Daffodil International University
Faculty of Humanities and Social Science => Law => Topic started by: abduarif on May 14, 2014, 03:03:00 PM
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In recent times we are witnessing a series of abduction cases. People from all walks of life, child or adult, rich or poor, persons having political clout or not, are being abducted by unidentified perpetrators. Though this is a serious offence under the existing national laws, we hardly see that the abductors are caught and brought before the court for trial.
There are a couple of United Nations General Assembly resolutions and an international convention that provides a framework to deal with the crime of abduction. “International Convention for the Protection of All Persons from Enforced Disappearance” is the convention that calls for the states to provide protection against enforced disappearance for all citizens. In our national laws, the offence is termed as “kidnapping” or “abduction.”
Here is a brief account of national and international laws related to abduction and the penalties provided for the offence under the existing laws.
National law against abduction
Sections 359 through 369 of the Penal Code, 1860 provides definition and punishment of abduction and kidnapping.
Kidnapping
According to the law, kidnapping is of two kinds: kidnapping from Bangladesh, and kidnapping from lawful guardianship.
If a person sends out any person beyond the borders of Bangladesh without the consent of that person, or of some persons legally authorised to consent on behalf of that person, commits kidnapping. And, if a person takes or entices any boy under fourteen years of age, or a girl under sixteen years of age, or any person of unsound mind, out of the keeping of the their lawful guardian, without the consent of such guardian, commits kidnapping.
Punishment for kidnapping
If a person kidnaps any person from Bangladesh or from lawful guardianship, that person shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Abduction
Whoever by force compels, or by any deceitful means induces any person to go from any place, commits abduction.
Punishment for kidnapping or abducting in order to murder
A person who kidnaps or abducts any person in order that the abductee may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Punishment for kidnapping or abducting of a person under the age of ten
A person who kidnaps or abducts any person under the age of ten, in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person, shall be punished with death or with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years, and shall not be less than seven years.
Punishment for kidnapping or abducting woman to compel her to marry
A person who kidnaps or abducts any woman with intent that she may be compelled to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
International legal framework
United Nations General Assembly Resolution on enforced disappearance
In December 1978 the General Assembly first refered to the issue of enforced disappearance. In resolution 33/173, the UNGA said that it is deeply concerned by reports from various parts of the world relating to enforced or involuntary disappearances” and asked the Commission on Human Rights to consider the issue of enforced disappearances with a view to making appropriate recommendations.
Definition of enforced disappearance
According to the Declaration on the Protection of All Persons from Enforced Disappearance, proclaimed by the General Assembly in its resolution 47/133 of December 18, 1992 as a body of principles for all States, an enforced disappearance occurs when:
“persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.”
International Convention for the Protection of All Persons from Enforced Disappearance
The convention is the first universally binding treaty that defines enforced disappearance as a human rights violation and prohibits it. The convention was adopted on June 29, 2006 as the first resolution of the new Human Rights Council. On December 20, 2006 the text of the convention was adopted by the plenary of the General Assembly. On February 6, 2007 the convention was opened for signatures and signed by 57 States. It will enter into force on the 30th day after the deposit with the United Nations of the 20th ratification of accession. Bangladesh has not yet signed or ratified the convention.
Combating impunity
The convention puts an obligation on states to bring enforced disappearance offenders to justice. They must do so not only with regard to persons who commit enforced disappearances on their own territory, but also in cases of alleged offences in other jurisdictions. In those cases states have to either prosecute or extradite the alleged offender, so that no one can escape justice.
Rights of victims
This is the first convention that recognises that the victims of enforced disappearances are not only the disappeared themselves, but also their relatives. It acknowledges the right of the families to know the fate of their relatives, and also recognises that victims of enforced disappearance have a right to reparation for the wrong that was done to them.
Enforcement of the law
The convention establishes an international committee of ten independent experts to monitor compliance. These experts will review reports by states and can also receive individual complaints. The convention also foresees a “habeas corpus” procedure by which relatives and other interested persons who fear that a person has been subjected to enforced disappearance can seize the international committee directly and if the complaint is substantiated the committee will ask the state to search for and locate the missing person.
However, an international convention can only help enforce human rights if and when it becomes implemented into national law and practice. So, the convention will only take effect in our country if Bangladesh ratifies it.
- See more at: http://www.dhakatribune.com/juris/2014/may/07/chasing-abductors#sthash.ZSNDrmql.dpuf