The State’s Legal Right to Impose Death Penalty: Necessity or a Choice?

The State’s Legal Right to Impose Death Penalty: Necessity or a Choice?

 

Introduction

“An eye for an eye and a tooth for a tooth”, the medieval principle of Lex Talionis developed in Babylonian era is often used as a justification to take away a person’s life in retaliation.[1]However, thinking about it rationally would make anyone wonder about the hypocrisy hidden behind it. More so, when the state is the one taking away its citizen’s life. A state usually, commits the act of taking away an individual’s life through pronouncing death sentence for offences committed under its national laws which carry death sentence as a punishment. Generally, death sentence is given in regards to gruesome offences committed, for example, but not limited to, murder. Nonetheless, if it is unlawful to take away someone’s life, why is it that the state has the right to do the same? Whereas, the Constitution of People’s Republic of Bangladesh[2][3] and the Universal Declaration of Human Rights and various other international instruments clearly protect each individual’s right to life[4]. Even if the laws of a country permit such action the question remains whether it is absolutely necessary to do so rather than conforming to other efficacious penalties.

  1. Right to Life Under the Constitution of Bangladesh

According to the Constitution of the Peoples’ Republic of Bangladesh[5]article 32, “No person shall be deprived of life or personal liberty save in accordance with law.” To begin with, this provision clearly protects the right to life and liberty of every individual within the country. However, by adding “save in accordance with law” the provision implies legality of giving death sentences. Impliedly meaning that if any law suggests a person can be deprived of life and personal liberty. Moreover, article 31 of the Constitution of Bangladesh provides “… No action detrimental to life, liberty, body, reputation or property of any person shall be taken except in accordance with law.” Additionally, Article 149[6] saves the Penal Code 1860[7] except as modified by law made under the Constitution. Moreover, although not judicially enforceable, article 25 of the Constitution[8] talks about international solidarity and recognizes the UN Charter[9]. On the other hand, article 47[10] which is judicially enforceable recognizes humanitarian law and does not bar or limit the constitution from the application international treaties and laws of war. These provisions do not expressly conform to all the international laws but somewhat recognizes them impliedly not imposing any limitation to their applicability. However, in the case of BLAST and another vs. Bangladesh and others, commonly known as Shukur Ali case,[11] the High Court declared the illegality and the unconstitutionality of the provision of awarding death sentence under the Women and Children Repression Prevention (Special) Act, 1995.[12]In the judgement, the court observed that, regardless of the nature of the crimes, as per the constitutional provisions’ death penalty cannot be the only punishment for the offenders. Therefore, death penalty must not be the only option in front of the court and since the verdict, The Women and Children Repression Prevention (Special) Act, 1995[13] has been repealed and the Women and Children Repression Prevention Act, 2000[14] came into force which has a provision of life-term imprisonment as an alternative to capital punishment. Therefore, the principle was established that death penalty is legal in Bangladesh but it cannot be the only punishment in regards to any crime through this case.

  1. Right to Life Under Human Rights Document

International human rights law emphasises and predominantly protects the inherent right to life by advocating in regards to obligations of states to ensure proper enjoyment of such right. The most general recognition of right to life is enunciated in article 3 of the Universal Declaration of Human Rights.[15] Moreover, article 6 of the International Covenant on Civil and Political Rights[16]recognizes the right to life to be protected by law and bars arbitrary deprivation of life. In addition, gives guidelines to the countries that have yet not abolished death penalty to confer such punishment only in regards to heinous crimes. Furthermore, enunciates that death penalty should not be given to persons who are below eighteen years of old, which is also recognized in the article 6 of the Convention on Rights of the Child[17]. In accordance with article 2 of the Universal Declaration of Human Rights[18] and articles 2 and 26 of the International Covenant on Civil and Political Rights[19], and pursuant to several other United Nations declarations and conventions, everyone is entitled to the protection of the right to life without distinction or discrimination of any kind, and all persons shall be guaranteed equal and effective access to remedies for the violation of this right. Several countries have enacted domestic laws to safeguard these human rights. For example, United Kingdom has enacted the Human Rights Act, 1998[20] where anyone can seek remedies for arbitrary deprivation of right to life in the domestic courts of the United Kingdom.[21]It is to be noted that, Bangladesh as a state party has ratified all of these Conventions mentioned above and is obligated to uphold these principles in its national laws and practices.[22]

  1. Forms in Which the State Takes Away the Lives of Individual

As per the Constitution of the People’s Republic of Bangladesh the state can only take away any individual’s life under the purview of national law.[23][24] Despite the fact that death penalties violate the international human rights threshold, it is the only instance where the state may have the legal right to take away anyone’s life. However, Bangladesh as a state has been violating the right to life of its citizens by committing extrajudicial killings and enforced disappearances[25] which is completely unconstitutional with regard to article 31, 32 and 33[26] violating the right to life, equality before law, rule of law, due process and the principles of natural justice. The state does not have any right to commit such unconstitutional acts and shall be barred from committing such human rights violations.

  • By Carrying Out Death Penalty as a Punishment of Offences

Bangladesh has set death penalty for punishment through various laws. Under these laws’ the state would have right to take away a person’s life who is given death penalty subject to the principle established in Shukur Ali case[27], that the death penalty is not the only punishment available in such circumstances. Under the Penal Code, 1860 for various specified offences death sentence is provided which include, for example, waging war against the Government[28], abetment of mutiny[29], giving or fabricating false evidence leading to procure one’s conviction for capital offence[30], murder[31], abetment of suicide by child or insane person[32], attempt to murder by a life convict, if hurt is caused[33], dacoit with murder[34] kidnapping for ransom[35]. Moreover, The Anti-terrorism Act, 2009[36], Nari O Shisu Nirjaton Daman Protirodh Ain, 2000 (2003)[37], The Special Powers Act, 1974[38]contain death penalty as a punishment. Even the newly enacted Anti Narcotic Act, 2018[39] contains death penalty for producing, smuggling, distributing and using more than 5 grams of ‘yaba’.[40] Instead of rehabilitating a drug abuser, giving capital punishment can mean not giving the person a second chance at life.[41] If we look at the statistics of death penalty given in Bangladesh, according to Odhikar, a total 1741 death sentences were given in the last 10 years, where the most death sentences were given in 2018 which amounts to 319 death sentences.[42] In a world where all of the countries are trying to, or thinking of abolishing death sentence, the increased amount of death penalty gives us something to be alarmed about and increasing death sentences create questions regarding the fairness of these sentences. However, Bangladesh does not execute individuals for crimes committed while under the age of 18[43][44], that death sentences for such individuals are rarely, if at all, meted out by courts and that Bangladesh is considering amending the 1974 Children Act[45] to assure a clear legal exclusion and pregnant women are also excluded from execution and the High Court may commute a woman’s sentence to life imprisonment after term.[46][47]Additionally, the capital punishment is subject to approval of the high court division of the Supreme Court of Bangladesh and the persons given death sentence can petition to the president for clemency[48].

  • By Extra-judicial Killings

Extra judicial killings are done without conforming to the due process of law, without a legal proceeding and delivered without legal authorities by actors working under the state[49], which is the complete violation of fundamental rights as enunciated in the article 31, 32 and 35 of the Constitution of the People’s Republic of Bangladesh and is absolutely illegal. Moreover, in the case of BLAST and others vs. Bangladesh and others[50] The High Court issued a Rule Nisi on 29.06.2009 calling upon the respondents to explain within four weeks why extra-judicial killings in ‘crossfire’ or ‘encounters’ by law enforcement agencies should not be declared illegal and why departmental and criminal proceedings should not be initiated against those responsible for such killings.[51]However, the hearing of this case is still pending. The event of crossfires moreover violates the Convention against Torture and other Cruel, Inhuman, Inhuman or Degrading Treatment or Punishment (CAT),[52] to which Bangladesh is a signatory. The situation in Bangladesh at the moment in regards to extra-judicial killings very alarming.[53] According to Ain-o-Shalish Kendra (ASK) in 2018 alone there were 466 deaths in crossfire and in police custody and in 2017, at least 162 people fell victim to such killings.[54]The recent ‘War on Drugs’ campaign launched by the Sheikh Hasina regime is raising enormous concern as evidence of the several alleged drug dealers being shot to death are surfacing in the reports of the NGOs and other organizations.[55]

  • By Enforced Disappearances

Enforced disappearance is the act of making someone disappear against his or her will, referring to arrest, detention or abduction of a person without due process, followed by a refusal to acknowledge the fate of that person.[56] Enforced disappearances is a violation of the Constitution and regarded as a crime against humanity grossly affecting the fundamental rights of an individual.[57][58]Although not directly a crime under the penal code but under the Torture and Custodial Death (Prohibition) Act, 2013[59] torture is an offence punishable by up to five years’ imprisonment, and death by torture ispunishable by life in prison.In case of Bangladesh the state actors, including military and police, work in co-operation to make people disappear who might be involved in controversial campaigns which goes against the interest of the government. Some of them returned home, some were found dead, supposedly killed in crossfire. Others never came back. According to International Federation of Human Rights there have been at least 500 hundred documented cases of enforced disappearances in the past decade and countless undocumented cases.[60] An increase can be seen leading up to the general elections in 2014 and 2018 which leads to more human rights violations such as, but not limited to, extrajudicial killings, arbitrary detention, and torture.[61]The lack of political will to investigate these cases leads to the acquittal of the perpetrators.

It is pertinent, subject to controversies, the only instance for the state to take away someone’s life is possible under the purview when the constitution gives the right to the state to include death sentence as a punishment. Other instances where state commits arbitrary actions and takes away a person’s life through extra judicial killings and enforced disappearances are gross violation of human rights and regarded as crimes against humanity.

 

  1. Death Penalty and Human Rights

Death penalty or death sentence is regarded as the ultimate cruel, inhuman and degrading punishment in the sense that it denies the basic principles of human rights under widely accepted Human Rights law which is that the states must recognise every individual’s right to life which is enunciated in article 3 of the Universal Declaration of Human Rights (UDHR).[62]The Drafters of the UDHR thought about the abolition of death penalty eventually but it was only after 1991 the international community decided to abolish the death penalty totally by adopting the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR).[63] Moreover, protocol No. 6 to the European Convention on Human Rights,[64] enunciates the abolition of the death penalty, and Protocol No. 13 to the European Convention on Human Rights,[65]pronounces the abolition of the death penalty in all circumstances. Additionally,the Protocol to the American Convention on Human Rights also abolishes the Death Penalty.[66] According to international law the use of the death penalty must be restricted to the most serious crimes, meaning intentional killing. However, most of the human rights defenders believe that the death penalty is never the answer and should be completely abolished[67] as the provisions of death penalty is used by the states in various situations, to push their political narratives in a discriminatory manner which results in deaths of innocents creating adverse effect on the society.

  1. Death Penalty Around the World

The world is taking a stand against death penalty and is starting to abolish it from their punishment framework one by one. According to, the Death Penalty Information Centre more that 70% of the world’s countries have abolished death penalty in law or in practice.[68] Some countries did not outright abolish it but discontinued its use as alternative punishment can be used instead to capital punishment to obtain similar results.The countries who still have not done so are either authoritarian or pre-dominantly religious. As per Amnesty International four countries were responsible for 84% of executions in 2017, which are Saudi Arabia, Iraq, Pakistan and Iran. That doesn’t include China, where the statistics are a state secret.[69] However, Amnesty estimates that China carries out thousands of executions each year.[70]On the other hand, in 2018 no execution was detected in Bangladesh and a number of countries despite sentencing a number of people to death.[71]

 

 

  1. Efficiency of Death Penalty

The existence of death penalty till now is backed up by the states not abolishing capital punishment through various reasons. The most used reason among them is majority public support.[72] The public support is based on the desire to be free from crime and in this instance, it does work as an incentive to the Politian’s which is why it is still prevalent in a lot of countries around the world. However, the information at disposal of the public does not disclose that death penalty actually is a vicious cycle, which does not combat crimes rather perpetuate the cycle of violence.

