C O N STI T U TI O NA L L AW AND AC C ES S TO J USTIC E
Constitution of the People’s Republic of
Bangladesh, 1972
S UMMARY
Provides fundamental rights and entitlements, some of which are applicable to all persons in Bangladesh,
including non-citizens.
AP PL ICAB IL IT Y TO RO H I NGYA
The rights and entitlements enshrined in Articles 31, 32, 33, 34, 35, 41, and 44 are applicable to all persons in
Bangladesh; therefore Rohingya in Bangladesh are covered by these Articles of the Constitution.
P ROTECTIO N NOT ES
Rohingya in Bangladesh are guaranteed:
• right to protection of the law (Art. 31);
• right to life and personal liberty (Art. 32);11
• right to safeguards during arrest and detention (Art. 33);
• right not to be subjected to forced labour (Art. 34);
• right to protection in respect of trial and punishment (Art. 35);
• right to freedom of religion subject to law, public order, and morality (Art. 41);
• right to move the High Court Division in accordance with Art. 102 to enforce fundamental rights (Art. 44).
Of particular note are the rights and protections contained within Articles 33 and 35, pertaining to those
arrested, detained, and/or accused of committing crimes. These include:
• right to counsel;
• right to be informed of charges;
• right to be brought before a Magistrate within 24 hours;
• protection from ex post facto laws;
• principle of no punishment without law;
• prohibition of double jeopardy;
• right to fair, public, speedy trial;
• prohibition of torture and cruel treatment;
• protection from self-incrimination.
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH