Legal Protection of an Accused....
Audi AlteramPartem (No man shall be condemned unheard) is a basic principle of natural justice that means no one is to be condemned, punished, or deprived of his/her life or property in any judicial proceeding, unless he/she has had an opportunity of being heard. The principles of natural justice have been violated repeatedly by law-enforcement agencies of Bangladesh through so-called 'cross-fires'/ gunfight. The Universal Declaration of Human Rights guarantees the human rights under, especially Article 3; everyone has the right to life, liberty and security of person, Article 5; No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Article 9; No one shall be subjected to arbitrary arrest, detention or exile.
The Constitution of Peoples' Republic of Bangladesh provides the fundamental rights of the citizens in the third chapter (Article 26 to 47A). It rejects any kind of discrimination in terms of religion, race, caste, sex or place of birth. Articles: 31, 32 and 33 describe that citizens are entitled to enjoy the safeguards as to arrest and detention, protection of the law and treated in accordance with law and not deprived of life or personal liberty except in accordance with law, Article 35 ensures fair trial in criminal prosecution (A man should not be punished prior to conviction).
However, some restrictions may be imposed in conferring the rights.
Above all the fundamental rights described in Bangladesh Constitution
resemble very effectively the principles inscribed in the UN Universal
Declaration of Human Rights and provide a legal basis for citizens for a
free and fair environment in the national polity.
The Chief Justice MC Lachin, Supreme Court of Canada in Charkouvi v Canada, 2007 SCC 9, (2007) ISCR 350 Para 64. The Court held that, “How can one meet a case one doesn't know?” In Dr. Bently Case, his Lordship, Justice Fortescue held that, Even God gives chance to Adam for fair opportunity to answer. “Have you eaten from the tree which I forbade you?”-God inquired. R. v University of Cambridge(1723), 1 Str 557 at P 567: 93 ER 698. Article 14.2 of International Covenant on Civil and Political Rights, 1966, which Bangladesh acceded to in 2000, states that everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Presumption of innocence is the vital right of the accused because he possesses some sort of dignity and honour as a human being and never ever he wants to lose it.
A person may be guilty in the eye of law but he cannot be punished without due process of law. We cannot accept the ancient rule that is “Blood for Blood.” We are directly and unquestionably against the crime but as humankind a criminal has right to take protection before the law and the law will be decided whether he is guilty or not. If he is guilty he will be punished in accordance with law but not before trial.
The Chief Justice MC Lachin, Supreme Court of Canada in Charkouvi v Canada, 2007 SCC 9, (2007) ISCR 350 Para 64. The Court held that, “How can one meet a case one doesn't know?” In Dr. Bently Case, his Lordship, Justice Fortescue held that, Even God gives chance to Adam for fair opportunity to answer. “Have you eaten from the tree which I forbade you?”-God inquired. R. v University of Cambridge(1723), 1 Str 557 at P 567: 93 ER 698. Article 14.2 of International Covenant on Civil and Political Rights, 1966, which Bangladesh acceded to in 2000, states that everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. Presumption of innocence is the vital right of the accused because he possesses some sort of dignity and honour as a human being and never ever he wants to lose it.
A person may be guilty in the eye of law but he cannot be punished without due process of law. We cannot accept the ancient rule that is “Blood for Blood.” We are directly and unquestionably against the crime but as humankind a criminal has right to take protection before the law and the law will be decided whether he is guilty or not. If he is guilty he will be punished in accordance with law but not before trial.