  • What Death Penalty is Presumed to Achieve

The argument for keeping death penalty is that it is an exemplary punishment and will deter other criminals from committing the same crime and set as an example in the society to stop the would-be criminals deterring them from committing future or further crimes and violations.[73] Moreover, death penalty is given to get retribution on behalf of the victims and their families creating the notion among people that justice is being served. In addition to that it is thought that giving death penalty to criminal is cheaper than isolating them or imprisoning them.[74]Most of the people who advocates on behalf of death penalty thinks that it is fair to treat the criminal the same way they have treated the victims and supports death penalty for harbouring the notion of justice and fairness.

  • What Death Penalty Actually Achieves

What death penalty actually achieves is a very different scenario. First of all, it is cruel and degrading punishment, which is used in most countries disproportionately against poor and racial, ethnical, religious minorities.[75] It is also used arbitrarily and inconsistently making the innocent suffer. There are various examples where after the death sentence has been carried out, the accused was alleged to be not guilty but there is no recourse. For example, Texas man Cameroon Todd wad executed and later further evidence revealed his innocence.[76] Most of these cases are alleged because once executed no further investigations are held to prove their innocence. The second argument which was that death penalty prevents criminal activities is also not true as the countries which have death penalties, have higher crime rates than the countries which do not have capital punishment.[77] On the other hand, since abolishing death penalty countries like Canada has seen a steady drop in murder rates.[78] Thus, death penalties do not actually deter criminals rather carrying out capital punishment in a public setting like Iran creates gross violations of human rights. Additionally, there is no humane way to kill someone, as the countries supporting death penalty propose. All the death penalties which are carried out are violations of right to life and basic human rights, as the chance of rehabilitation and the chance at life is taken away from a person, making it the most inhumane act in existence. In the perspective of Bangladesh although the execution rates of the criminals in death rows are decreasing day by day,[79] the fact that they were confined in a cell waiting for their sentence to be carried out is cruel in itself creating psychological pressure on them. Moreover, according to the Death Penalty Information Centre, the overall legal costs of death penalty is much higher than keeping a person in prison.[80] Therefore, the fact that death penalty is inexpensive is a myth. Therefore, it is safe to state that death penalty is not at all necessary to deter future criminals not is it efficient in its purpose of attaining just rather it is a menace which needs to be prevented.

  1. Recommendations and Conclusion

It is comprehensible that, death penalty is the utmost violation of basic human rights, it is irreversible, cruel and does not give the opportunity to the offender to reform himself. If imposed discriminatorily, inconsistently and arbitrarily, execution death penalty can create havoc in a society, resulting in obstruction of justice. Given all the issues and violations, the following recommendations can be made in the perspective of Bangladesh:

  • Revisioning the punishments for Special Powers Act, 1974 and amending the punishments of death penalty for offences.
  • Revisioning the punishments for Narcotics Control Act, 2018 and reducing the punishment for carrying more than five grams of methamphetamine.
  • Amending the laws which do not have any alternative punishment rather that death sentence.
  • Ensuring accountability in cases of trials of heinous, cruel, degrading crimes.
  • Creating reasonable restrictions in regards to giving death sentence by the judges.
  • Creating more rehabilitation opportunities and ensuring vocational training for prisoners.
  • Ratifying international protocols such as ICCPR, Protocol II and adopting conventions without reservations.
  • Making sure that the waiting period of the offender is reduced for appealing against death sentence.
  • Ratifying International Convention for the Protection of all Persons from Enforced Disappearance and creating a commensurate domestic legal regime.
  • Creating a determined political will not to use death sentence arbitrarily.
  • Creating awareness and general consensus that death penalty does not create deterrence and does not give closure to the victim’s family.
  • Filing Public Interest Litigation cases in regards to unnecessary capital punishments to urge the High Court Division to employ guidelines regarding this matter.

As Mahatma Gandhi stated, “An eye for an eye makes the whole world blind”, violence answered with violence will only create havoc and will confiscate us further from peace. Every man deserves a chance at life no matter the weight of crime committed and as Judge Cancado Trinidade stated, ‘The execution of death penalty is a violation of human rights. One cannot simply overlook the widespread reaction to the cruelty of death penalty.”[81]Therefore, he still shall be treated as a human being and given the similar chance of reformation. Hence, death penalty should be abolished and the state should not have the right to take away any person’s life no matter the context.

 

 

  1. Bibliography
    • Books and Journals
  2. Fish M. J., An Eye for an Eye: Proportionality as a Moral Principle of Punishment, Oxford Journal of Legal Study (2008)
  3. Johnson D. T., A Factful Perspective on Capital Punishment, Journal of Human Rights Practice (2019)
  • Shethuraju R., Sole J., Oliver B. E., Understanding Death Penalty Support and Opposition Among Criminal Justice and Law Enforcement Students, Journal of Contemporary Criminal Justice
    • National Legislations
  1. The Constitution of Peoples’ Republic of Bangladesh
  2. Penal Code, 1860
  • Oppression of Women and Children (Special) Act, 1996
  1. Women and Children Repression Prevention Act, 2000
  2. The Anti-terrorism Act, 2009
  3. The Special Powers Act, 1974
  • Anti Narcotic Act, 2018
  • Children Act, 1974
  1. Code of Criminal Procedure, 1898
  2. Torture and Custodial Death (Prohibition) Act, 2013

 

 

  • International Instruments
  1. Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III)
  2. United Nations, Charter of the United Nations, (adopted 24 October 1945, 1 UNTS XVI)
  • International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171)
  1. United Nations Convention on the Rights of the Child (adopted 20 November 1989 UNGA Res 44/25
  2. Convention against Torture and Other Cruel, Inhuman or Degrading. Treatment or Punishment (adopted 10 December 1984, entered into force 26 June 1987) 1465 UNTS 85
  3. Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms [1950] OJ ETS 5
  • Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms [1950] OJ ETS 5
  • Organisation of American States (OAS), American Convention on Human Rights “Pact of San Jose, Costa Rica” (B-32), 22 January 1969
    • Cases
  1. BLAST and another vs. Bangladesh and others, writ petition No. 8283 of 2005
  2. BLAST and others vs. Bangladesh and others, writ petition No. 4152 of 2009
  • Jadhav (India v. Pakistan) (Separate Opinion) [2019] ICJ Rep 168

 

 

 

  • Reports and Others
  1. ‘Article 2: Right to life’ <https://www.equalityhumanrights.com/en/human-rights-act/article-2-right-life> accessed 25 October 2019
  2. ‘Death Penalty Bangladesh Perspective’ <https://www.lawyersnjurists.com/article/death-penalty-in-bangladesh-perspective/> accessed 25 October 2019
  • ‘Extrajudicial Killings Soared in 2018, Bangladesh NGO Reports’ (Benar News, 11 January 2019) <https://www.benarnews.org/english/news/bengali/deaths-report-01112019170847.html> accessed 27 October 2019
  1. Paul R., ‘Bangladesh sets death penalty for drug offences in draft law’ (Reuters, 8 October 2018) <https://www.reuters.com/article/us-bangladesh-drugs/bangladesh-sets-death-penalty-for-drug-offences-in-draft-law-idUSKCN1MI1DT>accessed 23 October 2019
  2. ‘Revised narcotics control law gets tough with drug traders’ (Dhaka Tribune, 21 December 2018) <https://www.dhakatribune.com/bangladesh/2018/12/21/revised-narcotics-control-law-gets-tough-with-drug-traders> accessed 24 October 2019
  3. ‘Statistics of Death Penalty’ (Odhikar) <http://odhikar.org/wp-content/uploads/2019/03/Death-Penalty-2010-2018.pdf> accessed 27 October 2019
  • ‘Capital punishment is a legal process of approval of the honourable High Court division of the Supreme Court of Bangladesh’ (Lawyers and Jurists) <https://www.lawyersnjurists.com/article/capital-punishment-is-a-legal-process-of-approval-of-the-honorable-high-court-division-of-the-supreme-court-of-bangladesh/> accessed 27 October 2019
  • Rahman A., ‘Report on law enforcement: Around 46 people killed per month in 2018’ (Dhaka Tribune, 12 October 2018) <https://www.dhakatribune.com/bangladesh/2018/10/12/report-on-law-enforcement-around-46-people-killed-per-month-in-2018> accessed 26 October 2019
  1. Mahmud F., ‘Bangladesh: Extrajudicial killing fears in drug crackdown’ (Al Jazeera, 22 May 2018) <https://www.aljazeera.com/news/2018/05/bangladesh-extrajudicial-killing-fears-drug-crackdown-180522162713973.html> accessed 27 October 2019
  2. ‘Enforced Disappearances’ <https://trialinternational.org/topics-post/enforced-disappearance/> accessed 27 October 2019
  3. ‘Vanished Without a Trace: The enforced disappearance of opposition and dissent in Bangladesh’ (International Federation of Human Rights, April 2019) <https://www.fidh.org/IMG/pdf/bangladesh735a_web.pdf> accessed 27 October 2019
  • Ganguly M., ‘Enforced Disappearances Met with Denials from Bangladesh’ (Human Rights Watch, 22 August 2019) <https://www.hrw.org/news/2019/08/22/enforced-disappearances-met-denials-bangladesh> accessed 27 October 2019
  • Warrant V., ‘The Death Penalty Is a Human Rights Abuse’ (HuffPost, 25 May 2011) <https://www.huffpost.com/entry/the-death-penalty-is-a-hu_b_757004> accessed 27 October 2019
  • ‘History of Death Penalty’ <https://deathpenaltyinfo.org/facts-and-research/history-of-the-death-penalty> 27 accessed October 2019
  1. ‘Death Penalty’ <https://www.amnesty.org/en/what-we-do/death-penalty/> accessed 27 October 2019
  • ‘The Death Penalty’ <https://www.amnesty.org/en/what-we-do/death-penalty/death-penalty-your-questions-answered/> accessed 27 October 2019
  • ‘Death Penalty Database’ <http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Bangladesh#f29-3> accessed 27 October 2019
  • ‘Pros & Cons of the Death Penalty’ <https://www.thoughtco.com/pros-and-cons-death-penalty-3325230>accessed 27 October 2019
  • Paul Goodman, ‘The Pros and Cons of the Death Penalty’ (Soapboxie, 9 February 2019) <https://soapboxie.com/government/Death-Penalty-Pros-and-Cons>accessed 27 October 2019
  1. ‘The Death Penalty is a Human Rights Violation’ (Center for Constitutional Rights) <https://ccrjustice.org/sites/default/files/assets/files/CCR%20Death%20Penalty%20Factsheet.pdf> accessed 27 October 2019
  • ‘Five Reasons to Abolish Death Penalty’ < https://www.amnesty.org.au/5-reasons-abolish-death-penalty/>accessed 27 October 2019
  • ‘Fact check: No proof the death penalty prevents crime’ (ABC News, 4 May 2015) <https://www.abc.net.au/news/2015-02-26/fact-check3a-does-the-death-penalty-deter3f/6116030> accessed 27 October 2019
  • ‘Canada marks forty years without the death penalty’

(Amnesty International, July 14 2016) <https://www.amnesty.ca/news/canada-marks-forty-years-without-death-penalty>accessed 27 October 2019

[1] M. J. Fish (2008) . An Eye for an Eye: Proportionality as a Moral Principle of Punishment . (28) 57-71.

 

[2]The Constitution of the People‌‌‍’s Republic of Bangladesh (ACT NO. OF 1972 ) , art.31.

 

[3] The Constitution of the People’s Republic of Bangladesh (ACT NO. OF 1972 ) , art.32.

 

[4] Universal Declaration of Human Rights (10 December 1948 UNGA Res 217 A(III) (UDHR), art.3.

 

[5] The Constitution of Peoples’ Republic of Bangladesh.

 

[6] (ibid.p.1)

 

[7]  Penal Code, 1860.

 

[8] The Constitution of Peoples’ Republic of Bangladesh.

 

[9] United Nations, Charter of the United Nations, (adopted 24 October 1945, 1 UNTS XVI).

 

[10] The Constitution of Peoples’ Republic of Bangladesh.

 

[11] BLAST and another vs. Bangladesh and others, writ petition filed by BLAST, 8283 of 2005, (H.C.D).

 

[12] Oppression of Women and Children (Special) Act, 1996.

 

[13] (ibid.p.1)

 

[14] Women and Children Repression Prevention Act, 2000.

 

[15] Universal Declaration of Human Rights (10 December 1948 UNGA Res 217 A(III) (UDHR).

 

[16] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

 

[17] United Nations Convention on the Rights of the Child  (20 November 1989 UNGA Res 44/25) (UNCRC).

 

[18] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR).

 

[19] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

 

[20] Human Rights Act 1998, (s.2).

 

[21] Article 2: Right to life | Equality and Human Rights Commission

 

[22] Death Penalty Bangladesh Perspective- Lawyers & Jurists [Online] <https://www.lawyersnjurists.com/article/death-penalty-in-bangladesh-perspective/> accessed 25 October 2019.

 

[23] The Constitution of Peoples’ Republic of Bangladesh, art.31.

 

[24] The Constitution of Peoples’ Republic of Bangladesh, art.32.

 

[25] Extrajudicial Killings Soared in 2018 – Bangladesh NGO Reports (Benar News, 11 January 2019) <https://www.benarnews.org/english/news/bengali/deaths-report-01112019170847.html> accessed 27 October 2019.

 

[26] The Constitution of Peoples’ Republic of Bangladesh.

 

[27] BLAST and another vs. Bangladesh and others, writ petition filed by BLAST, 8283 of 2005, (H.C.D).

 

[28] The Penal Code, 2860 s 121.

 

[29] ibid s 132.

 

[30] ibid s 194.

 

[31] ibid s 302.

 

[32] ibid s 305.

 

[33] ibid s 307.

 

[34] ibid s 396.

 

[35] ibid s 364A.

 

[36]The Anti-terrorism Act, 2009.

 

[37] Women and Children Repression Prevention Act, 2000.

 

[38] The Special Powers Act, 1974.

[39] Anti-Narcotic Act, 2018 s 36(1).

 

[40] Ruma Paul-‘Bangladesh sets death penalty for drug offences in draft law’ (8 October 2018) <https://www.reuters.com/article/us-bangladesh-drugs/bangladesh-sets-death-penalty-for-drug-offences-in-draft-law-idUSKCN1MI1DT> accessed 23 November 2019.

 

[41] ‘Revised narcotics control law gets tough with drug traders’ (Dhaka Tribune, 21 December 2018) <https://www.dhakatribune.com/bangladesh/2018/12/21/revised-narcotics-control-law-gets-tough-with-drug-traders> accessed 24 November 2019.

 

[42] ‘Statistics of Death Penalty’ (Odhikar) <http://odhikar.org/wp-content/uploads/2019/03/Death-Penalty-2010-2018.pdf> accessed 23 October 2019.

 

[43] Children Act, 1974, s 2(f).

 

[44] Children Act, 1974, s 51.

 

[45] Children Act, 1974.

 

[46] Code of Criminal Procedure, 1898, s 382.

 

[47] Penal Code, 1860, Act No. XLV of 1860, s 53A (1).

 

[48] ‘Capital punishment is a legal process of approval of the honourable High Court division of the Supreme Court of Bangladesh’ (Lawyers and Jurists) <https://www.lawyersnjurists.com/article/capital-punishment-is-a-legal-process-of-approval-of-the-honorable-high-court-division-of-the-supreme-court-of-bangladesh/> accessed 24 October 2019.

 

[49] ‘Extrajudicial Killings Soared in 2018, Bangladesh NGO Reports’ (Benar News, 11 January 2019) <https://www.benarnews.org/english/news/bengali/deaths-report-01112019170847.html> accessed 27 October 2019.

 

[50] BLAST and others vs. Bangladesh and others, writ petition filed by BLAST, 4152/2009, (H.C.D).

 

[51] ibid.

 

[52] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 10 December 1984, entered into force 26 June 1987) 1465 UNTS 85 (CAT).

 

[53]Alifur Rahman, ‘Report on law enforcement: Around 46 people killed per month in 2018’ (Dhaka Tribune, 12 October 2018) <https://www.dhakatribune.com/bangladesh/2018/10/12/report-on-law-enforcement-around-46-people-killed-per-month-in-2018> accessed 26 October 2019.

 

[54] ibid.

 

[55] Faisal Mahmud, ‘Bangladesh: Extrajudicial killing fears in drug crackdown’ (Al Jazeera, 22 May 2018) <https://www.aljazeera.com/news/2018/05/bangladesh-extrajudicial-killing-fears-drug-crackdown-180522162713973.html> accessed 27 October 2019.

