Enforcement of International Human Rights Law in the Domestic Courts with Special Reference to the United Nations Convention against Torture: The case of Bangladesh.

Abstract

This study seeks to find out the present practice of the Bangladesh regarding international human rights laws. The approach of the judicial organs of the country for international human rights norm and standard has been realized by the research. Because it is the purpose of the study to show the gap between the international and national standard of the human rights norms by discussing the situation of Bangladesh. To reach near the international standard the journey of a legal system need to go through huge review and discussion work. Comparative and fact finding study like this work has tried to make clear the legal situation and provided suggestion of the problem. The entire research work will try to meet the objectives of the study by considering the international legal instruments. To highlight the issues the whole research work has been divided into SEVEN chapters and each of the chapters contains the details of the subject discussed thereunder. The Frist Chapter is the introductory chapter which discussed the introductory matters to the study. The present literature survey has done here. The methodology, background, scope and limitation of the study are here. The objectives and justification is the chapter. The Second Chapter provides the definition of the torture with the references to the international legal instruments. There are interpretations of the articles of the convention in accordance with the international human rights standard is here. The regional and international monitoring mechanism to prevent torture and discussion about the various bodies who work for prevention of torture is in this chapter. The Third Chapter shows the legislative history of the UNCAT with the history of state practice of torture. The existing regional and international instrument to combat torture and the short history of the legislation of the torture related laws are here. The fourth Chapter discussed the present situation of the Bangladesh regarding torture by the law enforcement agencies. By referring the daily newspaper news and articles and with the reference of the national and international NGOs the chapter tried to provide the state of act regarding torture in Bangladesh. The Fifth Chapter focuses on the present legal stands and judicial practice of Bangladesh regarding international human rights instruments. The observations of the higher judiciary to the international law, to the custodial torture and violence are discussed here. The duties of the judges and the prosecutors to prevent and combat torture are discussed here. The Sixth Chapter tried to find out in a very short extend by interviewing the accused persons, police officials, prosecutors and judges, the field and direct knowledge about state of torture practiced in Bangladesh. The Seventh Chapter draws the general conclusion of the entire research work and provides some recommendation to combat torture for the every organs of the countries system. The suggestions made here is the essence of the legal provisions of the national legislature and landmark decisions of the apex court of the land. Every chapter tries to keep focus on the topic got for research and tried to provide guidelines to combat against torture. Peace and human rights are linked. This pursuit and preservation of peace and the security of humankind, the first stated purpose of the United Nations, necessitate the protection and implementation of human rights, without which human rights cannot be effectively achieved.