How interesting it is that in Bangladesh the elect force named as Rapid Action Battalion [ RAB ] kills the arrested individuals by the name of cross-fire and call them the felons. “ Extra-judicial ” , therefore the term is used to province the violent deaths. It is called excess judicial because of its type, which works as a procedure outside the judiciary system of Bangladesh.
Farid Ahmed in a non periodical web diary ( 2010 ) , Such violent deaths are frequently described in constabulary studies as affecting offense suspects who resisted apprehensions or attacked the constabulary. Many of the victims, human rights groups charge, were killed while in constabulary detention. But in their official statements, constabularies said they were killed in the “ crossfire ” during violent incidents in prison installations. The constabulary were compelled to open fire at those assailing them, they said.[ 1 ]
Harmonizing to the Human Rights Watch ( 2006 ) :
One of the first publicized RAB violent deaths was of the wanted felon suspect Pichchi Hannan in Dhaka on August 6, 2004. This is when the epoch of excess judicial violent death has started and still traveling on. Not merely the RAB but besides some other armed forces are involved in this sort of activity.[ 2 ]
Whether extrajudicial violent death is a myth or is it a world is the chief motivation for me to carry on this research.
A batch of people are being killed by the armed force, frequently named as elect force, but is it genuinely excess judicial violent death or is the “ crossfire ” the world, which one is true? We see a batch of incidents turn toing the extra-judicial violent deaths everyday when looking at the newspaper. There ‘s barely any twenty-four hours with no crossfire intelligence, and therefore I think people should be clear about the excess judicial killing affair and to uncover the original fact as I conduct the research. My research will give a clear cut thought about the excess judicial violent death and the scenario of our state ‘s position.
However, it is frequently said by the authorization and besides by the political leaders that these so called extra-judicial violent deaths are merely the unfortunate deceases of the suspected felons in the cross-fire.
Harmonizing to the Bangladesh Media article “ No extrajudicial executings carried out: RAB DG ” ( 2010 ) :
The director-general of the RAB, Hasan Mahmud Khandakar, turn toing the media at the 6th day of remembrance of the elect jurisprudence enforcement organic structure in its central offices on Sunday, told reporters, ‘A sum of 622 suspected felons were killed in by the RAB in crossfire across the state in the last six old ages, including 14 suspected felons who were killed in the last three months. ‘ The RAB head, nevertheless, claimed that no extra-judicial violent death was carried out by the battalion ‘s forces in the last six old ages.[ 3 ]
The issue of extra-judicial violent death is one of the large concerns for a state like Bangladesh where the opportunity of abuse of the subject, under the name of crossfire is extremely possible for a 3rd universe state like us. The concern of different human right organisations have argued about the extrajudicial violent deaths and raised a batch of inquiries. My study will uncover whether the extra-judicial violent death under the name of crossfire is true or merely a myth.
The History of Extra Judicial Killing
As its name suggest, it is done outside the model of the judiciary system of Bangladesh, which is the violent deaths of a suspected felon under the detention of the armed force, frequently utilizing the term ‘self protection ‘ or impeaching the suspected felon to flight ; which is a misdemeanor of the regulation of jurisprudence.
From the really beginning of Bangladesh ‘s birth in 1971, different political parties used their political power to impetus the violent deaths by the armed forces and used these forces in “ in misdemeanor of the jurisprudence to consolidate power and maintain control ” . The uninterrupted procedure started during the clip period of BNP led govt. after organizing “ alliance with three smaller parties: Jama’at-e-Islami ( which won 4.3 per centum ) , Jatiya Party-Naziur ( 1.1 per centum ) , and Islamic Okye Jote ( 0.7 per centum ) ” in 0ctober, 2001. After taking power, to carry through the one election docket to “ contend against offense ” , and to undertake unfavorable judgment from people, the govt. so deployed fourty 1000 military personal to contend offense under the name of “ Operation Clean Heart ” . Thousands of people were arrested and at least 50 people were reported to be dead under their detention. Due to the failure of the operation, the authorities so decided to organize an elect force group with “ a particular unit of constabulary with ranger preparation called the Rapid Action Team, or RAT ” , which is now known as Rapid Action Battalion or RAB.
As stated by the jurisprudence, “ The chief undertakings of the RAB, harmonizing to the jurisprudence ” , are to:
Provide internal security
Behavior intelligence into condemnable activity
Recover illegal weaponries
Arrest felons and members of armed packs
Assist other jurisprudence enforcement bureaus
Investigate any discourtesy as ordered by the authorities.[ 4 ]
Harmonizing to the Asian Human Rights Commission:
The ground forces killed 58 people in detention. See Asiatic Legal Resource Center and Asian Human Rights Commission, “ Lawless Law-enforcement & A ; the Parody of Judiciary in Bangladesh, ” August 2006.According to the Bangladesh NGO Forum for Secular Bangladesh, the ground forces killed 53 people in detention and physically abused 7,000. See Forum for Secular Bangladesh, “ Misdemeanor of Human Rights by the Coalition Government of Bangladesh, ” September 2006.[ 5 ]
However, the Operation Clean Heart did non win in conveying offense under equal control, and vigilantism against alleged felons continued. Hence the particular constabulary force proved unsuccessful in battling offense due to the deficiency of trained professionals, disorganisation, and corruptness in the force. Structuring from the experience from Operation Clean Heart, the authorities took stairss to give the armed forces a jurisprudence enforcement function. Then, subsequently on the RAB was created with the slogan to contend felons and cut down offense.
Harmonizing to a human rights attorney:
Critics complained that, instead than constructing a new crime-fighting force, the authorities should set about attempts to reform jurisprudence enforcement and the tribunals. Making RAB, they feared, would sabotage the constabulary. With Operation Clean Heart in head, some worried about utilizing the armed forces for civilian policing. They saw RAB as a manner for the authorities to deploy the ground forces for patroling undertakings, with one attorney even naming it “ soldierly jurisprudence in camouflage. ”
Assorted human right watchdogs claimed that 1,142 victims have so far been slain in extrajudicial violent deaths since 24 June, 2004 when the RAB began its journey by killing people in ‘crossfire. ‘ Among the 1,142 victims, 149 were killed in 2004, 340 in 2005, 290 in 2006, 130 in 2007, 136 in 2008 and 97 in 2009. During the immediate-past exigency government which continued for about two old ages, 322 people were killed in an extrajudicial mode.
On the other manus, DG of RAB claimed that no extra-judicial violent death is carried out but some felons were caught in crossfire during the conflict. He besides claimed that 6,931 pieces have been seized by the RAB in the last six old ages – 580 in 2004, 909 in 2005, 889 in 2006, 1,416 in 2007, 1,374 in 2008, 1,338 in 2009 and 425 in the last three months.
The RAB arrested a sum of 64,664 suspected felons, after carry oning thrusts throughout the state, on charges of assorted offenses including slaying, snatch, extortion, stamp use, combativeness and ownership of illegal pieces. Of them 2569 in 2004, 4929 in 2005, 7277 in 2006, 13569 in 2007, 13378 in 2008, 16730 in 2009 and 4012 in last three months of 2010.[ 6 ]
The attitude of people in jurisprudence enforcement bureaus has non changed, at least on the issue of excess judicial violent deaths despite the bench telling them to halt killing people under the pretense of “ crossfire, ” “ brush, ” and “ gunplay. ” Although much of such action has stopped, it is non a sustainable solution. But the determination has been hailed an eye-opener by many including human rights organisations.
The High Court issued the suo slogan order over excess judicial violent deaths on November 17. It gave the authorities two hebdomads, ab initio, to explicate why the violent death of two brothers, Lutfor and Khairul Khalasi by jurisprudence enforcement bureaus in Madaripur on Nov.16 should non be declared extrajudicial. The authorities has yet to answer and the Attorney General has sought more clip, presumptively until the tribunal resumes on January 3, 2010.
During the twelvemonth although there were some positive activities by the authorities, most sectors in the state were devoid of any human rights, the regulation of jurisprudence and good administration. Religious minorities were oppressed and imperativeness freedoms were violated about every other twenty-four hours.[ 7 ]
Merely a few human rights organisations have long been inquiring the authorities to halt the violent deaths, terming them “ extrajudicial ” . Furthermore, the High Court of Bangladesh, on June 29, 2009, High Court of Bangladesh asked the authorities to explicate why killing people without a test, in the signifier of extrajudicial violent deaths, is non being declared as illegal, and why steps are non being taken against the culprits. After this opinion, we still have n’t seen anything happen. However in recent times, after the Awami League came to power, many thought the Awami govt. will get rid of the RAB. But, in March 2006, Seikh Hasina said, “ But we will non make so. Rather Rab will be given a particular assignment to capture corrupt people. ”[ 8 ]
Extrajudicial violent deaths continue even in misdemeanor of the High Court ‘s opinion. How can they go on? It ‘s really dismaying for human rights, democracy and the right to life. And why is the High Court silent sing this gross human rights misdemeanor?
Both governmental and nongovernmental beginnings have said that the decease toll has reached 133 from such extrajudicial violent deaths – labeled as “ crossfire ” violent deaths, “ brush ” violent deaths or “ gunfight ” violent deaths by the Rapid Action Battalion ( RAB ) and the constabulary – since Jan. 6, when the Awami League-led authorities assumed office. In Bangladesh, we have a alleged democracy, but there is no regulation of jurisprudence if we consider excess judicial violent death. Every twenty-four hours sees more violent deaths of citizens by the province machinery, violent deaths which are both well-planned and covered up.
However, RAB ne’er said that its extrajudicial violent death. In contrast, Rab Director General ( DG ) Hassan Mahmood Khandker late stated that, “ A sum of 633 individuals were killed in ‘encounters ‘ with its members while 750 RAB work forces were punished for their ‘unlawful ‘ Acts of the Apostless. Among the 750 punished RAB members, 350 were sacked while the remainder 400 suffered imprisonment in different term of offices. Besides RAB intelligence forces are merely on responsibility to undertake the condemnable activities. ”[ 9 ]
However, on contrary, extrajudicial violent death have been traveling on really quickly of go againsting the highest tribunal opinion order, the Constitution and the Universal Declaration by jurisprudence hatchet mans. The term “ extrajudicial violent death ” means executing without justness. This is a sedate human rights misdemeanor. It ‘s both a misdemeanor of Bangladesh ‘s fundamental law and of the UN ‘s Universal Declaration of Human Rights.[ 10 ]But these types of violent deaths still occur often in Bangladesh.
The authorities of Bangladesh has been go againsting the fundamental law and the Universal Declaration of Human Rights twenty-four hours after twenty-four hours since 2002 ( including operation clean bosom ) . In 2004, the BNP-Jamaat authorities made a determination about extrajudicial violent deaths and formed the RAB. From March 26, 2004 until January 31, 2009, around 1,600 people ( including 58 58 killed peoples in operation clean bosom of 2002 ) have been killed without justness.
The authorities of Bangladesh has sided with the extrajudicial violent deaths. Prime Minister Sheikh Hasina has besides said, in an indirect manner, that extrajudicial violent deaths will go on. She spoke clearly, continuing “ crossfire ” violent deaths. What was said by our popular Prime Minister Sheikh Hasina in New York is really unfortunate for the regulation of jurisprudence, democracy, the fundamental law, and the Universal Declaration of Human Rights, every bit good as the people of Bangladesh.
Harmonizing to the Bdnews24.com, Sheikh Hasina talked with journalists in New York on Sept. 27, 2009. Mentioning to “ crossfire ” violent deaths at the clip, she said, “ I do non believe in extrajudicial violent deaths. But if anyone launches an armed onslaught ( against a jurisprudence hatchet man ) , so they should n’t be allowed to kill them like sitting ducks. ”[ 11 ]
Bangladesh ‘s elect Rapid Action Battalion continues to prosecute in extrajudicial violent deaths despite Supreme Court directives to hold it. Although the tribunal is managing the issue of extrajudicial violent deaths, RAB does non look to be bothered either about the bench or the state ‘s Torahs.
The averments of responsible people in the present authorities are flooring. Home curate Sahara Khatun late said that, there was no crossfire. It seems, either straight or indirectly, the place curate and other curate ‘s are supporting the culprits of such “ crossfire ” violent deaths. Finally we can state that, in Bangladesh has no regulation of jurisprudence. We want to state that the studies of alleged “ crossfire ” violent deaths, “ brush ” violent deaths or “ gunfight ” violent deaths that are made by the RAB and the constabulary are wholly false. We believe that terrorist act should ne’er be combated or controlled through province violent deaths. It is the constitution of the regulation of jurisprudence that is indispensable to command terrorist act.
Finally we can state that, legion violent deaths are being carried out extra-judicially ; the culprits remain above the jurisprudence ; and the victims have no resort to protection or damages under the jurisprudence. This represents a misdemeanor of Article 31 of the Constitution, which reads:
“ To bask the protection of the jurisprudence, and to be treated in conformity with jurisprudence, and merely in conformity with jurisprudence, is the unalienable right of every citizen, wherever he may be, and of every other individual for the clip being within Bangladesh, and in peculiar no action detrimental to the life, autonomy, organic structure, repute or belongings of any individual shall be taken except in conformity with jurisprudence. ”[ 12 ]
However, beyond impunity, those responsible for such violent deaths are being rewarded for their actions. Anguish and the menace of extra-judicial violent death are used by the constabulary and the RAB to pull out money from individuals that they arrest. Furthermore, the RAB was even awarded the prized Independence Award to the Rapid Action Battalion ( RAB ) on March 23, 2006, as portion of Bangladesh ‘s thirty-fifth Independence Day jubilations, for its activities.
Therefore, it is revealed that this sort of activities by the RAB is clearly a false political orientation to call the extrajudicial violent death under the name of ‘crossfire ‘ , is merely merely to oculus rinse the general populace, and some twenty-four hours it may hold negative consequence on the society and state as a whole. So the govt. and the people of Bangladesh should raise its voice against it and it should be stopped shortly.