 

[56] ‘Enforced Disappearances’ <https://trialinternational.org/topics-post/enforced-disappearance/> accessed 27 October 2019.

 

[57] The Constitution of Peoples’ Republic of Bangladesh, art. 31.

 

[58] The Constitution of Peoples’ Republic of Bangladesh, art. 32.

 

[59] Torture and Custodial Death (Prohibition) Act, 2013.

 

[60] ‘Vanished Without a Trace: The enforced disappearance of opposition and dissent in Bangladesh’ (International Federation of Human Rights, April 2019) <https://www.fidh.org/IMG/pdf/bangladesh735a_web.pdf> accessed 27 October 2019.

 

[61] Meenakshi Ganguly- ‘Enforced Disappearances Met with Denials from Bangladesh’ (Human Rights Watch, 22 August 2019) < https://www.hrw.org/news/2019/08/22/enforced-disappearances-met-denials-bangladesh> accessed 27 October 2019.

 

[62] Universal Declaration of Human Rights (adopted 10 December 1948 UNGA Res 217 A(III) (UDHR).

 

[63] International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR).

 

[64] Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms [1950] OJ ETS 5.

 

[65] Protocol No. 13 to the European Convention for the Protection of Human Rights and Fundamental Freedoms [1950] OJ ETS 5.

 

[66] Organization of American States (OAS), American Convention on Human Rights “Pact of San Jose, Costa Rica” (B-32), 22 January 1969.

 

[67] Vincent Warrant, ‘The Death Penalty Is a Human Rights Abuse’ (HuffPost, 25 May 2011) <https://www.huffpost.com/entry/the-death-penalty-is-a-hu_b_757004> accessed 27 October 2019.

 

[68] ‘History of Death Penalty’ <https://deathpenaltyinfo.org/facts-and-research/history-of-the-death-penalty> accessed 27 October 2019.

 

[69] ‘Death Penalty’ <https://www.amnesty.org/en/what-we-do/death-penalty/> accessed 27 October 2019.

 

[70] ‘The Death Penalty’ <https://www.amnesty.org/en/what-we-do/death-penalty/death-penalty-your-questions-answered/> accessed 27 October 2019.

 

[71] ‘Death Penalty Database’ < http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=Bangladesh#f29-3> accessed 27 October 2019.

 

[72] ‘Pros & Cons of the Death Penalty’ <https://www.thoughtco.com/pros-and-cons-death-penalty-3325230> accessed 27 October 2019.

 

[73] Paul Goodman, ‘The Pros and Cons of the Death Penalty’ (Soapboxie, 9 February 2019) <https://soapboxie.com/government/Death-Penalty-Pros-and-Cons> accessed 27 October 2019.

 

[74]ibid.

 

[75] ‘The Death Penalty is a Human Rights Violation’ (Center for Constitutional Rights) <https://ccrjustice.org/sites/default/files/assets/files/CCR%20Death%20Penalty%20Factsheet.pdf> accessed 27 October 2019.

 

[76]‘Five Reasons to Abolish Death Penalty’ < https://www.amnesty.org.au/5-reasons-abolish-death-penalty/> accessed 27 October 2019.

 

[77]‘Fact check: No proof the death penalty prevents crime’ (ABC News, 4 May 2015) <https://www.abc.net.au/news/2015-02-26/fact-check3a-does-the-death-penalty-deter3f/6116030> accessed 27 October 2019.

 

[78]‘Canada marks forty years without the death penalty’ (Amnesty International, July 14 2016) <https://www.amnesty.ca/news/canada-marks-forty-years-without-death-penalty> accessed 27 October 2019.

 

[79]‘Statistics of Death Penalty’-(Odhikar) <http://odhikar.org/wp-content/uploads/2019/03/Death-Penalty-2010-2018.pdf> accessed 23 October 2019.

 

[80]‘History of Death Penalty’ <https://deathpenaltyinfo.org/facts-and-research/history-of-the-death-penalty> accessed 27 October 2019.

[81]Jadhav (India v. Pakistan) (Separate Opinion) [2019] ICJ Rep 168.