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Title:	Ensuring justice in Bangladesh through the right to a fair trial
Authors:	Shajeda Akhter (P66000)
Supervisor:	Rohaida Nordin, Dr.
Keywords:	Criminal justice Administration of -- Bangladesh Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Criminal procedure (International law)
Issue Date:	10-Dec-2015
Description:	The thesis identifies, explores and presents an analysis of fair trial guarantees for ensuring fairness of justice in the criminal justice system of Bangladesh considering them from the view of international and regional legal standards particularly the International Covenant on Civil and Political Rights (ICCPR) which was the first binding international document on State parties that contain a list of fair trial guarantees. The concept of protection and development of human rights have gradually been changing through fair trial guarantees in the administration of criminal justice after the adoption of the Universal Declaration of Human Rights (UDHR). There was no significant development at international level on fair trial guarantees before the adoption of the UDHR. Fair trial guarantees mean guarantee to all substantive and procedural due process safeguards enshrined in various international and regional human rights norms. The most esteemed features of fair trial guarantees in Article 14 of the ICCPR inter alia include but not limited to: equal rights before the courts and tribunals; a fair and public hearing by a competent, independent and impartial tribunal; presumption of innocence; prompt information of the charge; adequate time and facilities for defence and trial without delay. The subject that continues through the thesis is to what extent fair trial guarantees are extended (recognised) in international standards and how far these guarantees are practically available to the accused/suspect in Bangladesh to ensure justice in pursuance of international standards at different stages of trial. Through the social legal method, the thesis addressed fair trial guarantees at different stages of trial with relevant standards accorded in the Constitution and other relevant procedural laws and its practice in Bangladesh in the light of international standards. The thesis also attempts to compare the practices of Bangladesh in ensuring fair trial guarantees from the regional system of European countries under ECHR and particularly from the practice of United Kingdom via Human Rights Act 1998. The comprehensive examination shows that in Bangladesh fair trial provisions are enshrined in accordance with international standards. The limits/issues that impede in ensuring fairness of justice is the proper enforcement of the existing laws, the non-compliance of international standards and some legal issues are specifically addressed that lead the deficiencies of poor enforcement in ensuring the enjoyment of right to fair trial. Apart from full implementation of High Court's guidelines provided in BLAST's and Saifuzzaman's cases, the thesis also recommends for some legal reforms and full compliance with international standards.,Ph.D.
Pages:	397
Call Number:	C31.SHA 2015 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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