CR I MI N A L L AW A N D FAIR T RIAL RIGHTS PROTECTIO N NOT ES Punishments for the offences defined in this Act range from a maximum of five years’ imprisonment and fine of 200,000 taka to a maximum of ten years’ imprisonment and fine of 500,000 taka for offences involving children. If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal Aid Services Act and be afforded legal and constitutional guarantees of presumption of innocence, prompt notification of charges, and the right to appeal as per Articles 33, 35, and 44 of the Constitution, and in accordance with the provisions of the CrPC. In accordance with Section 12, Rohingya convicted of an offence under this Act should be entitled to appeal their conviction to the appropriate court within 30 days of receipt of the relevant judgment or order. It should be noted that, while Section 4 of this Act states that “pornography may not be produced, stored, marketed, carried, supplied, purchased, sold, retained or displayed,” the mere possession or viewing of pornographic material is not explicitly made a punishable criminal offence by this Act. The Act defines pornographic materials in an expansive manner, including “any obscene dialogues, performances, gestures, nude or half-naked dances that cause sexual arousal that are captured and displayed in movies, video images, audio-visual images, still images, graphics or any other means and which have no artistic or educational value; pornographic books, periodicals, sculptures, statues, cartoons or leaflets that cause sexual arousal” (Section 2.c). Narcotics Control Act, 2018 (as amended up to 2020) S UMMARY Provides that certain acts related to the production, supply, and smuggling of narcotics are punishable offences. Also provides for the treatment and rehabilitation of “drug addicts.” A PPL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya charged with the following offences in Bangladesh are covered by this Act: production of narcotics except alcohol, encompassing cultivation, production, processing, carrying, transportation, import, export, supply, purchase, sale, possession, preservation, warehousing, exhibition or use. PROTECTIO N NOT ES If charged under this Act, Rohingya who are eligible should be provided legal assistance under the Legal Aid Services Act and be afforded legal and constitutional guarantees of presumption of innocence, prompt notification of charges, and the right to appeal as per Articles 31, 32, 33, 35, and 44 of the Constitution, and in accordance with the provisions of the CrPC. Additionally, the provisions of the Children’s Act are to apply where a child is accused of an offence under this Act (Section 52). All searches and seizures conducted by police in the investigation of narcotics offences are subject to the provisions of the CrPC (Section 21), and illegal or harassing searches, seizure, or arrests by police are punishable by a maximum of one year’s imprisonment and/or fine (Section 39). Section 44 states that offences under this Act are to be tried by a court of competent jurisdiction, according to the severity of the offence. Although Section 57 states that Mobile Courts may try offences committed under this Act, the High Court Division has challenged the legality of this provision of the law.42 Bail may be granted by the court/tribunal where the State has been given an opportunity to hear the accused’s application for release and the tribunal does not believe that the trial will result in a conviction, as well as in the case of women, children, or physically ill defendants where the tribunal is satisfied that their release on bail will not impair 42 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH