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Courtroom iron cages being removed after much controversy

Earlier, Dr Yunus expressed his dissatisfaction with the iron cages in the courts

Update : 17 Aug 2024, 05:15 PM

The iron cages used to hold defendants are being removed from courtrooms in Dhaka.

On Friday, the iron cages were removed from two courtrooms of the Chief Metropolitan Magistrate (CMM) Court in Dhaka.

According to court-related sources, after receiving instructions from higher authorities to remove the iron cages, the process started on Friday afternoon.

The cages were first removed from the 28th Magistrate Court in Dhaka's CMM Court.

A CMM Court official, speaking on condition of anonymity, told the daily Prothom Alo that after the decision from higher authorities, the removal of the iron cages from courtrooms began on Friday. Public Works Department personnel were seen dismantling the cages and taking them away.

On Tuesday, former law minister Anisul Huq and former prime minister’s private industry and investment adviser Salman F Rahman were kept in an iron cage in Dhaka's CMM Court.

However, on Thursday, former Deputy Speaker of the National Parliament Shamsul Haque; former State Minister for Posts, Telecommunications, and Information Technology Zunaid Ahmed Palak; and the General Secretary of the Dhaka University branch of the Bangladesh Chhatra League Tanvir Hasan were not kept in the court's iron cage.

Although the iron cage was still present in the CMM courtroom on Thursday, by Friday afternoon, it was observed that the former director general of the National Telecommunication Monitoring Center (NTMC), Major General (Retd.) Ziaul Ahsan, was brought to the Dhaka CMM Court, but the iron cage inside the courtroom was no longer there.

For the past few years, after being arrested, defendants were kept in an iron cage on one side of the courtroom in Dhaka.

Even those appearing for court hearings had to enter the cage.

Legal experts have been criticizing this practice, calling it inhumane and unconstitutional. They have argued that such measures should no longer be in place.

In October 2023, Supreme Court lawyer Shishir Monir sent a legal notice to remove iron cages from the accused and witness stands of judicial courts and reinstate wooden railings.

Article 35(5) of the Constitution states that no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.

Additionally, Article 7 of the International Covenant on Civil and Political Rights (ICCPR) prohibits torture or cruel, inhuman, or degrading treatment or punishment. According to Article 14(2) of the ICCPR, every person charged with a criminal offense has the right to be presumed innocent until proven guilty according to law.

Nobel laureate Dr Muhammad Yunus, who is serving as chief adviser of the interim government, also expressed his dissatisfaction with the iron cages in the courts.

During the previous Awami League government, several cases were filed against Dr Yunus, and he had to appear in court multiple times for hearings.

On June 12, after attending a court hearing, Dr Yunus said: "Today, we were kept inside a cage (defendant's dock) for a long time. We were inside the iron cage the whole time. I have questioned before, is this fair? As far as I know, until a person is convicted as a criminal, they are considered innocent."

Dr Yunus further said: "For an innocent citizen to have to stand inside an iron cage (defendant's dock) during a hearing is extremely humiliating. This is a heinous act. It should not apply to anyone. A review should be conducted. Why should a citizen be made to stand like an animal in a cage during a hearing in a civilized country, where they have not yet been convicted?"

Professor Yunus also suggested that legal experts and judicial officials should review whether this practice should continue.

On June 6, the High Court also questioned the legality of a rule that allows the authorities to install iron cages where accused persons stand during case proceedings in courtrooms across the country.

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