BANGLADESH: New law includes death penalty for adults if they use children in violent activities

[17 June 2013] - 

The Bangladesh Parliament passed a law on 16 June with provisions allowing the death penalty as the maximum punishment for adults (mis)using children in violent activities such as murder and intimidation, in line with the Anti-Terrorism Act 2009.

The House passed the Children Bill 2013 proposed by Social Welfare Minister Enamul Haque Mostafa Shahid through voice vote with lawmakers from the Treasury Bench shouting “yes” while opposition lawmakers said “no.”

Opposition amendments and a proposal for eliciting public opinion were also rejected through voice vote by the Awami League dominated parliament.

The original law contained a section that said anyone using children to carry firearms and contraband items would face up to three years in jail or a fine of Tk100,000.

On June 5, the Parliamentary Standing Committee on Social Welfare Ministry recommended the tougher stipulations to stop the misuse of children for political gains.

The new provision states: “No matter whether genuine guardian or custodian of using the adolescents (up to 18 years) in the terrorist activities, defined in the section six of the Anti-Terrorism Act 2009, will (be) presumed to have committed the terrorist activities done by the children concerned.”

“The guardian or the custodian will face the punishment in line with the Anti-Terrorism Act-2009 for the crimes,” it read.

Terrorism in the Anti-Terrorism Act 2009 includes murder, intimidation, serious injury, captivating, whisking or damaging public property aimed at imperiling the integrity, security, and sovereignty of the country.

It also says possession of explosives, flammable articles, firearms and other chemicals shall be considered as terrorist activities.

The Anti-Terrorism Act 2009 allows for death sentence or life imprisonment as the maximum punishment for terrorist activities. Convicted terrorists can face terms ranging from three to 20 years depending on the gravity of the crimes.

The standing committee inserted the tougher provisions in line with the Anti-terrorism Act 2009, citing the mobilisation of thousands of Madrasa students in Hefazat-e-Islam’s May 5 “Dhaks Seize” programme.

The new legislation also proposes setting up a special court for trying children charged with criminal activities. The law provides that children will get bail no matter what crimes they are alleged to have committed and includes a ban on media reporting on proceedings in the children’s court.

The newly passed law, tabled at parliament on April 30 this year, will replace a similar law passed by the Awami League government in 1974.

 

FURTHER INFORMATION:

pdf: http://www.dhakatribune.com/law-amp-rights/2013/jun/17/js-passes-law-dea...Association: Dhaka Tribune

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