SOUTH ASIA - House Foreign Affairs Committee Democrats

2183ment of the split verdict in the Sheikh Mujibur Rahman murder case (see Sections1.a. and 1.e.). BCL activists had taken to the streets, smashing and burning hundredsof vehicles, and one auto-rickshaw driver was shot and killed. No PSA chargeswere filed against BCL leader Humayetuddin, whose photo appeared in numerousnewspapers, wielding a gun during the incident (see Sections 1.a. and 2.a.), noragainst others identified as participants in this violence.There is a system of bail for criminal offenses. Bail is granted commonly for bothviolent and nonviolent crimes. However, some provisions of the law preclude thegranting of bail. The Women and Children Repression Prevention Act provides specialprocedures for persons accused of violence against women and children. Personsarrested under this act cannot be granted bail during an initial investigation periodof up to 90 days. Some human rights groups express concern that a large numberof allegations made under the act are false, since the non-bailable period of detentionis an effective tool for exacting personal vengeance. According to governmentfigures, 7,565 persons were detained under this act during the year. At year’s end,there were 2,139 persons detained under this law. A total of 201 persons were convictedunder this law during the year. In January Parliament passed The Womenand Children Repression Prevention Act, which amended and superseded the oldlaw of the same name. The new law calls for harsher penalties, provides for compensationto victims, and requires action against investigating officers for negligenceor willful failure in duty (see Section 5). In a radio interview on July 26, the PrimeMinister called the courts ‘‘safe havens’’ for criminals, and criticized the courts forbeing too liberal in granting bail, even to known criminals. The Prime Minister’sremarks led to protests from lawyers and the filing of three contempt of court petitionsagainst her. If bail is not granted, the law does not specify a time limit onpretrial detention.Prisons often are used to provide ‘‘safe custody’’ for women who are victims ofrapes or domestic violence (see Sections 1.c. and 5). One study conducted by theBangladesh National Woman Lawyers Association (BNWLA) found that nearly halfof the women in Dhaka’s Central Jail were crime victims being held in safe custody,not criminals (see Sections 1.c. and 5). While women initially may consent to thisarrangement, it often is difficult for them later to obtain their release, or to gainaccess to family or lawyers. While there have been reports in prior years of policeraping women in safe custody, there were no reports that this occurred during theyear (see Section 1.c.).A major problem with the court system is the overwhelming backlog of cases,which produces long pretrial delays. The Chief Justice of the Supreme Court on May19 told a gathering organized by the Law Ministry that about 1 million cases werepending in criminal, civil, and appellate courts. More than 47,000 persons, or about75 percent of the country’s prison population, were awaiting trial or under trial. Accordingto research by one human rights organization, most prison inmates neverhave been convicted and are awaiting trial. The Government explains that manyconvicted persons who are appealing their cases sometimes mistakenly are countedas ‘‘pretrial detainees.’’ Government sources report that the period between detentionand trial averages 6 months, but press and human rights groups report instancesof pretrial detention lasting several years. One human rights organizationasserted that the average time in detention before either conviction or acquittal isin the range of 4 to 7 years. Reportedly some prisoners awaiting trail have beenin prison longer than the maximum sentence they would receive if convicted. In onecase reported by a human rights group, a suspended bank officer in Chittagong wasarrrested in 1985 on corruption charges. Bail was granted in 41 of the 45 cases filedagainst him. The bail petitions in the remaining four cases have yet to be heard,and trials on the merits of any of the charges have not begun. If convicted of thecharges against him, his maximum sentence would be no more than 10 years, yethe already has served 15 years in pretrial detention. In another case, the BNP governmentin 1993 arrested a 10-year-old boy in connection with an Awami Leaguedemonstration. He remained in jail without a hearing until this year, when a prominentDhaka attorney took up his case and won his release on bail. Trials often arecharacterized by lengthy adjournments, which considerably prolong the incarcerationof accused persons who do not receive bail.Citizens who are not political opponents sometimes also are detained arbitrarily.Newspapers and human rights activists report numerous cases in which a personis arrested in order to force family members to pay for his or her release. In a 1999judgment criticizing the police for abuse of detention powers, the High Court commentedthat the police had become a law breaking agency. Most persons detainedunder the SPA ultimately are released without charges being brought to trial (seeSections 1.f. and 2.a.).VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00027 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.035 HINTREL1 PsN: HINTREL1