Compensation for Victims of Wrongful Conviction: Need Proper Guidelines in Bangladesh

Abstract

Wrongful convictions are distressing miscarriages of justice that not only cause significant harm to the wrongfully convicted individuals but also have far-reaching consequences for their families and society as a whole. In Bangladesh, like in many countries, instances of wrongful convictions have been documented, highlighting the urgent need for a robust compensation framework to address the injustices faced by these individuals. This paper examines the current state of compensation for victims of wrongful convictions in Bangladesh and highlights the inadequacies in existing guidelines. Through an analysis of international best practices and legal frameworks in other jurisdictions, it identifies key components necessary for an effective compensation system. The study also explores the impact of wrongful convictions on the lives of those affected and the wider implications for the criminal justice system's credibility and public trust. The paper emphasizes the importance of statutory provisions that outline the criteria for eligibility, the process of filing claims, and the determination of compensation amounts. Special attention is given to the significance of independent review mechanisms and expert evaluations to ascertain innocence and assess the damages suffered by the wrongfully convicted. The proposed guidelines aim to strike a balance between compensating the wrongfully convicted for the injustices endured and safeguarding against potential abuses of the system. Drawing upon experiences from other jurisdictions, this paper outlines recommendations for legislative reforms, institutional capacity building, and public awareness campaigns to promote a fair and just compensation system in Bangladesh. As a result, the implementation of proper guidelines for compensating victims of wrongful convictions in Bangladesh has the potential to restore faith in the criminal justice system, uphold human rights, and foster a more equitable society for all.