, ’ (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.’ 

• 4

  Star Online Reporter, HC orders Tk 50 lakh compensation for ‘wrong conviction', The Daily Star, (May 25, 2016 Dhaka) available at: https://www.thedailystar.net/country/news/hc-orders-tk-50-lakh-compensation-wrong-conviction-1229164  

• 5

  Anika Tahsin, A grim picture of wrongful convictions in Bangladesh, The Business Standard, (November 29 2020 Dhaka) available at: https://www.tbsnews.net/thoughts/grim-picture-wrongful-convictions-bangladesh-164614  

• 6

  Section 31, 79, Bangladesh Jail Code

• 7

  Article 32, The Constitution of People’s Republic of Bangladesh 

• 8

  Ibid, a. 33