Overview of the use of capital punishment in Bangladesh
Capital punishment in Bangladesh is a legal form of punishment[1] for anyone who is over 16, however in practice it would not apply to people under 18.[2] Crimes that are currently punishable by death in Bangladesh are set out in the Penal Code 1860.[3] These include waging war against the State, abetting mutiny, giving false evidence upon which an innocent person suffers death, murder, assisted suicide of a child, attempted murder of a child, and kidnapping.[4] The Code of Criminal Procedure 1898 provides that a person awarded the death penalty "be hanged by the neck until he is dead."[5] For murder cases, the Appellate Division requires trial courts to weigh aggravating and mitigating factors to determine whether the death penalty is warranted.[6]
The Constitution of Bangladesh does not anywhere expressly recognise International Human Rights law, although some articles recognise international human rights. Article 25 of the Constitution recognises the United Nations Charter. Article 47 recognises international humanitarian law and provides that the Constitution will not limit the application of international treaties and the law of war.[7]
A person can receive the death penalty if they are found guilty of crimes against women and children. The Women and Children Repression Prevention Act 2000 provides that the death penalty can be imposed for murder or attempted murder involving burning, poison, or acid.[8] Causing grievous bodily harm by burning, poison or acid, if the victim's eyesight, hearing, face, breasts or reproductive organs are damaged.[9] Therefore, criminals in Bangladesh can be sentenced to death for attempted crimes and causing grievous bodily harm.
A number of offences (crimes not resulting in death) are punishable by death when committed by armed forces personnel. These offences include: providing aid to the enemy, cowardice and desertion and inducement to such and cowardly use of a flag of truce or any act calculated to imperil Bangladesh.[10]
According to the World Coalition Against the Death Penalty, Bangladesh carried out six executions in 2017.[11]
^["Bangladesh". The Death Penalty Worldwide database. Center for International Human Rights, Northwestern University School of Law. Retrieved 22 November 2013.]
^Penal Code 1860, s.121, s.132, s.302, s.305.
^Bangladesh:Criminal justice through the prism of capital punishment and the fight against terrorism
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