Extra Judicial Killing and Violation of Human Rights in Bangladesh

Now a day the problem of extra judicial killing is increasing day by day. Now
Bangladesh democracy going down and extra judicial killing up rapidly. Extra
judicial killing is one kind of crime.

Human rights refer to the "basic rights and freedoms to which all humans are
entitled."Examples of rights and freedoms which have come to be commonly
thought of as human rights include civil and political rights, such as the right to
life and liberty, freedom of expression, and equality before the law; and social,
cultural and economic rights, including the right to participate in culture, the
right to food, the right to work, and the right to education.

Human right don’t need to be brought, earned or inherited, they are called
‘inalienable’ because no one has the right to take them away from another for
any reason. Human right mainly concern relationships between individuals and
the state. They control and regulate the exercise of state power over individuals,
grant freedoms to individuals in relation to the state, and they require states to
satisfy the basic human need within their jurisdiction.

Extra judicial killing is unethical. Because every person has the right to get
proper judgment. Although extra judicial killing reduce crime but it is not
acceptable. Because many general people are killing for this type of killing.
Another name of extrajudicial killings is Crossfire.

Types of Extrajudicial Killing

1. Cross Fire Death

2. Due To Torture Target group of extra judicial killing
3. Beathen To Death
1. politic al person
4. Shooting
2. Social figure
5. Death In Custory
3. Religious figure
6. Border Killing
4. Dissident
7. Death in prison
5. trade union
8. Public Lynching
9. Disappearance

Though there is no legal definition of an extrajudicial killing, if a death is

caused by a law enforcement official without following the legal rules or due
judicial process, it can be measured extrajudicial. Death delivered by a member
of the law enforcement agency that cannot be accounted by law or the
Constitution and therefore, falls outside legal rules or judicial process may be
termed ‘extra judicial’, or literally murder by the State agencies.[ Odhikar
Annual report 2006]

“Crossfire” is an extrajudicial execution that is in deliberate defiance of

Bangladesh’s constitution and the international human rights conventions of
which the country is a party.

Some examples of extra judicial killing are giving here:

1. 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 Crime Prevention Company (CPC)-1 of
RAB-11. The family of the deceased alleged that he was shot dead by
RAB at ChhotoKaramerchorDakshinpara village under AraihazarUpazila
in Narayanganj after being picked up from Demra in the capital, Dhaka,
2. On April 21, 2011 a medicine seller named MoniruzzamanRubel (28)
died in police custody at Tangail. MoniruzzamanRubel, son of
DelowarHossain of Beparipara at Tangail along with his friend Shariful
Islam were arrested on April 20, 2011 by Sub Inspector MosharafHossain
and taken to Tangail Police Station. Elder brother of Rubel,
IqbalHossainRussel, alleged that Rubel and Shariful were tortured in
police custody and Rubel died as a result. On April 22, 2011, a murder
case had been filed with Tangail Police Station by the deceased’s bother
IqbalHossainRussel, accusing Sub Inspector MosharafHossain and
Assistant Sub-Inspector Shahjahan. The accused have been arrested under
this case. [Jahangir AlamAkash, 2010]
3. Murder of journalist Sagar Sarowar and Meherun Runi (also known as
the Sagar-Runi murder case) is about the unsolved double murder case of
two well-known, married Bangladeshi journalists who were stabbed to
death for a yet to be determined motive in their Dhaka apartment on 11
February 2012 in Bangladesh. The case is still open and DNA testing
showed that it was possible two men were involved in the murder–
Wikipedia].
4. Narayanganj Killing 2014: Panel Mayor of narayanganj city corporation
Nazrul islam, his 4 assistants, Tijul, Islam, Liton, and Jahangir, Advocate
Chandan Sarkar and his Driver Ibrahim were abducted and killed near KS
Osman ali Stadium of Fatullah Narayanganj on 27 April 2014. After 3
 days 6 bodies were found in the Shitalakkha river. And high court order
to arrest 3 RAB top officers on this case. (Prothom-Alo on28 April 2014)
5. Arzu mia a bsl leader in hazaribagh was killed by RAB in the name of
gunfight on 18 august 2015. (Bdnews24.com on 19 august 2015)
6. 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.
Of the 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’. A large number of detainees and
prisoners die due to torture during interrogations, but the official version
for such death is ‘heart attack’, ‘suicide’ or similar causes!
7. By May 12, 2010, at least 190 persons had allegedly been extra-judicially
killed since the present government took office on January 6, 2009.
Furthermore, according to the ALRC’s documentation at least 240 extra-
judicial killings were allegedly perpetrated in 2004; 396 in 2005; 355 in
2006; 184 in 2007; 149 in 2008; 154 in 2009; and the ALRC had
documented 38 such killings so far during 2010 up until May 12,
although information about other cases perpetrated during this period
continued to be.[ALRC report 2010].

Human rights are protected by the constitution and other international

declaration like- UDHR, ICCPR, ICESCR etc.

According to Article 32 of BD constitution, Article 3 of UDHR, Article 9 of

ICCPR, and Article 9 of ICESCR, No person shall be deprived of life or
personal liberty save in accordance with law.

According to Article 35 of BD constitution, Article 5 of UDHR, Article 7 of

ICCPR, and Article 5 of ICESCR, Protection inrespect of trial and punishment.
According to Article 33 of BD constitution, Article 9 of UDHR, Article 9 of
ICCPR, and Article 8 of ICESCR, Safeguards as to arrest and detention.
Bangladesh Constitution: (Article-27 + Article-31), UDHR( Article 7): All are
equal before the law and are entitled without any discrimination to equal
protection of the law.

Sections 15 (1), (2) and (3) of the Prohibition to Torture and Death in Custody,
2013; Section 29 of The Police Act of 1861 protect the right to protection from
torture. Besides these, art. 7 of the ICCPR; art. 5 and 7 of the UDHR; art. 5 (2)
of ACHR; art. 3 of the ECHR; art. 1-3 & 13-16 of the CAT Convention; art. 32
of the Geneva Convention; art. 37 (a) of the CRC also ensure the right to
protection from torture.

Causes of this problem:

1. Bangladesh have 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 poppet of the government. Here the government does
not take any investigation about the extra judicial killing because some
time government does this for their own gain.
2. Some laws which make these killing lawful:
i. Right of private defence: According to section 96 to 106 of BPC every
person has the right of private defines 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.
ii. Section 54 of the Code of Criminal Procedure: Under Section 54 (S54) of
the Code of Criminal Procedure of 1898, individuals may be arrested
under suspicion of criminal activity without any order from a magistrate
or a warrant.
iii. Section 86 of the Dhaka Metropolitan Police Ordinances: Section 86 of
the Dhaka Metropolitan Police Ordinance echoes the provision of section
54 of the Code of Criminal Procedure.
iv. Special Powers Act 1974: The Special Powers Act of 1974 is deemed by
human rights activists and other members of civil society as a repressive
law. The use and abuse of this Act in the name of protecting the security
of the State has resulted in a steady pattern of human rights violations.
The Act provides ‘special measures’ for the prevention of pre judicial
activities, for a speedy trial and punishment for grave offences.Law
 enforcing Agencies do Crossfire in exercise of their right of private
defines.
3. The RAB acknowledges that its officers have killed at least 622 people
since the force was established in 2004. The chairperson of the National
Human Rights Commission recommended in December 2009 that all
allegations of RAB killings be investigated by an independent
commission of inquiry. At this writing the government has taken no
action on this, and not a single member of the RAB has been criminally
prosecuted for involvement in torture or killings.
4. In one abortive attempt at justice, the High Court issued a suomo to ruling
calling on the government to explain why action should not be taken
against the RAB officers responsible for the "crossfire" killing of Lutfar
and KhairulKhalashi in November 2009. However, before a ruling could
be issued, the relevant judicial bench was reorganized and the case has
not since been heard by the court.[ Human Rights Commission
Report2011]
5. Though it is illegal and against human rights, it has some positive impact
on society, these are given below-
❖ In some cases like religious extremism, global terrorism, inter-state
and regional threat of internecine attack, extrajudicial killing is suggested
by many to be as legal considering saving many lives than killing one.
❖ Crossfire in border area is preferred to secure and ensure sovereignty
❖ Sometimes it is helpful for common people who are the victim of
terrorism because some cases under trial never ended.
❖ It helps to reduce corruption.
❖ To reduce terrorism, extrajudicial killing is preferred.
❖ It reduces illegal trade in border areas.
❖ It creates a fearful situation assuming that the chronic offender will be
vanished to commit future crime.
❖ It might also be beneficiary to the underworld kidnapping to hide the
real offender.
❖ Rapid extrajudicial killing will congenial to the parties involved in the
conflict of interest and political gain.
Recommendations

From the overall condition of the extra-judicial killing in Bangladesh, I will

give some recommendation to stop extra-judicial killing in Bangladesh and
protect and promotion of fundamental rights for everyone:

1. The government should be active to protect extra judicial killing.

2. The police should be followed the rules of arrest.
3. The police may be allowed to arrest on suspicion only after collecting
some relevant material/evidence in support of the arrest without warrant.
4. 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.
5. The competent magistrates may be authorized to release an arrested
suspect should the arresting police fail to file a case within a specified
short period of time, preferably within 48 hours from arrest.
6. The lawyers(s) of the victim’s choice must be allowed to meet him/her as
early as possible and stay there during interrogation.
7. Increase public awareness.
8. The government should cooperate with the human rights organization.
The investigation of extra judicial killing should done by other person
like magistrate not by the police authority.
9. Set up an independent and impartial body to promptly, thoroughly and
effectively investigate all allegations, since 2004, of extrajudicial
executions, torture and unacknowledged detention.
10.Publicly provide information on the location of all places of detention;
persons hold only be held in officially recognized places of detention.
11.Provide detainees prompt access to legal counsel, medical personnel, and
family members.
12.Disclose the truth and ensure reparations to victims of human rights
violations.
13.Bring those found responsible to justice in a fair trial, regardless of their
rank or position.
14.Abolish the impunity of law enforcement agency.
15.Increase the power of judiciary system.