Extrajudicial Killing in Bangladesh

Published: 2021-08-08 00:50:06
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In our country extra judicial killing are mainly occurred by Rapid Action Battalion(RAB)and also other law enforcing agencies like; Police, Ansar ,BGB, Coast Guard . Extra judicial killing is also violation of fundamental human rights. One of fundamental rights is to get proper judgment of law. In this assignment I find how extra judicial killings are occurred by law enforcing agencies of Bangladesh. What is extra judicial killing? Extra judicial killing is unethical, because every man have to right to proper judgment.
Extra judicial is that type of killing before the judgment or during judicial process. “Though there is no legal definition of extra judicial killing, If death is caused by a law enforcement official without following the legal rules or due judicial process, it can be measured extra judicial killing” An extra judicial killing is the killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process. Extra judicial punishments are by their nature unlawful, since they bypass the due process of the legal jurisdiction in which they occur.
Extrajudicial killings often target leading political, trade union, dissident, religious, and social figures and may be carried out by the state government or other state authorities like the armed forces and police. History of extra judicial killing in Bangladesh: From the very begging of Bangladesh’s birth in 1971, different political parties are used their political to impetus the killings by the armed forces and used these forces in “violation of law to consolidate power and maintain control”.
The continuous process became more dangerous in the period of BNP led government, after forming government with three smaller parties jamat-e-islami (which won 4. 3 percent), jatio party naziur(which won 1. 1 percent), islamiokyejote(which won 0. 7 percent),in October 2011. After taking power, to fulfill one electionagenda “To fight against crime”and to tackle criticism from people. Then developed thirty thousand personal to fight crime under the name of “Operation Clean-Heart”. Thousands of people were arrested and at least 50 people were reported to be dead under their custody.
Due to the failure of the operation, the government then decided to form a elite force group with “a special unit of police with a commando training called the rapid Action Team, or RAT, which is known as Rapid Action Battalion, or RAB. Law enforcing agencies in Bangladesh: Law enforcing agency which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction. LEAs will have some form of geographic restriction on their ability to apply their powers. The LEA might be able to apply its powers within a country. In Bangladesh law enforcing agencies are: 1.
Bangladesh Police 2. Rapid Action Battalion (RAB) 3. Coast Guard 4. Border Guard Bangladesh (BGB) 5. Ansar 6. Army 7. Forest Guard 8. Village Defense Police (VDP) Fundamental human rights in Bangladesh constitution: Extra-judicial killing or killing without the due process of law is a popular term. In the ongoing debate this type of killing mostly by members of law-enforcing agencies is being protested nationally and internationally on grounds of violation of human rights. Among many others such rights are guaranteed both by the constitution and by law. Bangladesh is no exception.
Despite this, such unconstitutional and unlawful acts do happen in Bangladesh and elsewhere. The relevant members of the law-enforcing agencies are accused of such acts. However, extra-judicial killing has other variants also. Members of the law-enforcing agencies are bound by law to produce the person, accused of an offence, to a competent court of law. This is based on the sound principle that those who are authorized to carry arms or otherwise enjoy the coercive powers of the state do not have the authority to impose punishment not recognized by law.
In case of unarmed persons detaining an accused they have to send him to police for necessary action. This is not always the case.. It is least to be expected that all members of Rab are inclined to violate human rights. This applies across the public sector institutions as well as those of non-state actors. Rights are legal, social or ethnical values of freedom or right. And why extra judicial killing is not legal, here given some article of constitution of Bangladesh are given below: 1. Equality before law. (Article-27) 2. Right to protection of law. (Article-31) 3. Protection of right to life and personal liberty. Article-32) 4. Safeguards as to arrest and detention. (Article-33) 5. Protection in respect of trial and punishment. (Article-35) 6. Freedom of movement. (Article-36) 7. Enforcement of fundamental rights. (Article-44) 8. Saving for certain law. (Article-47) Types of extra judicial killing in Bangladesh: * Crossfire/encounter/gunfight * Death due to torture * Beaten to death * Shot and killing * Death to torture in custody * Public lynching An over view of extra judicial killings in Bangladesh in2011. 1. Extra-judicial killings plague Bangladesh’s social and political landscape.
According to information gathered by Odhikar, between January and December 2011, 84people were killed extra-judicially by law enforcement agencies. 2. . Despite the fact that a total of 84 people have reportedly been extra judicially killed by law enforcers from when the present government assumed power on January 6,2009 to December 2011, the Home Minister, Advocate Sahara Khatun’s statement on January 26, 2011 did not even seek to condemn these incidents. Instead, she said that “the law enforcement agencies will continue their work, regardless of whatever is being said about extrajudicial killings.
The criminals are supposed to bekilled when law enforcers shoot at them in self defence. ” Odhikar considers this a deeply irresponsible statement from the political superior of the law enforcement agencies. The Minister’s words demonstrate that in the highest echelons extra judicial killings are effectively endorsed, despite the pre-election promise of the Awami League that ‘extra-judicial killing will be stopped. ’ 3. Also a concern of the Government’s hypocrisy on the matter as demonstrated by Prime Minister Sheikh Hasina’s statements on the issue when in London on January on 30.
During a meeting with the Chairman of the Standing Committee of Human Rights of the House of Lords, the Asia Director of Amnesty International and the Director of the Human Rights Caucus, the Prime Minister stated that ‘if anyone is found guilty after investigation of extrajudicial killing, we will take action against the person as we believe that all citizens have the right to get justice. ’ It is clear that when there is an international image to be upheld, the government can deliver the rhetoric but not the action that is required at home. 4.
The Government finally admitted to the occurrences of extra-judicial killing in a statement by the Prime Minister made on February 3, 2011, at a press conference: “I have always taken a stand against extra-judicial killings. Such killings are continuing for a long time, which cannot be stopped overnight. ” Though the admission of the long history is such killings is important the following statement once more betrays a,lack of willingness to take decisive action. Odhikar feels that Prime Minister’sstatement only encouraged those who are involved in extra-judicial killings tocontinue. 5.
It is clear to Odhikar that the continuing trend of extra-judicial killing is of greatdetriment to a healthily functioning society and undermines the rule of law. Yet thegovernment has not been able to grasp this and further provided mixed messageslater in the year. The Law Minister Barrister Shafiq Ahmed told the daily AmaderShomoy on April 9, 2011, that ‘If any law enforcer kills a person without a validground of self-defense, it should be termed an extrajudicial killing and everyallegation of such killings should be investigated. ’122 Thus ‘it cannot be termed as‘extrajudicial’ killing, if anyone kills anybody for self-defence. 123 This clauseeffectively undermines the assertion that extra-judicial killings will be investigatedsince the excuse of self-defense is what is pleaded in the majority of such killings bythe law enforcement agencies. Table 1: killing by law enforcement agencies 2011 Month(s)| RAB| Police| Rab-Police| Jail Authorities| Rab-Coast Guard| Total| January| 05| 02| 00| 00| 00| 07| February| 08| 06| 03| 00| 00| 19| March| 05| 02| 00| 01| 00| 08| April| 02| 03| 00| 00| 00| 05| May| 00| 05| 00| 00| 02| 07| June| 04| 01| 00| 00| 00| 05| July| 01| 00| 00| 00| 00| 01| August| 05| 03| 00| 00| 00| 08| September| 06| 01| 00| 01| 00| 08|
October| 04| 00| 01| 00| 00| 05| November| 01| 04| 00| 00| 02| 07| December| 02| 04| 00| 00| 00| 06| Total| 43| 31| 04| 02| 04| 84| Types of death and some Major Incidents of 2011: Crossfire/encounter/gun fight: * Among the 84 extra-judicial killings reported in 2011, 65 persons were killed in‘crossfire/encounters/gun fights’. Among the deceased 42 were allegedly killed byRAB, 15 by police, 04 jointly by RAB and police and 04 jointly by RAB and the CoastGuard. * The terms ‘crossfire’, ‘encounter’ and ‘gunfight’ have become ubiquitous euphemismsfor incidents when various law enforcement agencies are involved in extra-judicialkillings.
The uses of these euphemisms represent an attempt by such agencies andthe government to conceal the reality of the brutality that is experienced by many ofthose that die in extra-judicial conditions. Indeed the sense of accidental collateraldeath that such terms relate to contributes to a culture where there is almost noaccountability for law enforcement agencies and the deaths of people can be passedoff with weak excuses. * On January 11, 2011, Imtiaz Hossain Abeer (19), a student of Northern College, wasshot dead by police at the Pallabi area in Dhaka city.
The family of the deceased alleged that Abeer was called out through phone calls by police of Pallabi Police Station, led by Assistant Sub Inspector Ismail. He was shot dead by police, whoclaimed he was a member of a gang of robbers. There was no case or General Diary against Abeer in any police station. * On the same day as the press conference at which Sheikh Hasina admitted that extra-judcial killings had a history in Bangladesh, a member of Purba Banglar Communist Party (Red Flag), Abdul Hamid was also shot dead in a ‘gunfight’ with police in Pabna on February 3. On February 4, 2011, a youth named Nurul Islam Shumon was shot dead by policeat the Botanical Gardens in Mirpur in the Dhaka Metropolitan Area. Also on February 4, Hazrat Belal, alleged regional commander of the underground party JSD Gonobahini, was reported as being killed by RAB and Police in a joint operation at Harinakunda under Jhenaidah district. * 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 bymembers of the Crime Prevention Company (CPC)-1 of RAB-11.
The family of thedeceased alleged that he was shot dead by RAB at Chhoto Karamerchor Dakshinpara village under Araihazar Upazila in Narayanganj after being picked up from Demra in Dhaka. * On June 14, 2011 a student of class nine, Shadhin Ahmed Shuvo was allegedly killed and his younger brother and Shuvo’s classmate Badal Mia were allegedlyinjured by stray bullets shot by RAB-10 during an operation conducted by themagainst drug peddlers in Pagla at Narayangonj. On August 12, 2011, five youths were shot dead by Rapid Action Battalion (RAB) at the Jonopad Sarak area at Uttara in the Capital. RAB officials claim that all thedeceased were ‘muggers’, who died in an exchange of fire between both sides. Salma Begum, wife of deceased Shahidul Islam, said that they live in Kodalkuchi village under Nalitabari Thana in Sherpur District. Her husband was a farmer. She,and her two children, came to her father’s house at Nirashpara in Tongi 15 days ago. On August 12, her husband Shahidul Islam had come to Tongi to take them backhome.
Shahidul went out in the evening after Iftar. They started searching for himwhen he did not return home. Later, after hearing about the deaths from their neighbour, on August 14 she identified the body of her husband at Dhaka MedicalCollege Hospital morgue. Salma stated that there was no case or any record ofGeneral Diary against her husband. Death due to Torture * Law enforcement agencies are not only killing citizens in fictitious ‘crossfire’situations, torture in custody also features in the list of crimes committed by suchagents in 2011.
Though the numbers are lower than those involved in crossfire, thefact that innocent people may be being tortured to death mainly during remand incustody, is a shameful human rights violation which the Government needs tourgently address . * Of the 84 reported extra judicial killings, 17 people were allegedly tortured to death. Among them 14 were reported killed by police, one by RAB and 02 by jail authorities of Noakhali and Lalmonirhat District Jail. Of the 84 deceased, one person wasallegedly beaten to death by police. A sample story is that of Shafiqul Islam Raja (25), an under trial prisoner of theDhaka Central Jail, who on April 23, 2011, died in Dhaka Medical College Hospital. The family of Raja alleged that he was tortured by police after being taken intorem and in Sutrapur Police Station in the Capital, Dhaka. 132 On November 05, 2011Roman’s wife claimed that Detective Branch (DB) Police took him from his shop onOctober 29, 2011 and beat him. The family alleged that police demanded taka500,000 in return for not torturing him. Roman’s father claimed DB Police tortured hisson to death. Torture in remand does not always result in death but is a too common occurrence, for moredetails see the section on ‘Torture in remand’, later in this report. Shooting * Only one person was reportedly shot point blank in 2011. However it should beremembered that the nature of the terms used to describe the circumstances of extra-judicial killings (i. e. ‘crossfire’ etc. ) makes it very difficult to determine how accurate this is. Custodial death * The safety and welfare of those in custody is an important human right. Allegedcriminals deserve humane treatment throughout the judicial process.
However, inBangladesh this internationally accepted right has not been made a reality. Though Odhikar accepts that people may die due to natural reasons in custody, the detainedprisoners are often abused and deaths occur through unwarranted violence. * From January to December 2011, reported show that 140 persons died in custody. Among them, 105 persons died in jail. Among those, 91 persons allegedly died due to ‘sickness’; two reportedly committed suicide, two infants died in jail. One personwho was reportedly injured at the time of his arrest also died in jail.
Nine personsdied in different jails due to reasons unknown. * During this time one woman reportedly ‘committed suicide’ while in Potenga Police Station in Chittagong and two persons died while under the custody of police inChittagong and Dhaka districts. * 26 persons were allegedly killed extra judicially while in custody of RAB, police and the jailauthority. Six former BDR soldiers also died during this time while in custody. Public Lynching * On July 17, 2011 local residents of Barodeshi village of Aminbazar on the outskirts ofDhaka, killed six students on suspicion of being robbers.
The deceased were –Ibrahim Khalil (24), Touhidur Rahman Polash (20), Kamruzzaman Kanto (18),students of Mirpur Bangla College; SetabZabirManib (22), student of BangladeshUniversity of Business and Technology; Shams Rahim Shammam (20), A-Level student of Mastermind International School and College; and Tipu Sultan (20),student of Tejgaon College. The lone survivor, Al Amin, a student of DarussalamCollege was admitted to the hospital in a critical condition. It was learnt that thestudents had gone to Amin Bazar together on rickshaws after offering prayers on the night of Shab-e-Barat, to spend the night roaming the area.
Local residents, seeingunknown people in the area so late, thought the young men were dacoits and alsoannounced the arrival of dacoits through the megaphone of a local mosque. Hearingthis, hundreds of people came to the spot and surrounded the students and attackedthem. Some people beat them with iron rods, sticks and stabbed them with sharpweapons in front of the Savar police. The area where the incident took place wasknown to be a crime zone. It was learnt that drugs including Ganja, Phensidyle and Yabaare allegedly sold in the area. The villagers used to guard the village as the lawand order situation was bad.
Meanwhile, police have been insisting that the students, had gone to Keblarchar to commit robbery. The owner of Shahadat Enterprise, Abdul Malik filed a robbery case on July 18, 2011 with the local police station. Two persons named Sanowar Hossain and Mohammad Selim Mridha were arrested for being involved in the lynching of the six students. On July 21, 2011, a four memberinquiry committee, headed by Additional Inspector General of Police, Mohammad Amir Uddin, was formed. Mohammad Amir Uddin submitted the investigation report to the IGP Hasan Mahmud Khandker on September 18, 2011 and also briefed thejournalists about the findings.
He said that police were found to be negligent andirresponsible in performing their duty. The Officer-in-Charge of Savar Police Station was ‘closed’ and two Sub Inspectors were temporarily suspended in thisregard. No evidence of involvement in any criminal activity in that area was found against the six students. An over view of 2012s extra judicial killing: * Extrajudicial killings continue, despite repeated assurances by theGovernment to end this, at various forums including the Universal PeriodicReview (UPR) Session of the UN Human Rights Council.
During the periodof January – March 2012, according to information gathered by Odhikar, 31persons were killed extra-judicially by law enforcement agencies. Crossfire/encounter/gun fight: * Among the 31 persons extra judicially killed, 26 were killed in ‘crossfire/encounters/ gun fights’. Among the deceased, 17 were allegedly killed bythe Rapid Action Battalion (RAB), three by the police, two jointly by RABpolice,four jointly by RAB-Coast Guard. Death due to torture: * During the three months (January-March) 2012, three persons wereallegedly tortured to death.
Among the deceased two were torturedallegedly by the police and one by jail authorities. Shot to death: * Among the deceased, two persons were shot to death during this period. Of them one by police and one by the Border Guard Bangladesh (BGB). Torture in custody * During January – March 2012, as per Odhikar’s documentation, 18 persons were reportedly tortured by different law enforcement agencies. Amongthem 15 persons were allegedly tortured, but did not succumb to theirinjuries. Of them nine were tortured by police, five by RAB-Police and oneby jail authorities. Three persons were allegedly tortured to death1.
Someinstances of torture are as follows: This has been mentioned in the previous section on ‘Extra? judicial killings’. * . In a press conference at the Dhaka Crime Reporters Association on March10, 2012, Halima Rahman, mother of army officer Lt. Col. Hasinur Rahman, requested the Prime Minister to release her son, detained in Army custody. Halima Rahman told the press conference that her son had been detainedwithout any charge and tortured in custody. He was treated at the CoronaryCare Unit of the Combined Military Hospital. Charges and witnessesagainst Lt. Col. Hasinur Rahman could not be produced even after sixmonths of his arrest.
Halima Rahman stated that on July 9, 2011, Brigadier General Mostafa called her son over telephone for some urgent officialwork. The next day the family contacted the Army Headquarters and theDGFI2 office to find the whereabouts of Hasinur Rahman. 3 Later on March25, 2012, according to a report published in the daily Prothom Alo, Lt. Col. Hasinur Rahman was sentenced to 4 years and 3 months imprisonment bythe Army Court for being involved in undisciplined activities. However, thewife of Lt. Col. Hasinur Rahman, Shamima Akhter, alleged that the familydid not know anything about this judgment asthe Army authority did notinform them.
They came to know on March 22, when Lt. Col. Hasinur Rahman informed her over telephone. 4 * On February 29, 2012, at around 8. 00 pm, Mohammad Abdur Rahim Sheikh(60) of SahapurMistripara village under Badarganj Municipality in Rangpurdistrict was allegedly tortured by police of the Badarganj Police Station. Later police produced Mohammad Abdur Rahim Sheikh to a mobile courtand the court sentenced him one year imprisonment for taking drugs. OnmMarch 2, 2012 at around 1. 50 pm, Mohammad Abdur Rahim Sheikh died inthe Intensive Care Unit of Rangpur Medical College Hospital where he wasunder treatment.
The family of the deceased alleged that the police severely tortured him after the arrest and as a result he died. 5 Recommendation: Extra judicial killing is violated ones fundamental human rights. In Bangladesh extra judicial killing should stop for national human rights concern and for maintenance of law and order. In 21stcentury any civilized nation should stop this type of crime as for Bangladesh, in some cases I support extra judicial killing as in the case of some official * Shorten the process of judiciary * Independent of judiciary * To Stronger the law enforcement agency Political good will needed * Better training for law enforcing agency * Given punishment for crime of LEA members * As guardian of constitution the president should more honorable * Political use of LEA should prohibited Conclusion : Extra judicial killing is the violation of human rights & for this reason it prohibited. From 26th march 2044 to October 2009 there 1600 people were killed extra judicially. To ensure the constitutional right as right to life, liberty and conscience of life extra judicial killing is one major impediment.

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