CR I MI N A L L AW A N D FAIR T RIAL RIGHTS
— Right to personal freedom and liberty, prohibition on arbitrary arrest and/or detention and obligation of
the State to inform of charges and bring arrested/detained individuals promptly before a judge (Article 9)
— Right to inherent human dignity of those detained, including separate accommodation for detained
juveniles (Article 10)
— Right a fair and impartial trial (Article 14)
— Prohibition on extrajudicial punishment (Article 15)
— Right to equality before the law and equal protection of the law, without discrimination on any ground
such as race, colour, sex, language, religion, political or other opinion, national or social origin, property,
birth, or other status (Article 26)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT),
Acceded: 10/05/1998:
— Prohibition on the use of torture and other cruel, inhuman or degrading treatment or punishment
(Article 2.1), including prohibition on the use of war or a threat of war, internal political instability, or any
other public emergency (Article 2.2), or an order from a superior officer or a public authority to justify
torture (Article 2.3)
— Prohibition on refoulement to a State where there are substantial grounds for believing that he would be
in danger of being subjected to torture (Article 3)
— Right of victims of torture, or in the case of their death, of their family members, to redress and
compensation (Article 14)
• Convention on the Rights of the Child (CRC), Acceded: 08/03/1990 & Optional Protocols on the Involvement
of Children in Armed Conflict (Ratified: 09/06/2000) and on the Sale of Children, Child Prostitution and
Child Pornography (Ratified: 09/06/2000):
— Obligation of the State to inform parents/guardian of a child under arrest/detention (Article 9.4)
— Right of the child to be heard in any judicial and administrative proceedings affecting the child (Article 12)
— Obligation of the State to limit maximum sentencing for children in conflict with the law, to apply arrest/
detention of children as a last resort and for the shortest appropriate time and to detain children
separately from adult offenders (Article 37)
— Obligation of the State to implement a minimum age of criminal liability and to provide age-appropriate
judicial procedures for children in respect of their right to privacy, right to free translation when
necessary, and to establish where possible alternatives to judicial proceedings for children in conflict
with the law (Article 40)
— Obligation of the State to prohibit the sale of children, child prostitution and child pornography
(Optional Protocol to the CRC on the sale of children, child prostitution and child pornography, Article 1).
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Acceded: 11/06/1984
& Optional Protocol (Ratified: 09/06/2000):
— Obligation of the State to repeal all national penal provisions which constitute discrimination against
women (Article 2.3)
• Convention on the Rights of Persons with Disabilities (CRPD), Ratified: 11/30/2007 & Optional Protocol
(Acceded: 05/12/2008):
— Obligation of the State to provide procedural accommodations in order to facilitate the effective role
of persons with disabilities as direct and indirect participants, including as witnesses, in all legal
proceedings, including at investigative and other preliminary stages (Article 13)
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH