Custodial torture calls for independent probe
We second the human rights activists' and advocacy groups’ call to establish either an independent body or empower the National Human Rights Commission (NHRC) to investigate allegations of custodial torture, deaths, and other crimes against disciplined forces. This is because in many instances in the past, when disciplined forces investigated allegations of crimes or human rights violations against their own members, the outcome was often dismissal. This raises serious questions about the fairness and transparency of such probes.
The problem becomes evident when one compares the data on custodial deaths and the number of cases in which the accused law enforcers have been convicted since the passing of the Torture and Custodial Death (Prevention) Act, 2013. According to data compiled by human rights organisation Odhikhar, between October 10, 2001, and June 22, 2026, the number of custodial deaths totalled 476, that too under different governments—political and non-political. Ain O Salish Kendra (ASK) puts the number of deaths of convicted prisoners and under-trial detainees in jail custody between January 2014 and May 2026 at over 900. However, till today, only in one case filed under the act have police officers been convicted of torturing a detainee, leading to his death. It is the landmark case of Ishtiaque Hossain Jonny, who was picked up along with his brother by the police in February 2014. When Jonny fell ill after being tortured, he was taken to a local clinic. As his condition deteriorated, he was transferred to Shaheed Suhrawardy Medical College and Hospital, where doctors declared him dead. Jonny’s brother filed the case in August 2014, and in 2020, a Dhaka court found three police officers and two informers guilty.
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This disparity between the numbers of custodial deaths and convictions also drives home the point Supreme Court lawyer Barrister Sara Hossain made at a recent conference in Dhaka. She noted how ordinary citizens often cannot file a case against the police, and even when they do, the investigation process becomes a major obstacle to justice. Indeed, how can an agency be trusted to impartially investigate its own members? This question is particularly crucial when one considers how the law enforcement members often see torture as the only means to extract confessional statements.
Therefore, it is imperative that cases of human rights violations, including custodial torture and deaths, are investigated by an independent body. It could be the NHRC, to which the interim government gave this power through the 2025 ordinance. However, the BNP government not only scraped the ordinance but also left the provision out completely in the new draft NHRC law. This is not expected of a party whose activists have so often faced police brutality during the 15-plus years of the Awami League regime. We hope that the BNP government will do better and ensure independent probes into allegations of custodial torture, deaths, and other human rights violations against disciplined forces.
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