Arrest and violation of human rights : a study under the constitution of Bangladesh

Abstract

Right to liberty is a basic right of every individual. The State is under an obligation to ensure it. Article 32 of the Constitution of Bangladesh ensures the right to personal liberty. Besides, Article 33(1) has always been considered as essential and fundamental for protecting the right to personal liberty while upholding the rule of law. According to Article 33(1), the arrested person should not be detained in custody without being informed, as soon as possible, of the grounds of arrest and he should not be denied the right to consult and be defended by a legal practitioner of his choice. The arrested person should be produced before the nearest Magistrate within the 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. In spite of this constitutional protection, the incidence of arbitrary arrest by the police frequently takes place. The paper shall in detail examine the constitutional provision regarding arrest and analyse the powers of the police relating to arrest. Then the paper will put forward some recommendations to protect the human rights of the arrested person.