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.
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH