CUSTODIAL death continues in the changed political context that took place after August 5, 2024 when the Awami League government was toppled, with the installation of the interim government on August 8 that year which spoke of promises that such incidents would not happen. And, this is unacceptable. A young man accused of stabbing his wife to death was arrested at Jaintapur in Sylhet in the evening on September 13. He had been in the custody of the Rapid Action Battalion鈥檚 Sylhet headquarters since then. The battalion鈥檚 unit media officer has said that the accused committed suicide about 8:30am the next day by hanging himself from the ventilator with the blanket that he was given for sleep at night. Another man, aged around 50, accused in a murder case, surrendered to the police about 8:00pm on September 14. After the surrender, he was handed over later that night to the Police Bureau of Investigation, which was assigned to investigate the case. The PBI superintendent of Moulvibazar has said that the accused committed suicide early the next morning by hanging himself from the railing of a window of the room where he was in custody with the lungi he was wearing.
Death by suicide in custody also constitutes custodial death. In the past, custodial death, which the law enforcement agencies often referred to as 鈥榙eath caused by sudden illness,鈥� raised concern as custodial death strikes at the very foundation of the rule of law and justice dispensation, eroding public faith in the institutions meant to protect citizens. In many cases, the police used to say such death was due to sudden illness whilst families would allege that the accused had died from torture in custody. Such death often arises from torture, neglect, or extrajudicial action all of which contravene constitutional provision for right to life. The rule of law rests on principles of accountability, transparency and equality before the law. But custodial deaths send out an opposite signal. This undermines the credibility of the justice system and discourages citizens from seeking legal recourse. Such incidents also weaken democratic governance by normalising lawlessness within law enforcement. And, repeated incidents of custodial death corrode the moral authority of institutions, further encourage abuse and create a climate where arbitrary violence replaces due process. Death by suicide in custody, as the law enforcers say, could very well be a substitute for 鈥榙eath caused by sudden illness,鈥� was often the case earlier.
An end to custodial death warrants a comprehensive approach, substantiated by accountability, transparency and respect for rights. Whilst strong legal safeguards should be enforced to end death in custody and to ensure the safety of the detained or the accused, independent oversight should be put in place to deal with such events. Whilst all this should be on the government agenda, the government for now should independently investigate the incidents.
