CR I MI N A L L AW A N D FAIR T RIAL RIGHTS Probation of Offenders Ordinance, 1960 and Rules, 1971 S UMMARY Provides for alternative sentencing and the discretionary availability of conditional discharge (for first time offenders who would receive a punishment of less than two years in prison) or probation (as opposed to custodial detention). A PPL ICAB IL IT Y TO RO H I NGYA This Ordinance applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya charged with criminal offences in Bangladesh are covered by this Ordinance. PROTECTIO N NOT ES The protections provided under this law should be applied to Rohingya who are first-time offenders for minor crimes (punishable by less than two years’ imprisonment). Many Rohingya may be given a probation order by the Court rather than a sentence of imprisonment, or may be provided an order of discharge. Lawyers would need to make such applications. Special Powers Act, 1974 S UMMARY Provides for preventive detention of individuals with a view to preventing them from doing any “prejudicial act” against the State. The term “prejudicial act” is defined broadly, encompassing a number of offences regarding, inter alia, public safety, national security, and Bangladesh’s “friendly relations with foreign States.” A PPL ICAB IL IT Y TO RO H I NGYA This Act applies equally to citizens and non-citizens, with the exception of the provision to issue removal orders, which is solely applicable to non-citizens. Therefore, Rohingya accused of committing or suspected of planning to commit the following crimes are covered by this Act: • “prejudicial acts” against the State; • sabotage; • managing, promoting, or assisting the operation of a suspended association; • forming, being a member, or taking part in the activities of an association which pursues a political purpose in the name of or on the basis of any religion; • trespassing in protected areas; • violating an official curfew; • hoarding or dealing in the black-market; • counterfeiting currency-notes and government stamps; • adulteration or sale of adulterated food, drink, drugs, or cosmetics. 38 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH

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