Campaign
One-million signatures campaign for
STOP TORTURE & EXTRA JUDICIAL KILLING IN BANGLADESH
By Syed Jahed Hossain, Human Rights Activist
This is a campaign by Syed Jahed Hossain, Human Rights Activist, to collect one million signatures in support of Stop Torture & Extra Judicial Killing in Bangladesh.
One Goal:
The campaign seeks to secure equal rights for everybody, Stop Torture, Extra Judicial Killing and other forms of violence.
My View:
I am a simple person. I need the voice of others like me, to stand against violence in our world. Unless, we think and act united, to preserve world peace, our future is uncertain at the hands of terror and bloodshed. Our dream is to secure a world, where our future generation is free from violence, where there is innocence amongst children, where their sweetness grows and they laugh and sleep without fear.
In my opinion, each and every one of us, is primarily a Citizen of the Earth, first, then of his/her country. Making this world peaceful place requires the efforts of every common person, so as to enjoy its benefits. We are lucky to living in comfortable homes, eating three square meals per day, having our kids educated from good schools and having source of income. But there are millions who are deprived of these basic necessities. My attempt here is to give you a glimpse of what people in Bangladesh are going through every day, at present.
Mr. Hugo Swire Statement:
On 05 March 2015, Foreign Office Minister Hugo Swire urges an end to the last 60 days of violence and disruption in Bangladesh.
Hugo Swire said: Britain has long been a close friend of Bangladesh. I am therefore particularly saddened about the last 60 days of violence and disruption which has had such an impact on the livelihood, education and security of so many Bangladeshi people. There is no place for this in a democratic Bangladesh.
The UK urges all of Bangladesh’s political parties, the Government and others in society, to take the confidence-building measures necessary to stop the violence, to reduce tension and to ensure an inclusive and participatory political process.
Issue:
Bangladesh is a parliamentary democracy but has spent fifteen of its forty years of independence under military or military-supported rule. The state’s ability to finance and provide services effectively remains weak, and is threatened by unstable politics and corruption.
My Mission:
As well as collecting a million signatures to support reform of the law, the Campaign, in its own words, also aims to achieve the following:
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Promotion of human rights through awareness building;
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Promotion ofcollaboration and cooperation for social change, identification of victim’s needs and priorities, amplifying democracy, Increasing knowledge, promoting democratic action.
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Lobbying for incorporation and ratification of various international instruments by the government and also for the enactment of human rights friendly laws and necessary amendments of existing laws;
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Fighting against impunity and working for the prevention of torture and enforced disappearances;
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Fostering mass awareness on rights and duties;
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Strengthening the human rights movement and establishing participatory democracy and good governance in Bangladesh;
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Enhancing institutional capabilities of individual groups, organisations and agencies on human rights issues;
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Lobbying and campaigning for people’s participation in governance and also for introducing participatory democracy;
Origin:
Bangladeshi Human Rights activist Syed Jahed Hossain in UK started the Campaign, to follow up a peaceful protest. Similar signature campaigns have been held in other countries. Specifically, women in Morocco held a “One Million Signature” campaign for women’s rights in 1992.
Legislation:
In November 2013, the Torture and Custodial Death (Prevention) Bill was passed in the Parliament, which was previously introduced in 2009 by an Awami League
Persecution:
Activist of this movement have been attacked and tortured by the Bangladesh government in 1999. The campaign has had to extend its one-year target to collect the full number of signatures.
Statement of the Problem:
Bangladesh started its journey as an independent country with constitutional and political commitment to safeguard the human rights for all its citizens. Unfortunately, what we have been witnessing over the years is a serious disregard for this commitment without any exception whether the country was ruled by a ‘democratic’, ‘military’ or ‘civilian military’ government. Lack of respect for democratic norms and values, denial of space for opposing political views, and marginalizing the weaker sections of the society (religious and ethnic minorities, extreme poor such as slum dwellers, etc) have created the conditions that allow different state organs and powerful sections of the society to violate human rights more or less on a routine basis, without any accountability. There are laws against all kinds of human rights violations but the policing and justice systems are weak and often subservient to the government of the day. The violators‟ in most cases go scot-free because they either belong to the ruling party/clique or have enough money and influence to escape the net of justice. Now-a-days law enforcement agencies are being puppets of the government. Here the government does not take any investigation about the extra judicial killing because the government does this for their own gain.
Torture & Extrajudicial killing:
Torture is a serious violation of human rights and it cannot be justified under any circumstances. Despite the claim of ‘zero tolerance’, the Government has not taken steps or effective measures to curtail it and other forms of custodial violence by law enforcement officers. It is hoped that the new torture prevention law will play an effective role in controlling such an offence. The Government of Bangladesh to combat impunity for torture and provide justice to the victims by also implementing a comprehensive anti-torture policy. In particular the Government is encouraged to make the eradication of torture and the punishment of all perpetrators of torture a specific policy goal, effective implementation of the anti-torture law.
Every day, we watch the happenings in the news, about Bangladesh that people are killed by Rapid Action Battalion (Rab) or police of terror which is known to us as extra judicial killing. The security forces are continuing to arbitrarily arrest people, often torturing and then killing them in custody.
Extrajudicial killing is an arbitrary or unlawful deprivation of life and simply a murder. Bangladesh has earned notoriety in carrying out extrajudicial killings. The rights to life and personal liberty are under threat in Bangladesh, despite the fact that they are guaranteed by the Constitution of the People’s Republic of Bangladesh. Article 32 says: “no person shall be deprived of life or personal liberty, save in accordance with law”. According to the International Covenant on Civil and Political Rights, “every human being has the inherent right to life”. The Covenant also says: ‘this right shall be protected by law. No one shall be arbitrarily deprived of his life. However, this continues with mere name change, such as, ‘cross-fire’, ‘encounter ‘, ‘gunfight’ killings.
In many cases, no trace of counter shootings was found and it seems that a majority of the victims were shot dead by law enforcement agencies. Such type of killing continue, despite repeated assurance to stop.
Some examples of torture & extra judicial killing are giving here:
Case: 1
On Saturday evening, Mohammed Emdadullah, a student of statistics at the Dhaka College in the Bangladeshi capital, was picked up by the police along with 11 others during a patrol in the city’s bustling Mirpur neighbour hood. Shortly afterwards, his elder brother Anwarullah received a call from a police officer asking if Mohammed was involved in the opposition, and inquiring about his own occupation. Anwarullah denied that Mohammed was an activist but acknowledged that he himself worked in a bank linked to the Islamist party Jamaat-e-Islami. The official hung up; attempts to return the call went unanswered.
The next morning Emdadullah was dead, the accidental victim of a shootout, police claimed. He had been hit with three bullets to the chest.
The 22-year-old was a neighbour hood leader in the Islami Chhatra Shibir, the student wing of Jamaat-e-Islami, one of the opposition 20 parties currently waging protests against the Bangladeshi government. He had been detained in the possession of two-liter water bottles and two petrol bombs, and taken out with officers “in a bid to arrest his cohorts in the area,” Masudur Rahman, deputy commissioner of Dhaka Metropolitan Police told the press. But those “cohorts” opened fire, leading to an exchange of shots. Emdadullah was hit by stray bullets and died instantly; his associates managed to flee.
But his family disputes that version of events as a fabrication. “Being confirmed about his identity, police killed him and cooked up the story of a gunfight to cover up the murder,” Anrawullah alleged to The Daily Star newspaper.
Emdadullah is one of 11 people who have died in police custody in the past 26 days, ever since the opposition alliance initiated mass protests, crippling Bangladesh with a program of strikes and blockades. All of them were reported killed in “shootouts.”
Bangladesh has been convulsed by mass protests and unrest sparked by the January 5 detention of Bangladesh Nationalist Party (BNP) leader Khaleda Zia and other senior opposition figures, who were planning a large rally to demand fresh elections after last year’s disputed vote. 45 people have since died in clashes and arson attacks, while the government has launched a sweeping crackdown, arresting 7000 opposition activists in the first fortnight of protests alone.
The deaths in police custody have been denounced by human rights activists as “extrajudicial killings.” And observers fear they will only increase the already deep gulf between the government and the opposition, complicating any solution to the country’s present political impasse.
“You will see that the script of the story is usually the same for every single death under custody, with only the characters changing during each incident,” Fazlul Haque told VICE News. His brother Nurul Islam was killed in similar circumstances during the early hours of January 28 in the city of Rajshahi while in the custody of the police’s Detective Branch (DB).
Case: 2
Nurul Islam, a lecturer of Islamic Studies at Islamia Degree College in Rajshahi, was allegedly a leader of Jamaat-e-Islami. He was picked up by a team of detectives from his printing press at around 9pm on January 27.
“After hearing of his arrest, we went to the DB office around 11:00pm where the officials assured us that they will be placing him in court the next day,” recalled Haque. “We even saw my brother who was in good health,” he added.
But the next morning, the family was told that Nurul Islam had died during a “shootout.”
On January 28, Muhammad Shamsuddin, commissioner of Rajshahi Metropolitan Police (RMP) told the media that a DB team had taken Nurul Islam out to arrest his cohorts and recover firearms.
There, Nurul Islam’s accomplices opened fire and hurled several crude bombs while trying to snatch him away from the police, said Shamsuddin. “The DB men opened fire and during the shootout Nurul was hit by bullets. He was declared dead at Rajshahi Medical College Hospital a few hours later,” he said.
During the entire episode, two police constables were wounded while a revolver, five bullets and 10 crude bombs were recovered from the scene, according to the RMP. The RMP commissioner also claimed there had been 13 criminal cases pending against Nural, who they said had been leading an armed group of Jamaat-e-Islami’s student wing. But his brother denied this, insisting the charges were trumped up.
“The cases were filed under Motihar police station, when my brother did not even live there. He operated his business and resided in (the district of) Malopara. Hence, all the cases filed against him were false,” said Haque.
Haque also stressed that Nurul was a lecturer and had his own business. “He never was part of any subversive activities as the police are trying to insinuate,” he said.
Case: 3
A week earlier, on January 19, Nuruzzaman Jony, a leader of Jatiyatabadi Chhatra Dal, the student wing of the main opposition BNP, was arrested with two others by a team of Detective Branch (DB) officials in Dhaka.
According to Jony’s family members, the three were detained after going to the central jail to inquire about Moniruzzaman, Jony’s younger brother, who had been arrested the previous weekend over an arson attack on a bus during the ongoing protests.
Immediately after hearing that Jony had himself been detained, Yakub Hossain, his father and owner of an automotive workshop, visited the DB office and those of other law enforcement agencies to look for him. “They all told us that nobody by this name has been arrested,” Hossain told VICE News.
The next day, however, Hossain and family members learned that Jony was in the morgue of the Dhaka Medical College Hospital. His body had 15 bullet wounds.
Police told the media that Jony was accused in six cases involving the use of explosives and assaults on officers. They said that following his arrest and during interrogations, Jony had confessed to his crimes and given the names of others involved. At 2:30am on January 20, the detectives took Jony with them during a raid to arrest his associates.
DMP Deputy Commissioner Masudur Rahman told reporters that when the DB team reached the spot around 3:00am, they were fired upon, leading to a shootout. “Jony sustained bullet injuries falling in the line of fire,” he said.
“My son Jony was involved in politics. But he was not involved in attacks on common people,” said Hossain. There has been no trace of Jony’s two companions who were arrested with him, Hossain added.
Of the 11 people who died during alleged “shootouts” in police custody, six were opposition activists. The authorities have claimed that the other five were ordinary criminals.
Case: 4
On April 4, 2011, at around 2.30 am, Mohammad Shafiqul Islam (45), former Chairman of Ziarkandi Union Parishad under Comilla district, was shot dead by members of the CrimePrevention Company (CPC)-1 of RAB-11. The family of the deceased alleged that he wasshot dead by RAB at ChhotoKaramerchorDakshinpara village under AraihazarUpazila in Narayanganj after being picked up from Demra in the capital, Dhaka2.
Case: 5
On April 21, 2011 a medicine seller named MoniruzzamanRubel (28) died in police custodyat Tangail. MoniruzzamanRubel, son of DelowarHossain of Beparipara at Tangail alongwith his friend Shariful Islam were arrested on April 20, 2011 by Sub InspectorMosharafHossain and taken to Tangail Police Station. Elder brother of Rubel,IqbalHossainRussel, alleged that Rubel and Shariful were tortured in police custody andRubel died as a result. On April 22, 2011, a murder case had been filed with Tangail Police
Station by the deceased’s bother Iqbal Hossain Russel, accusing Sub Inspector Mosharaf Hossain and Assistant Sub-Inspector Shahjahan. The accused have been arrested under this case. [Jahangir Alam Akash, 2010].
The government of Prime Minister Sheikh Hasina has urged the security forces to act decisively to halt the ongoing violence in Bangladesh.
While addressing an evaluation meeting of senior police officials in Dhaka on January 29, Hasina said, “I’ll take the responsibility for whatever happens [due to police action]. But you’ll have to ensure the security of the common people. You’ll take whatever steps necessary against those responsible for burning and attacking people.”
Human rights activist Nur Khan told VICE News that the actions of both the government and opposition were “killing democracy in Bangladesh.” “Extrajudicial killings and arson attacks are encouraging a culture of fear that is stifling democracy. There may be no democracy in Bangladesh if this continues,” he said. He also criticised the government for cutting off the electricity and internet to BNP chairperson Khaleda Zia’s office on Saturday. Although power was restored after 20 hours, several ruling party leaders including Shipping Minister Shajahan Khan threatened to cut off supplies of gas, water and other utilities to Zia’s office unless she called off the ongoing strike and blockade in the country.
“The government needs to be more responsible at taking the first step towards a solution,” said Khan.
International human rights groups called for restraint by all sides in the standoff. Brad Adams, executive director of Human Rights Watch’s Asia branch, condemned the use of violence by police and by opposition supporters, as well as those who he said were taking advantage of the situation to attack people and property.
“The prime minister and other government officials need to tell law enforcement authorities they must use non-lethal force whenever possible,” he told VICE News. “Opposition leaders need to make clear calls to their supporters to stop arson and firebomb attacks. Those responsible for human rights abuses, including law enforcement, must be held legally accountable.”
The Bangladeshi government had engaged “in a serious of provocative and illegal actions” towards the opposition, he said, “arresting opposition officials and mistreating Khaleda Zia, including by de facto detaining her and cutting off her electricity, phone and internet.”
Political expert Professor Mohammad Shahiduzzaman said he feared that incidents of extrajudicial killings were “alienating the masses.” “We can see that the nation is becoming a police state. Historically, such stances never worked. This will push the country toward anarchy,” he told VICE News.
On 12 June 2013, a man named Waris Ali, died at Sylhet Osmani Medical College Hospital allegedly because of excessive torture in police custody in Chhatak upazila of the district.
On May, 22 a youth, Shamim Reza sand trader, died after police had tortured him for his failure to pay the money demanded for his release, said the victim’s relatives.
On May, 22 a youth, Shamim Reza sand trader, died after police had tortured him for his failure to pay the money demanded for his release, said the victim’s relatives.
The magistrate’s inquest report says Reza had marks of injuries in his face, hands and legs. He died of injuries inflicted by beating, sources in the morgue said.
According to a report of Amnesty International, RAB allegedly killed at least 54 people in 2011, bringing the total number of people killed since 2004 when RAB was formed to more than 700. RAB injured or tortured scores more.
In many cases, many family members claimed in different times that victims died after being arrested by RAB and not in an encounter as RAB claimed.
The authorities failed to investigate these incidents credibly. These killings or torture are the clear violation of the fundamental rights and as well as the universal human rights.
If we notice the case of Limon Hossain, aged 16, was shot in the leg by RAB personnel’s in Jhalakathi on 23 March, 2011. RAB officials alleged that he was a member of a criminal gang and that he was injured when RAB officers returned fire after the gang shot at them. Limon Hossain said he was alone, bringing cattle home, when RAB personnel arrested and shot him.
The conclusions of a separate government inquiry never made public reportedly confirmed his claim. The police charged Limon Hossain with trying to kill RAB officers. At last, for the collective movement of all human rights organisations, Limon has freed from all the cases filed by Rab.
All of the human rights organisations and concerned associations criticise this extra judicial killing. This is an offence which cannot be condoned by any peace-loving people. But this cannot be allowed, because every person has some fundamental rights. Article 31 of the Constitution of Bangladesh, guarantees the right to life and personal liberty and it is applicable to both citizens of Bangladesh and foreign nationals.
The people of Bangladesh have 23 fundamental rights as enshrined in the Constitution. The fundamental rights are prescribed in the Bangladesh Constitution Article 26 to 47A.
Extrajudicial killings by law-enforcement agencies are an old story in Bangladesh. In 1972, the paramilitary Jatiya Rakkhi Bahini came into force and it was accused of extra judicial executions until it was absorbed into the army in 1975.
Now, since the formation of the Rapid Action Battalion (RAB) in March 2004, such killings are again on the rise In form of ‘encounters’ etc.
Though there is no legal definition of extrajudicial killing, if a death is caused by a law-enforcement official without following the legal rules or due judicial process, it can be called extrajudicial.
“Crossfire” is an extrajudicial execution that is done in defiance of Bangladesh`s Constitution and the international human rights conventions, to which the country is a party. Although some people believe that extrajudicial killing of cynical criminals helps ease the problem of “terrorism,” in reality it aggravates the lack of control and “state terrorism.”
In different countries across the world, people in power have created a feeling that killing “terrorists” without bringing them to justice can help curb “terrorism.” But such extrajudicial killings, in fact, can neither bring peace nor eradicate “terrorism.”
In Bangladesh, the law says minimum force should be used to arrest a person and every person has the right to seek a trial. In the cases of “crossfire” and “encounters,” however, we see these legal requirements are totally ignored.
Article 31 of the Constitution of Bangladesh states: “To enjoy the protection of law, and to be treated in accordance with law, is the absolute right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular, no action unfavourable to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”
Article 32 ensures the protection of right to life and personal liberty in accordance with the law. Because of the consequences of such dispossession, the drafters of the Constitution made this specific stipulation of safety, even though these rights were already covered by Article 31.
What is inherent in Articles 31 and 32 is the right to access to justice, and it cannot be said that this right has been dealt with in accordance with the law unless a person has a reasonable opportunity to approach the court with the proof that their right is violated. Even a deserter is entitled to legal defence when the death penalty is involved.
But, in practice, the government of Bangladesh apparently fails not ensure the right to life or to comply with the Universal Declaration on Human Rights and the Constitution of Bangladesh.
The barbaric practices of extra-judicial killings and custodial torture have existed and still exit in many countries of the world. In Bangladesh, these practices started right after the country’s independence and have continued till today, with different intensities at different times. The elite
„RAB‟ was formed by the last BNP government in 2004 to fight serious crimes along with the police forces. They were successful to some extent in their stated missions including the arrests of some notorious militants and criminals, but in many cases they were alleged to have tortured detainees and killed many suspected criminals and extreme left wing‟ activists without any trial (cross fire‟, encounter‟, shootout‟, or gunfight‟). This unlawful practice reached a new height during the caretaker government which was mainly a semi-military regime (2007-2008), and this has alsocontinued during the present AL government.[ Dr. K. M. A. Malik 2010] Article 33 of BD constitution, Article 9 of UDHR, Article 9 of ICCPR, and Article 8 of ICESCR, safeguards as to arrest and detention.
According to the human rights forum „Law and Salish Centre‟, during the first year of AL rule (January-December, 2009), total 229 persons were killed by crossfire. The other organization „Odhikar‟ puts the number of extra- judicial killings by law enforcers at 154 for the same period. Of these people, “41 were reportedly killed by RAB, 75 by police, 25 jointly by the RAB-Police, 3 by Army, 2 by Ansar, 1 by Jail Police and 1 by Forest Guards, 5 were under the custody of BDR and 1 was a coast guard. Ofthe 154 killed, 35 were killed while they were in custody of the law enforcement agencies.” The number given by „Odhikar‟ is lower than that cited by the „Law and Salish Centre‟, but the exact figure, probably much higher than those reported in the media, may never be known.
These Extrajudicial killings have never been a good policy to controls the crimes. Many countriessuch as India, Srilanka, Pakistan, Russia, Thailand etc. were using this tool to control the environment but over the times they was failed to prove its logics. In Bangladesh, this policy is cried out when RAB was formed. Primarily it was coming out with some success but over the time it creates the fearamong the people due to its unwise, negative uses. In the end which diminishes public faith on judicial system of Bangladesh.
The power of RAB is greater than the government. RAB is another black chapter in Bangladesh. 161 people were killed extra judicially in Bangladesh under the present Awami League government.
A few human rights organizations have long been asking the government to stop the killings, terming them “extrajudicial”. Moreover, the High Court of Bangladesh, on June 29, 2009, asked the government to explain why killing people without a trial, in the form of extrajudicial killings, is not being declared as illegal, and why measures are not being taken against the perpetrators. After this ruling, we still haven’t seen anything happen.
Extrajudicial killings continue even in violation of the High Court’s ruling. How can they continue? It’s very alarming for human rights, democracy and the right to life. And why is the High Court silent regarding this gross human rights violation?
Both governmental and nongovernmental sources have said that the death toll has reached 161 from such extrajudicial killings – labeled as “crossfire” killings, “encounter” killings or “gunfight” killings by the Rapid Action Battalion (RAB) and the police – since January 6, 2009 (from January 6, 2009 to March 21, 2010) when the Awami League-led government assumed office. In Bangladesh, we have a so-called democracy, but there is no rule of law. Every day sees more killings of citizens by the state machinery, killings which are both well-planned and covered up.
The government of Bangladesh has been violating the constitution and the Universal Declaration of Human Rights day after day since 2002 (including operation clean heart). In 2004, the BNP-Jamaat government made a decision about extrajudicial killings and formed the RAB. From March 26, 2004 until March 21, 2010 around 1,700 people (including 58 killed peoples in operation clean heart in 2002) have been killed without justice.
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According to the Bdnews24.com, Sheikh Hasina talked with journalists in New York on Sept. 27, 2009. Referring to “crossfire” killings at the time, she said, “I do not believe in extrajudicial killings. But if anyone launches an armed attack (against a law enforcer), then they shouldn’t be allowed to kill them like sitting ducks.”
Bangladesh’s elite Rapid Action Battalion continues to engage in extrajudicial killings despite Supreme Court directives to halt it. Although the court is handling the issue of extrajudicial killings, RAB does not seem to be bothered either about the judiciary or the country’s laws.
At least 29 people were killed in RAB’s custody since the court issued a suo moto order on Nov. 17, last year asking the government for an explanation into such types of killings. The High Court on Dec. 14, last year expressed grave concern over the recurring extrajudicial killings even as 11 people were killed in custody since the issuance of a suo moto order on Nov. 17, asking the government for an explanation on the matter.
During the court hearing, the Attorney General was asked to convey the court’s concern to the director general of RAB. The High Court also asked the Attorney General to take initiatives so that no such killings took place till the next hearing scheduled for January 9. In addition, the HC also asked the state’s top law officer for the names of RAB officials of Madaripur that were involved in detaining two brothers Lutfor and Khairul Khalasi who were killed on November 16. Later we heard that, that particulars bench of the High Court has broken by the Chief Justice before hearing. Why, we don’t know?
When the present ruling Awami League party was in opposition, they often raised their voices against extrajudicial killings. Not only that, during the last general election, which brought them to power, they often said that extrajudicial killings should be stopped. Prime Minister Sheikh Hasina also told the international community that her government did not support extrajudicial killings. Indeed, the government’s attitude, work and words on this issue of crossfire are unfortunately inappropriate.
The assertions of responsible people in the present government are shocking. Home minister Sahara Khatun recently said that, there was no crossfire. It seems, either directly or indirectly, the home minister and other ministers are defending the perpetrators of such “crossfire” killings. Finally we can say that, in Bangladesh has no rule of law.
On the other hand, Police has closed a photography exhibition on extra-judicial killings around an hour before it was scheduled to start at Drik Gallery in the city’s Dhanmondi of Bangladesh on 22nd March, 2010. According to the daily Star (23 March, 2010), a contingent of police went to the Drik Gallery building around 3:00pm and barred the invited guests and visitors from entering the building. The police also did not allow anybody to come out of the building, said a Drik Gallery source. Though two exhibitions are going on the first and the second floors of the building, the police only wanted to know whether the organisers have permission for the exhibition on “crossfire” from the authorities concerned. However, in the face of police interference, the exhibition was inaugurated by Indian rights activist Mahasweta Devi on the road in front of Drik Gallery at the scheduled time at 4:00pm. Officer-in-Charge of Dhanmondi Police Station Shah Alam said they have closed the exhibition first, as the organisers did not have any permission for the exhibition and secondly, as such an exhibition may cause fear in public and deteriorate the law and order. Shahidul Alam who set up the exhibition said,” Police asked me whether I have permission for the exhibition. Crossfire for which police do not need permission, then why should I have permission for the exhibition?” He also said, they have organised thousands of exhibitions since 1993 and they never required any permission. Some of those exhibitions were even inaugurated by the present and former prime ministers. “We organised the exhibition to raise awareness and draw the government and the court’s attention to the extra judicial killings through art, Shahidul told.
We want to say that the reports of so-called “crossfire”, “encounter” or “gunfight” killings that are done by the RAB and the police are totally false. We believe that terrorism should never be combated or controlled through state killings. It is the establishment of the rule of law that is essential to control terrorism.
A few human rights organizations have long been asking the government to stop the killings, terming them “extrajudicial”. Moreover, the High Court of Bangladesh, on June 29, 2009, asked the government to explain why killing people without a trial, in the form of extrajudicial killings, is not being declared as illegal, and why measures are not being taken against the perpetrators. After this ruling, we still haven’t seen anything happen.
Extrajudicial killings continue even in violation of the High Court’s ruling. How can they continue? It’s very alarming for human rights, democracy and the right to life. And why is the High Court silent regarding this gross human rights violation?
Both governmental and nongovernmental sources have said that the death toll has reached 161 from such extrajudicial killings – labeled as “crossfire” killings, “encounter” killings or “gunfight” killings by the Rapid Action Battalion (RAB) and the police – since January 6, 2009 (from January 6, 2009 to March 21, 2010) when the Awami League-led government assumed office. In Bangladesh, we have a so-called democracy, but there is no rule of law. Every day sees more killings of citizens by the state machinery, killings which are both well-planned and covered up.
The government of Bangladesh has been violating the constitution and the Universal Declaration of Human Rights day after day since 2002 (including operation clean heart). In 2004, the BNP-Jamaat government made a decision about extrajudicial killings and formed the RAB. From March 26, 2004 until March 21, 2010 around 1,700 people (including 58 killed peoples in operation clean heart in 2002) have been killed without justice.
.
According to the Bdnews24.com, Sheikh Hasina talked with journalists in New York on Sept. 27, 2009. Referring to “crossfire” killings at the time, she said, “I do not believe in extrajudicial killings. But if anyone launches an armed attack (against a law enforcer), then they shouldn’t be allowed to kill them like sitting ducks.”
Bangladesh’s elite Rapid Action Battalion continues to engage in extrajudicial killings despite Supreme Court directives to halt it. Although the court is handling the issue of extrajudicial killings, RAB does not seem to be bothered either about the judiciary or the country’s laws.
At least 29 people were killed in RAB’s custody since the court issued a suo moto order on Nov. 17, last year asking the government for an explanation into such types of killings. The High Court on Dec. 14, last year expressed grave concern over the recurring extrajudicial killings even as 11 people were killed in custody since the issuance of a suo moto order on Nov. 17, asking the government for an explanation on the matter.
During the court hearing, the Attorney General was asked to convey the court’s concern to the director general of RAB. The High Court also asked the Attorney General to take initiatives so that no such killings took place till the next hearing scheduled for January 9. In addition, the HC also asked the state’s top law officer for the names of RAB officials of Madaripur that were involved in detaining two brothers Lutfor and Khairul Khalasi who were killed on November 16. Later we heard that, that particulars bench of the High Court has broken by the Chief Justice before hearing. Why, we don’t know?
When the present ruling Awami League party was in opposition, they often raised their voices against extrajudicial killings. Not only that, during the last general election, which brought them to power, they often said that extrajudicial killings should be stopped. Prime Minister Sheikh Hasina also told the international community that her government did not support extrajudicial killings. Indeed, the government’s attitude, work and words on this issue of crossfire are unfortunately inappropriate.
The assertions of responsible people in the present government are shocking. Home minister Sahara Khatun recently said that, there was no crossfire. It seems, either directly or indirectly, the home minister and other ministers are defending the perpetrators of such “crossfire” killings. Finally we can say that, in Bangladesh has no rule of law.
On the other hand, Police has closed a photography exhibition on extra-judicial killings around an hour before it was scheduled to start at Drik Gallery in the city’s Dhanmondi of Bangladesh on 22nd March, 2010. According to the daily Star (23 March, 2010), a contingent of police went to the Drik Gallery building around 3:00pm and barred the invited guests and visitors from entering the building. The police also did not allow anybody to come out of the building, said a Drik Gallery source. Though two exhibitions are going on the first and the second floors of the building, the police only wanted to know whether the organisers have permission for the exhibition on “crossfire” from the authorities concerned. However, in the face of police interference, the exhibition was inaugurated by Indian rights activist Mahasweta Devi on the road in front of Drik Gallery at the scheduled time at 4:00pm. Officer-in-Charge of Dhanmondi Police Station Shah Alam said they have closed the exhibition first, as the organisers did not have any permission for the exhibition and secondly, as such an exhibition may cause fear in public and deteriorate the law and order. Shahidul Alam who set up the exhibition said,” Police asked me whether I have permission for the exhibition. Crossfire for which police do not need permission, then why should I have permission for the exhibition?” He also said, they have organised thousands of exhibitions since 1993 and they never required any permission. Some of those exhibitions were even inaugurated by the present and former prime ministers. “We organised the exhibition to raise awareness and draw the government and the court’s attention to the extra judicial killings through art, Shahidul told.
We want to say that the reports of so-called “crossfire”, “encounter” or “gunfight” killings that are done by the RAB and the police are totally false. We believe that terrorism should never be combated or controlled through state killings. It is the establishment of the rule of law that is essential to control terrorism.
The government should be active to protect extra judicial killing.
*The police should be followed the rules of arrest.
*The police may be allowed to arrest on suspicion only after collecting some relevantmaterial/evidence in support of the arrest without warrant.
*The police must be required to effectively notify the relatives of the arrestee about the time, place of arrest and venue of custody within the shortest possible time, preferably not exceed 12 hours after arrest.
*The competent magistrates may be authorized to release an arrested suspect should thearresting police fail to file a case within a specified short period of time, preferably within 48hours from arrest.
*The lawyers(s) of the victim‟s choice must be allowed to meet him/her as early as possible and stay there during interrogation.
*Increase public awareness.
*The government should cooperate with the human rights organization.
The investigation of extra judicial killing should done by other person like magistrate not bythe police authority.
The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the increasingly common practice of extra-judicial killings by law enforcement agencies in Bangladesh. The police and Special Forces, established to reduce the crime rate, have stated that these deaths were the result of crossfire and that it was the victims who fired first. Many questions are rounding in our minds. Because, High Court orders, national and international voice against extra judicial killings, Constitution, Universal Declaration of Human Rights nowhere allowed killings and torturing.
Violation Of Law:
Article 31 of the constitution of Bangladesh states: “To enjoy the protection of law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”
The constitution’s Article 32 ensures the protection of the right to life and personal liberty in accordance with the law. Because of the consequences of such deprivation, the drafters of the constitution made this specific provision of protection even though these rights were already covered by Article 31. Each case of encounter killing causes hamper to democracy and the rule of law. The existing legal framework does not allow encounter killing. Such a concept cannot co-exist with constitutionalism, rule of law and the principles of democracy.
On the one hand, the government has guaranteed a ‘Zero tolerance’ to extra-judicial killings, but on the other hand, it doesn’t take any action against the personnel of security forces that violates these rights. Diminishing The Faith Of The People:
One of the principles of law is that “man cannot be the judge of his own cause.” Extrajudicial killing, i.e., crossfire’s, shootouts and encounters, would violate this legal principle. Our legal system is based on the principle that an independent, fair and competent. Judiciary will interpret and apply the laws that govern us. Everyone must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The Code of Judicial Conduct is intended to establish standards for the code of ethical conduct of judges.
Judicial system should be symbol of justice. Every people should keep faith and believe in this.But situation arises such that the countrymen are scared of their own future.
Steps Should Be Taken By The Government:
Some of the steps that government should take to stop those killings are given below:
Independent judicial inquiries into these killings should be carried out.
Government should always follow the legal rules or due judicial process.
Ensure the right of every individual to a fair trial.
Government should always follow the constitution and never violate these.
Government also follow the instruction of The Universal Declaration of Human Rights and other organizations which are working for human rights.
Government must also establish an effective mechanism whereby victims and their families can lodge complaints regarding these killings.
Government needs to establish a special and independent agency designed solely for the purpose of investigating these cases of extra-judicial killings.
Full punishment must be laid against them if it is found that they are guilty of such deaths. Compensation should be provided to the victim’s families and giving proper security of their normal life.
Ref:
Prothom Alo, BDnews, Odhikar, Human Rights Watch
