CR I MI N A L L AW A N D FAIR T RIAL RIGHTS Prisoners Act, 1900 S UMMARY Provides for the duty of prisons to detain persons committed to their custody by a legal writ, warrant, or court order; asserts that time spent in custody of a mental health facility is to be considered time served; and outlines procedures for bringing prisoners before the courts to present testimony in legal proceedings. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya imprisoned in Bangladesh are covered by this Act. P ROTECTIO N N OT ES Like any other individual in Bangladesh, Rohingya individuals may only be detained in prison by virtue of a lawful order, writ, or warrant (Section 3). By virtue of Section 30, any Rohingya prisoner deemed to be “of unsound mind” (suffering mental illness) should be transferred to a mental health facility where they can receive treatment while serving the remainder of their sentence or until they are no longer deemed to be suffering mental illness, and time spent in the custody of such a facility is to be counted as time served (Section 30.3). As per Section 48, any Rohingya imprisoned in Bangladesh must have any Criminal or Revenue Court process directed towards them shown and explained to them by a prison officer, and any request to have this process sent to another party by the prisoner must be followed, provided the prisoner pays the cost of delivery. Prisons Act, 1894 S UMMARY Provides rules for the regulation and administration of prisons and the rights of prisoners. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya imprisoned in Bangladesh are covered by this Act. P ROTECTIO N N OT ES Rohingya prisoners are entitled to a number of rights under this Act, such as separate accommodation or segregation based on age and sex (Section 27), and examination upon admission to include a record of the prisoner’s state of health, and of any wounds or marks. Examination of female prisoners should be carried out by a matron (Section 24). All Rohingya prisoners convicted of civil offences or under trial for criminal offences may receive visitors during visitation hours, and have the right to private visitations with their duly qualified legal representative. 33 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH