International Journal of Environmental Planning and Management, Vol. 2, No. 4, August 2016 Publish Date: Jul. 27, 2016 Pages: 20-28

Extrajudicial Killings: The Violation of Human Rights in Bangladesh

Md. Kamruzzaman1, 2, 4, *, Md. Bashir Uddin Khan2, Shashi Kanto Das3

1School of Victimology and Restorative Justice, Institute of Social Welfare and Research, University of Dhaka, Dhaka, Bangladesh

2School of Criminology and Police Science, Mawlana Bhashani Science and Technology University, Tangail, Bangladesh

3School of Criminology, University of Dhaka, Dhaka, Bangladesh

4School of Law, National University, Gazipur, Bangladesh

Abstract

Respect for human rights lies at the heart of good governance. In a democratic society, it is the responsibility of the State to protect and promote human rights. All State institutions whether they are the police department (RAB), the army, the judiciary or civil administration have a duty to respect human rights, prevent human rights violations, and take active steps for the promotion of human rights. Unfortunately, many a time, while discharging this duty, actions of the Rapid Action Battalion (RAB) conflict with human rights. They are pressured to get quick results, often with unofficial guarantees that they may use any means possible to accomplish the task at hand. However sometimes they abuse their power by the name of "Crossfire or Extra judicial Killing" which is the violation of Human Rights frequently occurred in Bangladesh. The main objective of the study is to explain the nature of Cross Fire in Bangladesh. This is qualitative study and data were collected from various secondary sources which included police statistics, the United Nations special procedure mandate holders various non-governmental organization’s information and also daily newspaper from many aspects of incidents.

Keywords

Human Rights, Crossfire, RAB, Bangladesh


1. Introduction

In the events of contemporary law enforcement issues in Bangladesh the emergence of Rapid Action Battalion (RAB) in 2004 is a spectacular, highly visible (specially for black ninja type dress) and far impacting event which is worthy of serious attention from the both sociological and political points of view. Within a short period, this alleged elite force has made many dramatic incidents which need address for the sake of social justice. Where police is meant for ‘caring for good citizens and caging for bad citizens’ for the sake of the social justice, the RAB as part of the police, has turned itself as horror. Observers allege that it offers a kind of crime reduction technique by elimination of criminal elements or creating panic to the total citizenry. However, the RAB was established as a part of police, like the APBn organizational structure by justifying non-capability of police of not coping up with the then criminal situation [1].

Almost three years, Bangladesh has seen of its elected political government in the post emergency period without any visible change in the area of human rights and rule of law. Despite the fact that the general election of December 29, 2008, which came to the power of the Government led by the Bangladesh Awami League for a five year tenure and people are pledged to bring change by establishing rule of law and human rights.

One of the essential functions of the National Human Rights Commission (NHRC) is to spread a human rights culture, and to aid the empowerment of people for the better protection of human rights in the country.

Bangladesh is a state party to several of the central international human treaties, including the International Convention on Civil and Political Rights (ICCPR) on September 6, 2000 and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that prohibits the grave violations of human rights. Bangladesh is thus, among other things, obliged to ensure that no one is subjected to torture, and that in the determination of a criminal charge, everyone is entitled to a fair and public hearing by a tribunal established by law, and to be presumed innocent until proven guilty. [2].

In Bangladesh, there are fixed problems as partisan politics has been combined into all types of public, academic and rule of law institutions at all levels in the country. Deliberate unlawful interventions into public and rule of law affairs by the leaders and activists of the pro-ruling party and alliance, and their relatives and supporters; have contributed to the further deterioration of the existing human rights situation. Few rulings asking for an end to extrajudicial killings have been heard from the Benches of the High Court Division of the Supreme Court of Bangladesh yielding no successful result; similarly, at the High Court Division also. The judiciary appears to be incapable of protecting the fundamental rights of the citizens in the face of the gross abuses of the human rights -- including torture, extrajudicial killings, enforced disappearances and execution – which have gone on unabatedly. It is needless to mention that the subordinate judiciary does not have judicial mindset to protect the rights of the victims of human rights abuses.

As a result, the absence of the rule of law as a result of political impunity having the criminal justice system mostly dependent on the policing system, which is highly corrupt and works as hired musclemen of the ruling political party, resulted in the deterioration of the human rights are violated [2].

1.1. The Emergence of Rapid Action Battalion (RAB)

Formed 2004
Headquarters Kurmitola, Dhaka
Parent agency Bangladesh Police

Rapid Action Battalion is an elite anti-crime and anti-terrorism unit of Bangladesh Police was established amending the Armed Police Battalion Ordinance, 1979. Under the command of Inspector General of Police (IGP) it consists of members of Bangladesh Police, Bangladesh Army, Bangladesh Navy, Bangladesh Air Force, Border Guard Bangladesh and Bangladesh Ansar. It was formed on 26 March 2004 and started its operations from 14 April 2004. Additional Inspector General of Police Anwarul Iqbal is the founding Director General of this elite unit. Since its inception, the RAB has seized a total of 3,149 illegal arms and more than 36,000 rounds of ammunition. It has also had over 500 arrests.

Although the RAB has been successful in apprehending several high-profile terrorists, including the infamous Bangla Bhai, Amnesty International has accused RAB of lack of accountability for being responsible for numerous deaths which have been attributed to crossfire [3]. In March, 2010, the battalion leader stated that they have killed 622 due to 'crossfire', while some human rights organizations claim that over 1,000 extrajudicial killings are the product of the battalion. There have also been many reports of torture [4].

1.2. Crossfire/ Encounter/ Gunfight in the Name of Extra Judicial Killing

Extrajudicial killing has been made an integral part of the law-enforcement system of Bangladesh for many years. The ongoing trend of extrajudicial killing has few different methods of which killing criminal suspects with point blank gunshots and publicizing stories of so called "crossfire" or "encounter" with few other synonyms like "gun fight","in the line of fire" etcetera. The government justifies the killings by using the term "crossfire," which it refers to as gunfights between any alleged criminal group or "hardened" criminals and the RAB orpolice. The term "death in an encounter" is used in other countries to mean the samething, but the term "crossfire" is preferred by law enforcement agencies in Bangladesh. The sinister connotation associated with the word demonstrates the utter powerlessness ofthe people facing extrajudicial killings that are taking place in Bangladesh [5].

The term Extra Judicial Killing means the killing someone/others without following legal justice system, laws and constitution. Such killings are prohibited by the Bangladesh's Constitution and national laws, as well as by various international instruments that Bangladesh has ratified. In Bangladesh, it is familiar to general people at 2004 after built up RAB but it began 1972, the paramilitary group Jatiya Rakkhi Bahini came into force and had become obscure infamous for its extrajudicial executions until it was absorbed into the army in 1975. Last few years, we have seen that many criminals/terrorist had been killed in gun battle with the law enforcing agencies by so called crossfire [6].

These three terms are commonly used in law enforcement to define extra judicial killing. Crossfire is a media created term. Media uses ‘Crossfire’ as killing of listed/arrested criminal through firing while so called escaping from law enforcing personnel where the crossfire victims have right of proper justice. Encounter is a legal term where the criminals attack the law enforcing personnel who exercise the right of private defense. Gunfight is a military term where two parties are involve in face to face collision [7].

1.3. Legal Aspect of Crossfire

According to the Bangladesh Penal Code section 96 to 106 as right of private defense, Every person has the right of private defense to protect his life & properties and others life & properties. In this regards a person can cause death or any other harm to the assailant under some certain conditions and law enforcing agencies do crossfire in exercise of their right of private defense. After each incident an executive inquiry and a judicial inquiry are conducted to find out whether it is justified or any foul play is committed [8].

Article 32 of part three of the Constitution of People’s Republic of Bangladesh, "No person shall be deprived of life of personal liberty saved in accordance with law". So the personnel of law enforcement agencies had been done their job within the law and such persons have done any serious acts which prohibited by law & constitution and punishment will have to be grievous then those cases it will be legal also following with other terms and conditions [9].

According to the police regulations of Bengal (PRB), firearms should not be used otherthan in emergencies. The uses of firearms are applicable in three situations: i) For self-protection and possessing of property, ii) For foiling an illegal gathering and iii) In some cases, for making an arrest with condition. At many incidents of extra judicial killing in the name of crossfire, law enforcing agencies use firearms for their self-protection orsome extreme condition that they are bound to use firearms. So these cases, it is legal to use firearms but not to all cases [10].

1.4. Circumstances of Crossfire in Bangladesh

In Bangladesh, the meaning of crossfire, he/she will say this is an extra-judicial killing committed by the law-enforcing agencies; to the so-called grievous offenders. Actually this is the invisible super power of the law-enforcing agencies in Bangladesh by which they give the judgment of death penalty to grievous offenders denying the existence of the Court of law.

Killings by law enforcement agencies are common in Bangladesh. In 1972, the paramilitary group Jatiya Rakkhi Bahini came into force and had become infamous for its extrajudicial executions until it was absorbed into the army in 1975. Now, since the formation of the elite Rapid Action Battalion (RAB) in March 2004 and to date, RAB was responsible for the deaths of almost 1100 people around the country since its creation two-and-ahalf years earlier – an average of more than 13 per month. Such killings are again on the rise and are being categorized under a new vocabulary of "crossfire," "Extrajudicial Killings," "Encounters," "Gunfight" etc. The government tries to justify the killings by using the term "Crossfire," which it refers to as gunfights between any alleged criminal group or "hardened" criminals and the RAB or police. The term "death in an encounter" is used in other countries to mean the same thing, but the term "crossfire" is preferred by law enforcement agencies in Bangladesh. Although some people believe that extrajudicial killing of hardened criminals helps ease the problem of "terrorism," in reality, it encourages lawlessness and aggravates "state terrorism." In different countries across the world, people in power have created an impression 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" [6].

Throughout the year the Government, which controls a huge majority having 305 out of a total of 345 seats in the Parliament including its alliances', did not say a single word about the criminalization of torture despite a Bill being pending in the Parliament for more than a year. Torture continued in all the custodies controlled by the law-enforcement agencies as well as the security forces including the secret torture cells maintained by the armed forces dominated intelligence agencies' and the Rapid Action Battalion (RAB), a paramilitary force composed of officers deputed from the armed forces, border security force and the police but mostly dominated by the military, which was officially termed as an "elite force" [2].

The government's human rights record improved somewhat due to the return of a democratically elected government and the repeal of the state of emergency. There was a slight increase in the number of extrajudicial killings by security forces; there remained cases of serious abuse, including extrajudicial killings, custodial deaths, arbitrary arrest and detention, and harassment of journalists. The failure to investigate fully extrajudicial killings by security forces, including the deaths in custody of alleged mutineers from the Border Guard Bangladesh (BGB) border force, remained a matter of serious concern. Some members of security forces acted with impunity and committed acts of physical and psychological torture [11].

According to Article 6 and 2 of the ICCPR, Bangladesh respectively has the obligation to ensure the right to life of its people and to ensure prompt and effective reparation where violations occur. It is also obliged to bring legislation into conformity with the ICCPR. Article 32 of the Constitution of Bangladesh protects the fundamental right to life and liberty, stating that: "No person shall be deprived of life or personal liberty, save in accordance with law." In reality, this has not been implemented and this most fundamental right is being repeatedly violated with complete impunity. (Article 2 andArticle 6; The International Covenant on Civil and Political Rights (ICCPR) [12].

RAB and the police regularly issue press statements when a person has been killed during their operations. As a matter of routine, these statements are published in the press without the media making any efforts to verify the presented facts. A review of the statements issued by RAB between 2004 and 2006 shows that the agency presented the events that surrounded most of the deaths in almost identical terms. Its statements typically said that a dangerous criminal was arrested, interrogated, and taken to recover hidden arms in the middle of the night. When RAB arrived near the place where the arms were allegedly hidden, the suspect’s accomplices opened fire on RAB and the suspect managed to escape. He was then killed in the "crossfire" that followed between RAB and his accomplices [13].

2. Findings of the Study

Table 1. Extra-judicial killings by law enforcing agencies: 2009 [14].

After one year of elected government by national election, during the year 2009, 154 people have reportedly been killed extra-judicially by law enforcement agencies. It is alleged that 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. Of the 154 killed, 35 were killed while they were in custody of the law enforcement agencies.

Table 2. Extra-judicial killings by law enforcing agencies: 2010 [16].

After two years of elected government, Incidents of extra-judicial killings continued despite the government’s repeated assurance that this would be stopped. The law enforcement agencies have continued killing in the name of suspected ‘criminals’; members of the radical left political parties; or simply innocent people ‘by mistake’ without due process of law. In 2010, 127 people were killed extra-judicially. The data shows that on average 1 person was killed extra judicially every 3 days. Out of those killed, 68 were killed by RAB, 43 by the police, 09 persons jointly killed by RAB and police; 03 by the joint operation of RAB and Coast Guard; 03 by the joint operation of RAB, Police and Coast Guard and 01 by BDR.

 

 

Table 3. Crossfire by law enforcing agencies: 2011 (January-August) [17].

During this year 2011 (January to August), out of 44 crossfire RAB had occurred 30 and Police had occurred 9. But number of crossfire is respectively decreasing from previous year and law of justice is running good. This sign is good for all human to maintain their rights and it will be better if number of crime is also be decreased.

Table 4. Extra-judicial killings by law enforcing agencies: 2012 [18].

During this year Extrajudicial Killing by law enforcement agencies are also decreased. It indicates the good governance where people live with peace and security.

Table 5. Extra-judicial killings by law enforcing agencies: January to June 2013 [19].

At the eleventh hour of the Sheikh Hasina Government Extrajudicial Killing by law enforcement agencies are increased because of internal conflict with opposite leaders. During this year some burning issues such as justice of War criminal, Bane of Jamati Islam which creates external conflict. Hartal is more frequently during this year. The opposite leaders always want to damage the reputation of existing government in international perspective. It is said that the opposite party occurred crossfire by the name of RAB.

Table 6. At a glance the situation of Human Rights of the Elected Government [20].

This table indicates the overall situation of the Human Rights during 2009 to 2013.

3. Discussion

As with many other cases of this type - carried out in police stations, military garrisons, the intelligence agencies' torture cells, and paramilitary forces camps such as those of the RAB - impunity prevails. Because extra judicial killing in the name of crossfire is well known after establishing RAB where as it is started before. But it is totally violation of human rights.

Article 35 (5) of the Constitution of People’s Republic of Bangladesh, "No person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment". This provision regarding the prohibition of torture hasn’t been implemented in practice, mainly because of the lack of a law criminalizing torture. There is no culture of protecting human rights in the country, particularly victims who suffer ill-treatment and torture at the hands of the law-enforcement agencies [9].

According to the Rule 75 (3) of the Criminal Rules and Orders-2009, which reads: "Whenever a person is arrested and brought before the Magistrate, the Magistrate should be satisfied that there has been no unauthorized detention beyond 24 hours as provided in Section 61 of the Code of Criminal Procedure-1898 and if there be any complaint to the that effect against the police, he shall make an enquiry into the matter and take such actions as may be deemed necessary"[14,15].

Article 31 of the constitution of People’s Republic of Bangladesh says that, "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." At 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. These 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 in vindication of their right or grievance. Even a fugitive is entitled to a legal defense when the death penalty is involved. So, extra judicial killing is always gone against to the constitution of the Republic of Bangladesh [9].

Still, according to the police regulations of Bengal (PRB), firearms should not be used other than in emergencies. The uses of firearms are applicable in three situations: for self-protection and possessing of property, for foiling an illegal gathering and, in some cases, for making an arrest. The PRB mandates a full executive probe regarding any use of firearms. Investigators are required to send the report to the government and submit acopy to the police's top leadership.

According to The Criminal Procedure Code Section 197 (Prosecution of Judges and publicservants), shield government officials from being held accountable for their actions. Section 197(1) "When any person who is a judge within the meaning of section 19 of Penal Code, or when any Magistrate, or when any public servant who is not removable from his office save by or with the sanction of the Government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the Government". So, of this code prohibits criminal actions from being initiated against public officials—including police officers—without government approval, if the offense is committed while the officer is acting or purporting to act in his official capacity [21-25]. The Supreme Court has, in several cases, declared that police officers committing murder and other human rights violations are not acting within the scope of their official duties. However, in practice the provision discourages the police and the courts from taking action against public servants. Even when permission is requested, the relevant government department often fails to grant approval. In other cases, the approval is granted only after a substantial delay, there by violating international law provisions that call for prompt investigation and prosecution of human rights abuses. Delay also allows asuspect to abscond.

At this study, the information shows that crossfire is gradually occurred every year. From the table of total number of informed that the number of crossfire is increasing or decreasing in various time. But it can’t be ensured that crossfire will be stopped gradually because it’s fully depending on the government and law enforcement agencies.

Whatever, some people are supporting crossfire for the lacking and weakness of our justice system and law enforcement agencies. Those people think that listed criminal arethe burden of society and they are doing unlawful activities, murder, making our society unstable, case load of our justice system will be reduced; people can move and trade freely. But those people don’t think that they are also human and there have existent laws & regulations to punish them. A survey was conducted by the daily Prothom Alo through telephone on crossfire at 02.09.2009 and 03.09.09 on "Crossfire: What is your opinion?" Here, 53 people were responding and with this 23 people supported crossfire and 30 people did not support [26,27].

However, it is notified that our constitution, various laws – regulations and treaty –convention do not support extra judicial killing. This is the impunity of our legal system that it is prohibited but can’t stop for our lacking and weakness. So, it is clear that criminal and non-criminal both are human and they have right to enjoy their rights. If they have done any wrong or unlawful acts then there have rules-laws of justice of the government by which they will be justified first and then punished.

4. Impact of Crossfire

Crossfire has both (Positive and negative) impacts on our society. At the society, high riskgroups are in favor of crossfire and liberal groups are against that. Most of cases, serviceholders, businessmen, social workers, players, and housewife are from different occupational group who are in favor of crossfire. But the two things always are considered. These are i) Justice hurried but not justice buried and ii) Justice delayed but not justice denied.

4.1. Positive Impact of Crossfire

a) To reduction of huge case load in court system.

b) To avoid lengthy trail process, inmates cost, jail overcrowding.

c) Establish proper business and trade environment.

d) On the point of law enforcement agencies, crossfire is type of extra judicial killing but not a type of unlawful killing.

e) Criminals/ serial criminal are eliminate form the society

f) Establish safety, security, peace and tranquility in society.

g) It is tough to rehabilitate a habitual criminal through correctional system. Here thereis a mentionable thing that habitual criminal start their criminal activities ordinary togrievous scale. So at many cases, crossfire is needed for them.

h) Most of the people who are killed by crossfire have a long history of criminal record.

i) At the case of habitual and labeled criminal, the person who does not have any respect to the law, he does not deserve to get shelter of law.

j) Different Human Rights Organizations basically favor the criminals those who are crossfired. But Human Rights Organizations do not express their concern about the victims who were killed by those criminals. And the point of those victims, crossfire has positive impact.

k) The persons who are killed by the criminal are socially and economically more valuable persons than the criminals. To ensuring the safety of those people, sometimes crossfire has positive impact.

From various sources, we can mention that most of the people of Bangladesh do not moral support of crossfire, but general people do not go for any movement for those who are killed by crossfire. Some where people are celebrating this killing.

4.2. Negative Impact of Crossfire

a) We are human, we have right to live and none can killed us illegally which established by the Constitution of the People’s Republic of Bangladesh, various rules-laws and treaties. So the cases of crossfire, all positive impacts are demolished by this condition.

b) According to Article-32 of the Constitution of the People’s Republic of Bangladesh,

"No person shall be deprived of life of personal liberty save in accordance with law". Every people have right to live.

c) In our country, only Court of Session judge and specially authorized court or tribunal can sentence a person to death penalty, after satisfying the involvement of that person beyond reasonable doubt.

d) Chairman of Human Rights Commission said that "Crossfire cannot be supported by any civil person". It is the violation of human rights

e) Our law enforcement agencies are followed by due-process model. Where criminals are punished by the state with the legal procedure.

f) Various treaties, rules, laws are not support crossfire. It is violation of human rights.

g) Crossfire is one type of retributive punishment. And it has chance to misuse.

h) Sometimes crossfire is occurred on personal benefits. It is totally violation law and also calls crime.

Now a day’s crossfire is decreasing for ensuring laws of justice and concerning of various human rights organization. It is also decreasing for making awareness of human rights and also followed due-process model apart from crime control model.

5. Conclusion

Human rights trends are an important indicator of the health of a nation and its institutions. The more the violation of rights, the more the ‘illnesses. Bangladesh has always suffered from ‘ill health’ when it comes to human rights issues and also this government it was no exception, as the various reports about human rights. So, there have been serious concerns expressed and criticisms made by many local and international human rights organizations about a range of human rights issues in Bangladesh, including mass arbitrary arrests, endemic torture and widespread extra-judicial killings.

Serious forms of violations of human rights have been going on for a long time in around Bangladesh and from this analysis, it measurable that law enforcement agencies are violating the human rights as its high enough or less and these violations are prohibited from all part not only our country but also internationally. This reality has to change dramatically for the law enforcement agencies to regain the trust of the people.

The Constitution of Bangladesh, which embodies the principles and provisions of the Universal Declaration of Human Rights, is the supreme law of the Republic. The fundamental rights envisaged in the Constitution of Bangladesh reflect the human rights prescribed by international human rights law.

But the present statistics make us hopeful that the number of extra judicial killing in the name of crossfire is decreasing year by year. Here, noticeable that 340 and 290 people are respectable cross fired at the year of 2005 and 2006 where 84 and 70 are respectable cross fired at the year of 2011 and 2012.

So that law enforcement agencies are showing more cautious about the human rights and also other rights of our country for her citizen. Its commitment to promoting and protecting human rights flows from the realization that the well-being of the people canonly be ensured through effective enjoyment of all human rights by all. But it is also mentioned that the number of crime and murder is not decreasing with the following crossfire. To keep our society safe and crime, it is most important to stop any type of criminal and deviant activities by all. It also needs to ensure that there will be no violation of human rights by anyone so that all can enjoy their rights feely.

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