Information on whether court documents usually include a reference
to Section 54 of the Criminal Procedure Code when a person is
arrested under the Special Power Act (SPA) is currently unavailable
to the DIRB. However, sources available to the DIRB state that the
SPA allows the Bangladeshi authorities to detain individuals
without specifying charges and presumably without arrest warrants.
For instance,
Country Reports on Human Rights Practices for
1992 holds
[u]nder the Special Powers Act of 1974 (SPA), the Government may
detain a person without charge for an initial period of 30 days to
prevent the commission of "any prejudicial act," as loosely defined
in the legislation. The Government is obligated to charge the
detainee formally by the end of this period or release him if it
fails to file a charge. In practice, prisoners are held for longer
periods without charge (1993, 1120).
The attached seven articles provide information on arrests and
detentions without specifying charges under the SPA in
Bangladesh.
Attached please also find three Responses to Information Requests
which refer to arrest warrants in Bangladesh.
This response was prepared after researching publicly accessible
information currently available to the DIRB within time
constraints. This response is not, and does not purport to be,
conclusive as to the merit of any particular claim to refugee
status or asylum.
Reference
Country Reports on Human Rights
Practices for 1992. 1993. United States Department of State.
Washington, DC: United States Government Printing Office.
Attachments
Agence France Presse (AFP). 6 May 1992.
"3,000 People in Bangladesh Jails Without Trial: Report."
(NEXIS)
. 19 April 1992. "Two Former Bangladesh
Army Security Chiefs Arrested."
Documentation, Information and Research
Branch (DIRB), Immigration and Refugee Board, Ottawa. 21 May 1993.
Response to Information Request BGD14234.
. 23 April 1993. Response to Information Request BGD13807.
. 8 October 1992. Response to Information Request BGD11778.
Japan Economic Newswire. 22 April 1993.
"Opposition Lawmakers Arrested in Bangladesh." (NEXIS)
. 31 October 1992. "Third Group of 104
Rohingas Goes Back to Mayanmar." (NEXIS)
National Public Radio. 28 April 1993.
"Amnesty International Raises Questions in Bangladesh." (NEXIS)
Reuters. 6 October 1993. BC Cycle.
"Bangladesh Police Arrests Three Ershad Followers." (NEXIS)
. 26 November 1992. BC Cycle.
"Opposition Leader Alleges Mass Arrests." (NEXIS)