CR I MI N A L L AW A N D FAIR T RIAL RIGHTS AP PL ICAB IL IT Y TO RO H I NGYA These regulations apply to the Bangladesh Police, and therefore also apply to interactions between the Bangladesh Police and Rohingya in Bangladesh. P ROTECTIO N N OT ES Police officers are obliged to “show forbearance, civility and courtesy towards all classes” in their interactions with the public (Section 33), and “rudeness, harshness and brutality” are prohibited. These rules of conduct apply to police officers in their interactions with Rohingya individuals. The Regulations further define procedures police officers should follow regarding complaints made by victims of or witnesses to offences, and these regulations must also be followed when a Rohingya individual wishes to file a complaint. Police officers are required to record a First Information Report (FIR) for any cognizable crime (i.e., police can arrest without a warrant) mentioned in Sec. 154 of the CrPC where information is provided either orally or in writing (Section 243). Further, police officers should not delay issuing an FIR until they have tested the veracity of the complaint (e.g., waiting until the results of a medical exam have been provided to record an FIR regarding rape). Section 244 states unequivocally: “A first information report shall be recorded in respect of every cognizable complaint referred before the police, whether prima facie, false or true, whether serious or petty, whether relative to an offence punishable under the [Bangladesh] Penal Code or any special or local law.” The mere fact that a cognizable crime occurred outside of the jurisdiction of the police office where a complaint is lodged does not relieve the police officer from responsibility to take action; rather, the police officer should inform the police office in the relevant jurisdiction (Section 248).33 Section 260 instructs police officers conducting investigations to avoid harassment of the public, and to limit their interrogation only to necessary parties, who should generally be questioned separately and “in a manner that will not be distasteful to them.” Further, police officers have no legal power to summon any accused individual to appear before them, other than by arrest. Therefore, any Rohingya made to appear before the police in such a way that their freedom is restricted must be considered to be under arrest, and subject to all rights thereby guaranteed, such as being brought before a Magistrate within 24 hours (Section 316.b). Torture and Custodial Death (Prevention) Act, 2013 S UMMARY Prohibits the use of torture by law enforcement agencies to extract confessions, provides remedies in cases of torture and custodial death, including compensation, and requires measures for prevention, to implement Articles 2 and 4 of the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment, to which Bangladesh is a signatory. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to all public officers, law enforcement agencies, and armed forces in Bangladesh. Therefore, it applies to these agencies’ and individuals’ interactions with Rohingya in Bangladesh. P ROTECTIO N N OT ES Under Section 2.6 of this Act, “torture” is defined as any act or omission which causes pain, whether physical or mental, to any person: • for the purposes of obtaining information or a confession from a person or some other person; • punishing any person for any act or omission for which that person or some other person is responsible or is suspected of being responsible; 35 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH