Emergency powers and caretaker government in Bangladesh

The present caretaker government, seemingly backed by the military, has been running Bangladesh under a state of emergency since early January 2007. Like the constitutions of most countries, the Bangladesh Constitution contains provisions for a state of emergency to deal with natural disasters, civil unrest or outbreak of war or war-like situations. After the events of September 11, 2001, many developed countries have passed laws, for example, extending powers to arrest, search, detain and interrogate suspects, which are normally associated with a state of emergency, as a tool to combat terrorism. During the period of emergency, certain protections guaranteeing fundamental rights are either restricted or suspended, or even compromised. In many countries, ncluding Bangladesh, a state of emergency is often used as a tool to suppress criticism and opposition to the regime in power. It is mostly used for political persecution, including torture, in gross violation of human rights. Consequently, imposition of a state of emergency has serious political and legal ramifications. It transcends various branches of law, especially, international law, constitutional law and criminal law. This paper will analyse the declaration of a state of emergency from a constitutional law point of view and discuss whether this is an abuse of constitutional power and the political process. The aim of this paper is to argue the case for strengthening the political constitution by devising institutions and developing certain international standards to prevent future abuses, given the wide use of emergency powers throughout the world.