Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Bangladesh

Bangladesh - Code of Criminal Procedure 1898

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART I - PRELIMINARY

CHAPTER V - OF ARREST, ESCAPE AND RETAKING

A.—Arrest generally

60. A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police-station.

An Act to consolidate and amend the law relating to the Criminal Procedure.

PART I - PRELIMINARY

CHAPTER V - OF ARREST, ESCAPE AND RETAKING

A.—Arrest generally

61. No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

Bangladesh - Constitution 1972 (2014)

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
31. Right to protection of law
To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law .

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
32. Protection of right to life and personal liberty
No person shall be deprived of life or personal liberty save in accordance with law .

PART II: FUNDAMENTAL PRINCIPLES OF STATE POLICY
33. Safeguards as to arrest and detention
No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice .Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Nothing in clauses (1) and (2) shall apply to any person-
who for the time being is an enemy alien; or
who is arrested or detained under any law providing for preventive detention.

No law providing for preventive detention shall authorise the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order:

PART IXA: EMERGENCY PROVISIONS
141C. Suspension of enforcement of fundamental right during emergencies
While a Proclamation of Emergency is in operation, the President may89, on the written advice of the Prime Minister, by order, declare that the right to move any court for the enforcement of such of the rights conferred by Part III of this Constitution as may be specified in the order, and all proceedings pending in any court for the enforcement of the right so specified, shall remain suspended for the period during which the Proclamation is in force or for such shorter period as may be specified in the order.

An order made under this article may extend to the whole of Bangladesh or any part thereof.

Every order made under this article shall, as soon as may be, be laid before Parliament.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.