ASK calls denial of parole to undertrial detainee ‘inhuman and unconstitutional’

Published : Sunday, 25 January, 2026 at 7:55 PM Count : 104

Human rights organisation Ain o Salish Kendra (ASK) has condemned the authorities’ refusal to grant parole to an undertrial detainee to attend the funeral and burial of his deceased wife and nine-month-old infant, calling the decision a clear violation of the Constitution and international human rights law.

In a statement issued on Saturday, ASK said Jewel Hasan Saddam, president of Bagerhat Sadar Upazila Chhatra League and currently held at Jessore Central Jail, was denied parole despite a formal application submitted by his family. Instead, prison authorities reportedly allowed him to see the bodies of his wife and child for only a few minutes at the prison gate.

ASK said the incident constituted cruel, inhuman, and degrading treatment, in violation of Article 35(5) of the Constitution, which prohibits such conduct. The organisation noted that as an undertrial prisoner, Saddam remains entitled to all constitutional protections.

The rights body also referred to Articles 27 and 31 of the Constitution, which guarantee equality before the law and the right to legal protection, stating that these safeguards cannot be suspended in humanitarian emergencies such as the death of close family members.

ASK further pointed to a parole policy issued by the Ministry of Home Affairs on June 1, 2016, which allows convicted and undertrial prisoners to be released on parole for a specific period following the death of close relatives, including spouses and children. While parole decisions fall under administrative discretion, ASK said such discretion cannot be exercised arbitrarily or without justification.

“The failure to apply this policy despite a formal application appears contrary to the purpose of the law and principles of fair administrative process,” the statement said.

The organisation also cited Bangladesh’s obligations under the International Covenant on Civil and Political Rights (ICCPR), particularly Articles 7 and 10(1), which prohibit inhuman treatment and require humane and dignified treatment of all persons deprived of liberty.

ASK demanded that the authorities explain under which law or executive order parole was denied in this case, stressing that transparency and accountability are integral to the rule of law.

“The silence of the prison authorities and the concerned administration raises serious questions of arbitrariness and discrimination,” the statement added, noting that the precedent set by the incident is incompatible with a constitutional, democratic, and human rights–respecting state.

FP/MI