ABSTRACT

The extraordinary measure of suspension of the remedies for enforcement of some of the fundamental rights of the citizens is justified when the state's very life is in danger due to overwhelming crises which cannot be contained by ordinary measures. This chapter examines the provision concerning the suspension of the enforcement of fundamental rights during emergency situations under the Constitution of Bangladesh, 1972. The Constitution of Bangladesh in Article 35(5) prohibits 'torture or cruel, inhuman, or degrading' punishment or treatment. The chapter also focuses on the impact of the five proclamations of emergency in Bangladesh on the enjoyment of the fundamental rights of the citizens. In pursuance of Section 3 of the Emergency Powers Ordinance, 2007, the government framed the Emergency Power Rules on 25 January 2007, which in Rule 16(2) empowered the law enforcement agencies to 'arrest without warrant and take legal actions against any person'.