Arrested or in prison in Bangladesh
This guide provides information about being arrested in Bangladesh and what conditions are like in prison there.
Contacting the British High Commission
The British High Commission in Bangladesh can offer help but will not be able to get you out of prison or get you special treatment because you’re British. Find out what help the embassy or consulate can offer.
Family and friends can contact:
- the British High Commission in Bangladesh
- the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000
British High Commission Dhaka
United Nations Road
Baridhara, Dhaka 1212
Telephone: +88-02-55668700
Finding a lawyer and translator in Bangladesh
Finding a lawyer
You should carefully consider getting a local Bangladeshi lawyer. Discuss all costs with them in advance.
Prisoners Abroad has information on appointing a lawyer and legal aid (not specific to Bangladesh).
Private lawyers
Check the list of local English-speaking lawyers if you want to appoint a private lawyer. Ask the British High Commission if you need a printed copy.
The lawyer may ask for a cash advance before taking the case. Also be prepared to pay for Court fees, translation/interpretation cost if applicable.
Legal aid
National Legal Aid Services Organization is the government organisation responsible for providing legal aid in Bangladesh. There are other non-government organisations who also offer legal aid. The British High Commission can help you to access them.
Court-appointed lawyers
If you do not appoint a private lawyer, you can ask for a court-appointed lawyer.
Finding a translator or interpreter
You may need a translator to help you read Bangla documents about your case. You might need an interpreter to help you communicate with your lawyer or at your trial, or for prison visits.
Search for an English-speaking translator or interpreter in Bangladesh.
Do not sign any documents unless you fully understand them.
What happens when you’re arrested in Bangladesh
You can be arrested and taken to a local police station:
- because of an existing arrest warrant
- where there are grounds for issuing an arrest warrant
- if you’re caught in the act of performing a crime
- if it’s expected you’ll leave the country to escape justice
- your identity cannot be confirmed
Do not sign any documents unless you fully understand them. You may ask for an interpreter.
Your rights
You have the right to:
- be informed of the ground of your arrest
- appoint a defence lawyer of your choice
- tell your next-of-kin you’ve been arrested
- tell the British embassy or consulate you’ve been arrested
How long can you be held for
If an investigation cannot be completed within 24 hours of the arrest, the accused must be produced before the nearest Magistrate.
Going to court
You must be taken to court within 24 hours from when you’re arrested. At court the magistrate will examine whether the arrest was lawful. They’ll decide if you’ll:
- be granted bail
- be remanded to Police custody
- be send to prison
Being put on remand
You may be remanded to police custody at the request of the police and approval by the Magistrate.
How long you can be on remand for
The Magistrate can grant a remand for up to 15 days. There is no fixed limit on how many times remand can be granted, but they must be justified and approved by the Magistrate.
Bail
There is a bail system in the regular courts, although, under certain security and crime law, a non-bailable period of detention exists. Your lawyer will be best placed to advice on this matter. Bail can be granted to foreigners, but courts may impose stricter conditions due to higher flight risk, lack of local ties, and difficulty in ensuring court appearances. As a part of the bail condition, the court may require you to surrender your passport, impose travel restrictions, regular reporting to the Police station. If you violate the bail conditions, the court can revoke the bail, and you may be re-arrested.
The British High Commission cannot transfer bail funds on your behalf.
Arriving at prison
After arrival at the prison, you will be searched, and any prohibited articles shall be taken from you. Medical checks will be carried out by the prison health department to assess if you need any treatment for ongoing medical conditions (e.g., blood pressure, diabetes, HIV). In the case of female prisoners, the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.
Personal belongings
All personal belongings will be confiscated and recorded in an inventory. You will be given a receipt or acknowledgment of the items taken.
Your prison cell
You cannot expect a single cell, sometimes not even a mattress may not be available to you. Unfortunately, the High Commission is not allowed to buy new mattresses; you will need to wait until the prison provides you with one.
Contacting the British High Commission
Tell the prison if you want the British High Commission to know you’re in prison.
Medical check-up
While you are detained, the Bangladeshi authorities are responsible for ensuring your basic medical needs are met. Prison doctor is available in some prisons. Prisoners are taken to government hospitals outside the prison for specialist treatment, but you may have to pay for all your own medication. Your family will be able to send medication to you in prison with the agreement of the prison doctor. Consular staff cannot purchase medication for you or pass medication from your family to the prison authorities.
On arrival at the prison, prisoners should make the prison authorities aware of any medical conditions that they may suffer from. If the situation is urgent, you should ask the prison to contact us directly as we will try to help you as quickly as possible by liaising with the prison. You may wish to give your doctors in the UK permission to talk to the prison doctors, of the consular staff about the medication you have been on or the treatment you have been previously receiving. Consular staff are not medically trained, and we cannot talk to doctors about your specific personal circumstances without your permission.
Contact the British High Commission if you need help getting your medical notes from the UK.
Rights and responsibilities in prison
Upon admission, you will be informed about the basic rules and regulations in prison. Disciplinary actions might be taken by the prison authority if you violate prison rules including warning or reprimand, reduction in class or privileges, solitary confinement.
Visits from family or friends
Your family or friends should contact the prison authorities where you are detained to find out how to gain visitation access and the rules and regulations around visits. There is a general visitors area, and sometimes you may be allowed to meet visitors in a more comfortable place - but this is at the discretion of the prison authorities.
You or your family or friends can ask your lawyer, or the prison directly, about the rules.
How many visits you’re allowed
You are generally allowed to receive visitors once every 15 days for 30 minutes. You may be allowed extra visits if there are special or compassionate reasons (for example, distance health or medical reasons).
During the visit
Visits normally take place the designated visiting area within the prison. Visitors need to bring a valid photo ID for identification and are typically searched before entry. Prison officials are generally present nearby to ensure safety and compliance.
What visitors can take with them
Visitors can bring “prison comforts” such as food, books and toiletries to you when they visit. All bags and parcels will be searched before entry to the prison, and the authorities have the right to withhold items they deem to be unacceptable (amongst others, weapons, knives, alcohol, drugs, home-made food).
Visits from British High Commission staff
As soon as we have been notified of your arrest or detention by any source, we will aim to visit or speak to you in judicial or police custody or the custody of any other detaining authority. If you are detained in prison, we will need to apply for permission to do so through the Ministry of Foreign Affairs and obtaining the permission can take several weeks.
During our visits you will have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. If we are unable to visit you, we will try to speak to you over the phone.
Money
The British High Commission does not provide financial assistance to prisoners.
Money transfers from family or friends
Family or friends can send you money in your prison account. They cannot send you cash in the post. Ask the prison authorities for information about sending money.
Prison accounts
You will have a prison account maintained by the prison. Money in the prison account can be used to buy food, toiletries, and other necessary items available in the prison store.
How to make a complaint about mistreatment
The British High Commission can help if you have been mistreated or abused - it will take all complaints seriously. Tell a British High Commission staff first if you decide to make a complaint. They will ask your permission before taking any action.
If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible, take photos of your injuries.
Your investigation and trial in Bangladesh
The Court system in Bangladesh has two levels: the subordinate courts and the Supreme Court. The subordinate courts in Bangladesh are one of the two tiers of the court system in Bangladesh and the other tier is the Supreme Court. The subordinate courts are in different districts and metropolitan areas across Bangladesh. All the subordinate courts are under the authority or supervision of the Supreme Court of Bangladesh.
The Bangladesh justice system is ‘adversarial”’ where the two opposing parties present their cases before a neutral judge.
The British High Commission cannot interfere with the Bangladesh judicial system. It cannot ask for your case to be judged more quickly just because you are British or ask the authorities to waive any penalties.
Choice of court
The courts in Bangladesh can be divided in two broad classes, namely, civil courts and criminal court. The Supreme Court is divided into two sections: the High Court Division and the Appellate Division. The high court hears appeals on original cases mostly dealing with Constitutional issues (writs), bails and reviews cases from the lower courts. The appellate court has jurisdiction to hear appeals of Judgements, decrees, orders, or sentences of the high court. Rulings of the Appellate division are binding on all other courts.
Metropolitan Magistrate Court found in Metropolitan areas of Bangladesh also deals with criminal cases. In criminal cases in the Courts of Magistrates certain categories of police officials (court police) play the role of prosecutors. Besides police officials, the lawyers appointed as Public Prosecutors (PP) and Assistant Public Prosecutors (APP) also act as prosecutors.
Start of your trial
At the start of the trial, you will be brought before a judge. The prosecutor will open the case by describing the charges against you. You will be allowed to plead guilty or not guilty. If you plead guilty, no further proceeds will be taken, and the court move to sentencing procedure. If you plead not guilty, then the court will start the trail proceedings.
Taking evidence
The court will consider the evidence submitted before it during the trial. You will be examined by your lawyer at the trial and will be cross examined by the opposing lawyer.
Verdict
After conclusion of the trial proceeding, the judge will announce a date for the verdict.
Sentences
If you’re found guilty, you’ll be given a sentence. Sentences will depend on the seriousness of the crime and can include time in prison and/or fines. Your lawyer will be best placed to advice on length of sentence.
Making an appeal
You have the right to appeal against your sentence in the Higher Courts through your lawyer.
When you can appeal
You can appeal within 30 days from the date of conviction or acquittal in criminal cases.
How to appeal
You or your lawyer can submit the petition for appeal or review to the appropriate court.
What happens when you appeal
The Court reviews if the appeal is valid and the opposing party is informed. The appeal process is usually very slow and can sometimes lead to the appellant’s release being delayed until the appeal is decided. In such cases a lawyer’s opinion of the case is strongly recommended before proceeding.
At the end of the appeal
If your appeal is successful, the judgment may be reversed or modified. In criminal cases, the sentence may be reduced or the conviction overturned. The original judgment will stand if your appeal is rejected.
Prison conditions in Bangladesh
Prisons in Bangladesh are generally overcrowded and lack adequate facilities. You should also be aware that the conditions of toilets and showers are poor in Bangladesh prisons.
Most prisons will be providing basic toiletries, standard clothing and linen; other items can be purchased directly from the prison shop.
Letters and packages
Consular staff can help you correspond with families abroad. We can seek to get the full mailing address of the prison. There is usually no limit to the number of letters you may receive. However, prison authorities read the contents of all letters including those to lawyers. We have been told that a letter may be stopped if it contains any detrimental comments about Bangladesh. Sometimes unreliable international mail system between Bangladesh and the UK can cause delays.
Telephone calls
Detainees are not permitted to own or use phones. Depending on the charges, some prisons may allow you to make one local phone call per week for 5 minutes.
Medical and dental treatment
Your basic medical needs must be met while you’re detained in Bangladesh.
While you are detained, the Bangladeshi authorities are responsible for ensuring your basic medical needs are met. Prison doctor is available in some prisons. Prisoners are taken to government hospitals outside the prison for specialist treatment, but you may have to pay for all your own medication. Your family will be able to send medication to you in prison with the agreement of the prison doctor. Consular staff cannot purchase medication for you or pass medication from your family to the prison authorities.
Treatment for a new illness or condition
Speak to the prison officials if you need medical or dental treatment. If you have an unusual or complex condition you might be referred to a specialist outside the prison.
Existing conditions
The British High Commission can try to make sure the prison knows about any medical or dental issues you have if you want it to. It can also talk to your UK GP to help get your medical records sent to the prison.
You might be transferred to a hospital with a police guard if your condition cannot be treated in prison.
Drug and alcohol addiction
Some prisons in Bangladesh have programmes for prisoners with a drug or alcohol addiction. Discuss this with the prison doctor.
Mental health care
Talk to the prison doctor as soon as possible if you feel you need treatment for your mental health. For example, you have depression or anxiety.
The prison may be able to make recommendations about adjustments for psychological issues.
Emergency trips outside prison
It is possible to make an application for an emergency trip if an urgent situation arises (e.g., funerals and critical illness of a prisoner’s next-of-kin). Final decision rests with the prison authorities.
Food and diet
The prison authorities will provide you with three meals a day. The food provided includes rice, vegetables, lentils, meat/fish (occasionally). The portion sizes are generally designed to meet basic caloric needs. You can buy additional food items from the prison shop.
Prison shop
There is a prison shop. Money can be deposited into a prisoner account managed by the Jailor. Your family can add funds to your account. You can buy essential items such as food, toiletries from the prison shop.
Showers and hygiene
Bathroom and laundry facilities across prisons will be very basic and communal or shared. Many prisons have a bucket-bath system instead of showers. Many prisons will allow you to have a bath daily if water is available, but this will vary across prisons. You can purchase toiletries from the prison shop or have them brought to you by visitors.
Work and study
Only prisoners who have been sentenced can work in the prison but that depends upon the prison authorities and work facilities provided in the prison. Study opportunities are also available; however, the number of slots is limited, and the waiting time could be quite long.
Books, languages, activities and study
You may be allowed to intermingle in some prisons, but only at specific times and in designated areas. Where possible prisons may try to keep English-speaking inmates together, but this is not the case in all prisons. In most prisons, staff communicate in the local language and may know only a little English.
All Prisons in Bangladesh are equipped with TV rooms and most prisons have libraries where you can study. You are allowed to take books from the library back to your cell.
Internet access is not available to detainees in prison. You can send and receive letters to and from family/friends, but you should be aware that all incoming and outgoing mail will be checked by prison authorities.
Prisoners Abroad might be able to send some reading material, language textbooks and dictionaries.
Courses and study
Study opportunities are available; however, the number of slots is limited, and the waiting time could be quite long. The language of instruction is typically in Bangla. You will need to check with the Prison Super about whether they have the facilities to allow you to study as facilities vary from prison to prison.
Exercise
In some prisons, prisoners are allowed to move out of their barracks for a limited amount of time each day for exercise or sport.
Clothing
Prison authorities can supply basic clothing and bedding if you are unable to afford them. You family/friends can also send you appropriate clothes.
Religion
Some prisons may have a place of worship within the facility. Full-time religious ministers may not be available, but they may be allowed to visit. Most prisons will allow you to practice your faith, for example, Muslims are allowed to maintain their fast during the holy month of Ramadan.
Mobile phones
Mobile phones are prohibited in Bangladeshi prisons. If you’re caught with one, you could face punishment such as solitary confinement or losing privileges.
Transferring to another prison
If you have been tried and convicted, you can apply for a prison transfer but the permission for transfer depends upon the authorities.
Transferring to a prison in the UK
The UK and Bangladesh do not have a prisoner transfer agreement so you cannot apply to transfer to a prison in the UK.
Early release
Under Bangladesh “Probation of Offenders Ordinance” the system of parole does exist. However, the system is not always functional due to lack of facilities and manpower.
Reduction of sentence (remission)
In Bangladesh, the early release measure that exists is remission. This is considered for prisoners who have demonstrated good conduct and have proven records of positive change in their behaviour.
Clemency or pardon
Article 49 of the Bangladesh Constitution grants the President the power of clemency. This includes the authority to issue a presidential pardon, which allows the President to fully release a convicted person from their sentence and conviction. Your lawyer will be able to share more information about the clemency process.
Release and deportation
After you are granted bail by the court, the court will send the bail bond to the prison authority. The prison authority will verify the bail bond, and you will be released after a satisfactory verification. The court may order your deportation on completion of your sentence or on acquittal. If this is the case, local authorities will make arrangements for your deportation, and this can take time.
You can contact the British High Commission if you need help when you’re released.
Flights to the UK
Once the deportation is approved the local authorities will book your flight to the UK. This can sometimes take a long time to be arranged, and you may need to pay for your flight.
Getting a passport
Make sure your British passport is still in date. Contact the British High Commission before you’re released if you need an emergency passport for your journey home.
Useful Bangla words and phrases
Important phrases
- I would like to see a doctor / Ami ekjon daktarer shathe dekha korte chai
- I would like to contact the consulate / Ami consulate-er shathe jogajog korte chai
- I would like to contact my lawyer / Ami amar lawyer-er shathe jogajog korte chai
Useful legal terms
| English | Bangla |
|---|---|
| Plaintiff | Abhijogkari |
| Defendant | Bibadi |
| Judge | Bicharak |
| Lawyer | A’inajibi |
| Court | Adalat |
| Evidence | Praman |
| Affidavit | Halaf nama |
| Bail | Jamin |
| Warrant | Greftari parawana |
| Charge Sheet | Abhijog patra |
| Cross-examination | Jiggashabad |
| Judgment | Ray |
| Appeal | Appil |
| Contempt of Court | Adalat Obomanona |
| Convict | Doshi |
| Under trial | Bicharadhin |
| Remand | Remand |
| Sentence | Shaja |
| Discharge | Mukti |
Numbers
| English | Bangla |
|---|---|
| 1 | Ek |
| 2 | Dui |
| 3 | Tin |
| 4 | Char |
| 5 | Pach |
| 6 | Chhoy |
| 7 | Sat |
| 8 | Aṭh |
| 9 | Noy |
| 10 | Dosh |
| 11 | Egaro |
| 12 | Baro |
| 13 | Tero |
| 14 | Choddho |
| 15 | Ponero |
| 16 | Sholo |
| 17 | Shotero |
| 18 | Atharo |
| 19 | Unnish |
| 20 | Bish |
| 40 | Chollish |
| 50 | Ponchash |
| 100 | Ek Sho |
| 250 | Dui Sho Ponchash |
| 500 | Pãch Sho |
| 1000 | Ek Hazar |
Food
| English | Bangla |
|---|---|
| Apple | Aapel |
| Meat | Mangsho |
| Milk | Dudh |
| Banana | Kola |
| Orange | Komla |
| Fruit | Fol |
| Rice | Bhat |
| Vegetables | Shobji |
| Juice | Foler rosh |
| Bread | Ruti / Bread |
| Chicken | Murgi |
| Tea | Cha |
| Egg | Dim |
| Water | Pani |
| Coffee | Kofi |
| Jam | Jam/Jelly |
| Lentil | Daal |
| Sugar | Chini |