CR I MI N A L L AW A N D FAIR T RIAL RIGHTS • intimidating or coercing any person or some other person; • on the basis of discrimination, provocation, or consent or authority of any public officer or any governmental capacity. Complaints of torture can be submitted either through the normal process for complaints outlined in the CrPC, or directly before the courts, in which case the complainant will be immediately sent for a medical examination, after which a report should be submitted to the courts within 24 hours (Section 4). Upon reading the report, the courts may direct the Superintendent of Police or a police officer of higher rank to register a case (Section 5), and the investigation must be completed by an officer of at least equal rank to the alleged perpetrator (Section 5.5). Reports of torture may also be made by third parties either by bringing a complaint directly before a court (Section 6), or by bringing the complaint to a Court of the Sessions Judge or to a police officer of the rank of Superintendent of Police or higher (Section 7). Importantly, the burden of proof lies with the accused if harm is caused by the negligence or carelessness of a public officer or person acting on the behalf of a public officer (Section 19). Complainants may file a petition to the Court of Sessions Judge for a protection order against any alleged perpetrator under this Act, and the Court should pass an order on the petition within 14 days (Section 11). Protection orders made under this Section can include detention of the alleged perpetrator for a minimum period of seven days, which may be extended as necessary (Section 11.4). The Court may also direct the investigating officer to ensure compliance with any protection order (Section 11.5) and can take other necessary orders to safeguard complainants, including relocation, security detail, or restriction orders against the alleged perpetrator (Section 11.6). Torture is defined as an offence under Section 13.1, and anyone who attempts, assists/provokes, or conspires to commit any of these offences is also considered to have committed the offence of torture (Section 13.3). The punishment for torture is a minimum of five year’s rigorous imprisonment or a minimum fine of 50,000 taka, or both, in addition to compensation to the victim(s) in the amount of 25,000 taka (Section 15.1). Torture resulting in death is punishable by rigorous imprisonment of a minimum life term or a minimum fine of 1 lakh taka, or both, in addition to compensation to the victim(s) amounting to a minimum of 2 lakh taka (Section 15.2). Unless monetary fines ordered by the courts are paid within 14 days from the passage of a judgment, no appeal against the judgment will be allowed (Section 15.4). Any removal/extradition of Rohingya to Myanmar under Section 18 of this Act (for any offence committed under this Act) would be a violation of the principle of non-refoulement, an obligation recognized by High Court jurisprudence in the Court’s RMMRU judgment. Children Act (Shishu Ain), 2013 (as amended up to 2018) S UMMARY Provides special measures applicable to children in conflict with or in contact with the law, including that the trial of a child must be held in a Children’s Court. AP PL ICAB IL IT Y TO RO H I NGYA This Act contains no indication of jurisdiction. Therefore, Rohingya children in conflict or in contact with the law in Bangladesh are covered by this Act (Section 4). 36 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH