CR I MI N A L L AW A N D FAIR T RIAL RIGHTS Per Section 52 of the CrPC, any female Rohingya subject to police search should be searched only by female officers, with strict regard to decency. Rohingya charged with crimes should be evaluated for eligibility of bail, and release on bail should be afforded wherever possible. This is especially the case where Rohingya children (under the age of 18),31 women, or any Rohingya person experiencing illness are accused of offences (as per Section 497, CrPC). By virtue of Section 52 of the Children Act 2013, any person under the age of 18 may be released on bail by the Children’s Court. Evidence presented against a Rohingya defendant in criminal proceedings must be interpreted to them in a language they understand (Section 361). Further, upon examination the accused must have the record of the examination interpreted to them in a language they understand, and the accused must be given occasion to explain or add to their answers (Section 364). Any sentence to be served on conviction of an offence should be adjusted (reduced) based on time served in pre-trial detention, per Section 35.a of the CrPC. Per Section 33.1, where Rohingya are sentenced to imprisonment in default of payment of a monetary fine, the period of imprisonment proscribed in default shall not exceed one-fourth of the maximum punishment for the offence. In terms of protections afforded to victims of offences and/or their families under the CrPC, Section 545 provides for the Court to order that punitive fines be leveraged to pay for expenses or restitution to victims. Section 174 states that the police have a duty to investigate suicide and other unnatural deaths and, when there is any doubt as to the cause of death, that they must send the body for post-mortem examination. Further, Magistrates have the duty to hold inquiry into the cause of death of any individual who dies while in the custody of police, and the authority to hold inquiry either instead of or alongside the police-led investigation in other cases of unnatural death (Section 176). Evidence Act, 1872 S UMMARY Governs the definition and admissibility of various forms of evidence in all court proceedings before all courts. A PPL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh and to all judicial proceedings in or before a court (with the exception of some courts martial). Therefore, Rohingya are covered by this Act. PROTECTIO N NOT ES This Act provides a number of important protections that can benefit both Rohingya victims and accused, including a prohibition on legal counsel disclosing information/communications with their clients without express consent of the client (Section 126). Per Section 127, this also applies to interpreters as well as any clerks working on the behalf of the lawyer. The confidentiality of attorney-client communications is further asserted by Section 129. Under Section 122, communication between a Rohingya accused of a crime and their spouse is confidential and such communications may only be disclosed with the mutual consent of both spouses, other than in cases where one spouse is accusing the other of a crime. By virtue of Section 132, while a Rohingya witness is not excused from providing answers that may prove to be self-incriminating, such answers may not be used to arrest or prosecute the witness for committing an offence. 32 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH