Scribd Explore Saiful Islam

CHAPTER- ONE INTRODUCTION1.1 INTRODUCTION: The right to fair trial 1 is human rights, which has been accorded to allthe members of human family by international human rights law, aswell as municipal human rights law. This right is accrues from themoment when a person is arrested. This right contains the notion of equality before law and is designed to protect the individuals from thearbitrary acts of the authority violating his/her right to personal liberty. The right to a fair trial is a crucial guarantee in the ever increasingsociety to create and maintain standers of human rights at theinternational as well as national level 2 set forth by the UniversalDeclaration of Human Rights(UDHR) in 1948, the right to fair trial hassince than been further elaborated and recognized by severalinternational and regional human rights document, includingInternational Covenant on Civil and Political Rights (ICCPR of 1996)and the European Convention for the protection of Human Rights andFundamental freedoms (ECHR of 1950) 3 . Bangladesh, as a welfaredemocratic state ensure fair trial right to the accused persons throughvarious legislation e.g the Constitution of the Peoples Republic of Bangladesh, the Code of Criminal Procedure of 1898 etc. Fair trial inthe admini9stration of justice is a burning issue around the world now-a-days. Though to some extent Bangladeshi laws ensure fair trial is afar cry. In the spite in changing context, research work should be madeon this topics. This is a study on the right of accused person to affair 1 The right to a fair trial in criminal cases at law is ensured by articles 10 and 11 of theUDHR and art. 14 of the ICCPR. 2 See David Harris, The Right to Fair Trial in Criminal Proceedings as a Human Right, 16 inTI &comp. L.Q.352(1967) http://www3.law.nyu.edu/journals/jalap/31/n/pads/ 3 http: 11www.legislationline.org/ tid= 1 & less=false 1 trial and a comparison between the standard of fair trial as assured byinternational

instruments as well as the municipal laws of Bangladesh. 1.2 STATEMENT OF PROBLEM: The laws relating to fair trial of the accused persons of Bangladesh,India and Pakistan are similar to a great extent. In the Constitution of Bangladesh various provisions regarding the protection of humanrights have been incorporated under part (1) and (2) namely;Fundamental Principal of State Policy and Fundamental Rights,accordingly. The right to a fair trial of the accused person is one of thefundamental rights, guaranteed by the constitution of Bangladesh. Theviolation of this right, to some extent may be considered as crime.This crime may be committed either by private individual or by lawenforcing agencies (LEA) like Police, Border Guard of Bangladesh(BGB) and ANSAR. The number of crimes regarding trial by the LEAis increasing enormously in recent years and these are threatening thesecurity of peoples life and property. Unfair exercise of third degreemethod 4 by police while questioning in the name of remand,malpractice of sec 54 and 167 of the Code of Criminal Procedure,1898, severely curtail the right of accused person under trial. In thesecircumstances, it is necessary to find out the causes of violation of right to fair trial of an accused person under various stages of criminaltrial.Crime is an inevitable general feature of every society. A generalsurvey of the world situation makes it clear that rapid social changesare giving rise to greater criminal activities which must be overcome by the law and criminal justice system. The criminal law of everycountry defines certain acts which it regards criminal and providessanction against the individuals who is responsible for the commissionof such acts. An individual who is charged with the commission of a 4 Third degree method means a method in which the police apply physical and/ or mental pressure upon the suspect to exact information of incriminatory nature while he/she is beinginterrogated. 2 crime is an accused. Every mature legal system of the world, be it theAmerican, British, Indian or Bangladeshi, regards the accused asinnocent until he is proved guilty beyond all reasonable doubts. The protection of the right of the accused against the coercive powers of thestate is part of the human rights propaganda initiated by the United Nations Organizations and expressed directly in part 3 of art 14(2) of the International Covenant on Civil and Political Rights. This providesthat Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.1.3 NECESSITY OF THE STUDY: The principal objective of the study is to identify and show themethods and modes in theory and in practice of the municipal legal provision of fair trial of accused persons in Bangladesh, keeping pacewith international legal instruments.Other objectives of the study are as follows:1.To study on the general concept of fair trial.2.To identify the slandered of fair trial under internationalinstruments.3.To identify the standard of fair trial under municipal legal provisions.4.To make a comparison between the standard of fair trialguaranteed by international instruments and the domestic laws

of Bangladesh.5.To make a framework of fair trial of accused person inBangladesh.3 1.4METHODOLOGY OF THE STUDY: This study will examine the laws, international and municipal, and practices relating to the standard of fair trial of accused persons. Inorder to give complete shape to this thesis, arrange of research methodsare used 1.Review of international instruments of human rights of theaccused.2.Examination of constitutional guarantees regarding the fair trialright of the accused in Bangladesh.3.Analysis of statutory laws and case laws relating to fair trialright of the accused in Bangladesh and some other major legal system,e.g U.K, USA, India and Pakistan. 1.5 DURATION OF THE STUDY: The study will cover 1months from January to February 2011. 1.6 LIMITATATION OF STUDY: The international standard of fair trial of accused person encompass awide range of elements out of which the scope of this study will berelated basically to two things namely, standard followed at the pretrial and trial stage both in international and Bangladesh perspectives.Some other post-trial rights will also be examined. While discussinginternational aspect basically the UDHR, ICCPR AND ECHR shallhave emphasized. In making comparison between the international anddomestic perspectives instance of some countries like UK, USA, Indiashall have relatively been focused.4 Leave a Comment You must be logged in to leave a comment. Submit Characters: 400 The Role of Police in Criminal Justic System The Role of Police in Criminal Justic System prospectives of BD Download or Print 1,287 Reads Uploaded by Dipu01718 Follow TIP Press Ctrl-F to quickly search anywhere in the document. 82 p. Mobile Banking (Banking in your hand) 43 p. WALTONN 50 p. Pricing policy of the Rahimafrooz Renewable energy ltd. Follow Us! scribd.com/scribd twitter.com/scribd

facebook.com/scribd About Press Blog Partners Scribd 101 Web Stuff Support FAQ Developers / API Jobs Terms Copyright Adchoices AdChoices Privacy Copyright 2012 Scribd Inc. Language: English FIRST SESSION Concept of Human Rights and the role of Police Officers in protection of Human Rights Speaker: Shri Subhash Avate, Special I.G.P.,Maharashtra State Human Rights Commission Chairperson: Dr. Arvind Tiwari, Reader, Dept. of Criminology and Correctional Administration,TISS,Mumbai. Mr. Subhash Avate, spoke about the concept of human rights and role of the police in protection of human rights. He mentioned that historically human rights began with natural rights. In the past, the violations committed by rulers, dictators, autocrats on their subjects paved a way for the evolution of etiquette on how a ruler should behave and protect his citizens. This progressed towards the formation of universal laws, and in World War II the abuse of the right to life, triggered people towards peace. Eventually, Universal Declaration of Human Rights (UDHR), 1948 came into existence. He stressed that important U.N Declarations such as International Covenants on Civil and Political Rights (1966) and the Economic, Social and Cultural Rights (1966) should be known to all police officials. The society expects a lot from the police but they have resources to resolve all social issues. But man with proper knowledge, skills, information can prevent violation of human rights to a large extent.

He noted that the definition of human rights according to Section 2(d) of the Protection of Human Rights Act, 1993 is as follows: Human rights mean that rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. He further elaborated on the Characteristics of the human rights. He said that human rights by nature are Universal, Inalienable, Undivided, Uniform, Fundamental, Developmental and Progressive. He then mentioned the role played by the Police could play a positive role in the protection of human rights in the following manner: 1. to contribute to the liberty, equality and fraternity in human affairs; 2. to help and reconcile freedom with security and uphold the rule of law; 3. to uphold and protect human rights of the citizens; 4. to build up faith of the people in their protection of human rights by the state; 5. to investigate, detect and prevent the offence; 6. to deal with the minor child, in crisis, to 7. to accept public service is as a mission; 8. to understand the human rights in true spirit and uphold them. After the keynote presentation made by Mr. Avate the floor was open for discussion. There were various queries among the participants about the origin and functioning of the Maharashtra State Human Rights Commission. Mr. Subhash Avate then mentioned about the role of Maharashtra State Human Rights Commission in protection of human rights. Since its inception (Dt. 2.2.2002) they sought for the participatory role of the police officers. A very important point was raised by one of the police officers who mentioned that, whether the same human rights activists ever go the victims place and understand their situation. It led to a further discussion on the balanced approach wherein all the three parties i.e. the police, victims and the accused are considered. It was suggested that seminars like this should be conducted on regular basis where press, media, public and politicians should also participate and it should not be a clash between the human rights activists, and the police, rather it should be based on mutual interaction and discussion. The Special I.G.P. of State Human Rights Commission, also stressed on the fact that, there are very few NGOs that are working for the cause of the victims, and he also mentioned that if the NGOs take up initiatives of the victims then the police would definitely help them. Thinking about the Human Rights of the victims everybody should come forward to help, the press and media along with social workers for their rehabilitation. Citing an example, he told, when a girl is raped, instead of giving a helping hand to the victim and her family the media publishes her full details in the newspaper, which adds on to the girls misery and her whole family. Therefore it is required that, the importance should be on the victims rehabilitation and not on

publishing her misery in the media .A very few NGOs work on this area and those few who do, work for getting more grants. Mr. Avate, appreciated work of some of the NGOs, genuinely working in this area and mentioned that the State Human Rights Commission is preparing a list of Such NGOs that are doing good job, with whom they can develop partnership. There was also a discussion on the inhuman conditions of the police stations and heavy workload on the police officers. The question was raised by the lawyers that, how the police are going to protect Human Rights of people, when their own human rights are violated. Dr.Toppo,Reader,PMIR Department, TISS, raised two incidences of human rights violations committed by the police. 1. Two years back, at Tapkora (Jharkhand), policemen fired and killed 8 innocent tribals. 2. At midnight, the police had raided on village and arrested the tribals and took away their belongings. The point raised here was that, if the police have right to fire anywhere on anybody and is it not human rights violations. Mr. Subhash Avate responded that unless and until we go into the facts of the case, we cannot comment and if these are the facts, then of course there was breach of human rights. Every incident should be investigated, and the proper enquiry is to be conducted in such cases and the concerned authority should take just action. The Speaker, here, stressed on the fact that growing numbers of under trails in the jails and those cases not being resolved within a due time is also violation of the human rights of the victims. Thus the system needs to be changed and for this purpose the public, the mass media, the NGOs, Civil Society Groups should come together to work with the police and bring justice to the victims. The Chairperson Dr.Tiwari summarized the session saying that working hours of the police officers are ofcourse high.Sometimes they work for more than 16-18 hours a day. They also deserve human rights because they are also the citizens of the country.The main problem with the police is that it does not behave properly with the common man. There is fear for the police even among the law abiding Citizens. This is the responsibility not only of police officers, but also at the same time of the academicians, NGOs, and social workers, to improve the relations between the police and the common man. The common man should be convinced that police is there to help them and protect their human rights. Secondly the NGOs should work for the victim and their families. At the same time the police have to work for the protection and promotion of human rights in the day-to-day working. A feedback form was provided to the participants (police officers) and their responses on each session were taken, at the end of the seminar. Their feedback regarding this session was positive. The participants (police officers) felt that the inputs given in this session were vital for their efficient functioning in protection of human rights of the

citizens but due to time constraints the various dimensions could not be discussed at length. So they suggested that these topics should be included as a part of their regular training course so that they can use it in their day-to-day discharge of duties.

THE ROLE OF HUMAN RIGHTS EDUCATION IN MALAYSIA AND BANGLADESH: AN APPROACH FOR SUSTAINABLE DEVELOPMENT

Dr. Noor Mohammad 1 1Visiting Senior Lecturer, Faculty of Law, University of Malaya 50603, Kuala Lumpur, Malaysia. Tel: 603-7967-6520, Fax: 79573235, H/P: +60166675148, Email:noormu2007@gmail.com

ABSTRACT

Bangladesh is one of the most densely populated and least developed counties in the world. This country has been suffering much due to poverty, corruption, scarcity of natural resources, natural calamities etc. where good governance as one of the mechanisms for ensuring human rights is very difficult to examine. Since her independence in 1971, the Government of Bangladesh passed some important laws including human rights and also approved some other international human rights laws to defend the human rights to the people of the land. But it is a matter of regret that these laws and policy are not properly implemented due to absence of good governance including the insufficient penal provisions, British colonial laws, non coordination, not decentralizing the court administration, insufficient training and research, lack of law enforcing agency, lack of technical knowledge etc. Consequently, thousands of people have been facing numerous problems in each year. Many international efforts such as the Johannesburg Conference, Rio Declaration etc; have been done in this regard. Particularly, fighting against corruption, an offence against the humanity was one of the major initiatives and challenges towards the human rights. This study also finds that generally the people have been suffering and depriving much for want good governance and without, a country may turn into a desert. Therefore, the institutional shapes for ensuring good governance are very essential as the manner in the developed countries immediately which should be done considering in our own way. The Government may set up the mechanisms for ensuring good governance for justice to all people irrespective of religion, language, colour, sex etc. The Government may also come out with clean hands from their houses to see the situation of the common people surrounding us like the Khalifa Hazrat Omar (R.). We should not forget them but alternatively we can follow their ways only for the services of the mankind as human being on the earth. Some findings may be presented as example which was done at the Lakkatura, Tea Estate Ares of Sylhet, district in Bangladesh where thousands of labours have been working and al least the ten people of them from different communities were selected as representation for this work. This paper is based on primary and secondary source. The observation method has been given priorities. Moreover, a study may be done in the kreinch area including the university of Malaya where at least 50 people of different criteria from the Bangladeshi and Malaysian including various professionals, teachers, students etc., will be selected and asked them through structured and unstructured questionnaire in relation with the human rights problems and the ways of over come it including corruption, good governance etc.. Moreover, Human Rights Commission in Malaysia and with some NGOs

including the Transparency International Malaysia will be taken as case study. Malaysia is not exceptions to it which is also known as developing and economically sound with plenty of natural beauties country of the world. It seems that if the governments would like to implement the human rights education incorporating in the national curricula at all levels with the religious education in harmony with the civil law that could be only possible to achieve sustainable development and environment in Bangladesh and Malaysia for the purposes of protecting our planet, the home. Keywords: Sustainable Development, Human Rights Education.

INTRODUCTION
All human beings are born free and equal in dignity and rights. -Universal Declaration of Human Rights, 1948.

The term human rights is simply meant with the rights of the people on the earth recognized a course on the jurisprudence by the most of the legal systems of the world. It deals with the rights for the human beings. It is originated from a Latin word humanus which means any view in which interest of human welfare is central.1 It may be defined as the bundle of rights that comes with during the birth of a child. It includes all kinds of rights. It is a prerequisite for ensuring human personality and upholding human dignity2. It is like a man without an eye. It is very vast, vague and requires wide range of understanding. Human Rights are those rights that existed before the State came into being, and for this reason they are natural and inalienable rights. The human rights are evolved in the history of human civilization.3 Human rights are the rights that are possessed by every human being, irrespective of nationality, race, religion, sex etc. Human rights are sometimes called fundamental rights or basic rights or natural rights.4 It also involves in the human civilization. In the legal field, human rights are a new addition to the jurisprudence. It is developed through the writings of the authors of Vettel, Hobs etc; with the touching of various battles such as French Revolution, American Declaration of Independence etc.5 The human rights is treated as a God gifted law or the natural law. After revelation of the holy Quran, there are many suras and ayats such as huzrat, attin, tin etc., that describe human rights and its importance. Islam bears a significant role towards the development of international Human Rights Law. 6 It is supported by the other religions of the world.