Sunday, March 30, 2014

Bangladesh: The legal provision of seeking judicial remedy.


       The legal provision of seeking judicial remedy through habeas corpus writs is a meaningless exercise in Bangladesh. The country's judiciary is a façade, it facilitates the executive authority's systematic practice of denying fundamental right. Whenever a writ petition is filed with the High Court Division regarding the allegation of disappearance, the country's Attorney General's Office acts like a postman on behalf of the law-enforcement agencies and paramilitary forces in Court. The normal process appear surprisingly simple: the Court will consider the writ, in whole or in part, sometimes all at once or on several occasion and the state attorneys will submit a denial of the allegations based on claims from the defendant agencies. Rather than look at the facts, the court will generally accept the government's excuses outright, though in the best cases they issue a "Rule" against the respondent which requires a timely response. This "Rule" is often delayed in its delivery so as to provide ample time to the perpetrators to intimidate and harass the petitioners or their supporters and should the respondents receive and reply to the "Rule" they merely restate their denials, though most do not respond at all, relying instead upon the functional immunity the courts provide such agencies.

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