Bangladesh: Promoting non-custodial measures to address prison overcrowding

Dhaka, Bangladesh/12 January 2025: Imagine being stuck in a cramped, overcrowded cell, waiting for a trial that could take years to come. For many prisoners around the world, this is a harsh reality.

But what if there was another way? What if, instead of being locked behind bars, those accused of crimes could continue their lives in the community while still facing consequences for their actions?

Non-custodial measures (NCM)—alternatives to imprisonment—are gaining global recognition as effective tools to enhance justice systems while addressing the persistent issue of prison overcrowding. In countries like Bangladesh, where prisons are overwhelmed, the introduction of NCM offers a path toward a more balanced and humane criminal justice approach.

In this context, 30 criminal justice actors—judges, prison officials, police officers, and legal professionals—were trained on Non-Custodial Measures by UNODC and the Judicial Administration Training Institute (JATI) in Dhaka, with the support of the British High Commission, Bangladesh and the UK’s Foreign, Commonwealth, and Development Office (FCDO).

Bringing together criminal justice actors in one forum to discuss and explore alternatives to imprisonment is key to addressing overcrowding in our prisons and strengthening our justice systems,” said Mr. Tim Duckett, Political Counsellor and Head of the Governance and Political Team at the British High Commission Dhaka.

Discussions emphasized practical methods and legal frameworks to reduce prison overcrowding, ensure better rehabilitation and give offenders a chance to reintegrate into society.

Mr. Md. Shahid Chowdhury, Assistant Director, (Senior Assistant Judge) Bangladesh Legal Aid Services Organizations, Dhaka said that the training equipped him with the knowledge and tools necessary to apply NCM more effectively. Another participant added, “This training helps us better understand the concept of NCM, decriminalization, diversion and their application procedures in different countries of the world.”

Some participants acknowledged the urgency of prison reform, but also voiced concerns about public perceptions.

No one should be in custody before trial or without trial. Non-custodial measures are a step in the right direction, but I fear using them too frequently because there’s a lack of authority to supervise these cases effectively,” said Mr. K. M. Mahiuddin, Additional Chief Metropolitan Magistrate. Mr. Md. Ziadur Rahman, another Additional Chief Metropolitan Magistrate in Dhaka, added, “For NCM to succeed, we must build public awareness. The public must understand that those on non-custodial measures are still being held accountable.”

Mr. Felipe Ramos, Head of Office a.i. at UNODC Bangladesh underscored the alignment of NCM with Sustainable Development Goal (SDG) 16, particularly indicator 16.3.2, which tracks unsentenced detainees as a proportion of the prison population.

With a clearer understanding of how to apply these alternatives, participants are now better prepared to make decisions that balance justice with rehabilitation. Moving forward, continued collaboration between the judiciary, law enforcement, and civil society will be crucial in ensuring that these measures are not just theoretical but actively used.

This activity contributed to SDG 16 and SDG 17: https://sdg-tracker.org/

(Supported by the UK Foreign, Commonwealth and Development Office and British High Commission, Bangladesh)