CR I MI N A L L AW A N D FAIR T RIAL RIGHTS Penal Code, 1860 S UMMARY Provides definitions for a number of criminal offences and their respective penalties. AP PL ICAB IL IT Y TO RO H I NGYA This Code applies to the whole of Bangladesh without reference to citizenship, and exterritorialy. Therefore, Rohingya in Bangladesh charged with criminal offences are covered by this Code. P ROTECTIO N N OT ES A criminal case should not be started against a Rohingya person where the action, which would otherwise be considered an offence, was committed in the course of self-defence from certain crimes or under other general exceptions such as resulting from accidents. Under no circumstances should Rohingya children under the age of nine be charged with an offence under the Penal Code (Section 82).26 No Rohingya child age nine27 or above and under 12 years of age should be charged with an offence if the child lacks “sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion” (Section 83). Code of Criminal Procedure (CrPC), 1898 S UMMARY Provides the procedural framework for almost all criminal trials (excluding some special criminal laws that provide different procedures for defined crimes and those that make special provisions for certain groups such as children). The CrPC sets out the entire procedure, from the first information report (FIR/reporting of the crime to the police), through the investigation, arrest of suspects, and all stages of the trial up to sentence, conviction, and appeal. It also provides for powers of the High Court to issue habeas corpus writs. AP PL ICAB IL IT Y TO RO H I NGYA This Code applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya in Bangladesh charged with a criminal offence are covered by this Code. P ROTECTIO N N OT ES Clear guidance from the Supreme Court (Appellate Division) calls for the police to follow the standard of “no arbitrary detention” when making an arrest without warrant and on “reasonable suspicion” of commission of an offence under Section 54 of the CrPC. In accordance with the Supreme Court’s guidelines, when an individual arrested without warrant is brought before a Magistrate to seek continued detention within 24 hours of their arrest (as per Sec. 61 of the CrPC), the arresting law enforcement officer must submit in writing their reasons for the inability of their investigation to be completed within 24 hours as well as for their belief that the accusations are well-founded.28 The decision further instructs law enforcement officers to notify the arrestee’s nearest relative or, in their absence, a friend named by the arrestee as soon as possible, within a maximum of twelve hours’ time.29 It requires Magistrates to monitor and ensure arrests in line with court directions and to order release of accused person on bond in case the arresting officer fails to produce a copy of the relevant entries in his or her case diary.30 31 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH