“Does Extra Judicial Killings diminish public faith on judicial system of Bangladesh? Do you agree with this statement? – Explain & Illustrate”
The debate of Extra Judicial killing has been started from 4 party’s alliance govt. since the formation of the elite Rapid Action Battalion (RAB) in March 2004.1 Killing by different law enforcement agencies in the term of different govt. are very common scenario in Bangladesh. In 1972, Jatiya Rakkhi Bahini came into force and had become infamous for its extrajudicial executions until it was absorbed into the army in 1975.2 When RAB came in the year 2004, then this debate has risen up for one more time. Presently, the ruling Govt. Awami League has given their voice to stop extrajudicial killing in their election convention if they would take the rule of country. However, they don’t stop the extrajudicial killing. Different Human rights org., Human Rights Watch, different countries has criticizing it & urged to stop it.
| E |
xtra Judicial Killing3
There is no excepted definition of Extra Judicial Killing. An extrajudicial killing is the killing of a person by governmental authorities without the sanction of any judicial proceeding or legal process. Extrajudicial 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.
These extrajudicial killings are being categorized under a new vocabulary of “crossfire,” “encounters,” etc.4
It is not only occurs in Bangladesh but we will find many examples of different countries who are used to with extrajudicial killing., such as Iraq, Central America, Russia, Thailand, Middle East etc.
1 Razia, Sultana; “Extrajudicial Killings in the Name of Crossfire”, Human Rights Solidarity, Vol. 15, No. 4
2 Hasan, Tarique; “BCS Digest”, Millers Publication, 2009
3 Extrajudicial killing- Wikipedia, the free encyclopedia
4 Razia, Sultana; “Extrajudicial Killings in the Name of Crossfire”, Human Rights Solidarity, Vol. 15, No. 4
Although some people supporting the extrajudicial killing in case of eradicate the terrorism through terrors. “In reality, it encourages lawlessness and aggravates “state terrorism.” Therefore, it may have a huge chance to use it to approve the condemned power which is a very good tool to diminish the opposites of any ruling govt.
| R |
ule of law:5
In more recent times, it is Albert Venn Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. He laid out his three principles of the rule of law in his 1885 book An Introduction to the Study of the Law of the Constitution (often abbreviated as Law of the Constitution):
r everyone is equal before the law
r no one can be punished unless they are in clear breach of the law
r there is no set of laws which are above the courts
Therefore, we can say that, proper implementation of rule of law can reduce the rate of “Extrajudicial killings”
| S |
ources of law 6
Law of Bangladesh is primarily in accordance with the [English legal system] although since [1947], the legal scenario and the laws of Bangladesh have drifted far from the West owing to difference in socio-cultural values and religious guidelines. In November [2007], Bangladesh has successfully separated the Judiciary from the Executive but several black laws still influence the rulers in creating Special Tribunals in using several black laws including the Special Powers Act. Here I am going talk about the
r Equality before law. (Article -27)
All citizens are equal before law and are entitled to equal protection of law.
r Right to protection of law. ( Article-31)
To enjoy the protection of the law, and to be treated in accordance with law, and only 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.
r Safeguards as to arrest and detention. (Article-33)
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person- (a) who for the time being is an enemy alien; or (b) who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorize the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the
Republic has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention.
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.
(6) Parliament may be law prescribes the procedure to be followed by an Advisory Board in an inquiry under clause (4).
r Protection in respect of trial and punishment. (Article- 35)
(1) No person shall be convicted to any offence except for violation of al law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law.
(4) No person accused of any offence shall be compelled to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.
6 Part -3, Bangladesh Constitution, Article-27, 31, 33 & 35
| E |
xtra Judicial Killings & its impact
An authority or govt. must not use their power illogically. Sometimes some extent of power can be used to arbitrarily over citizens but in that case govt. first makes sure that this power can be used wisely. Otherwise it might promote injustice to the country.
For example, Police can arrest any individual without any warrant & without the order from any magistrate under the criminal code: section 54.7 Similar type of law can be used by DMP at late night to arrest any individual who are not able give satisfactory explanation to be there at night.8
Basically these two are clearly stated example of the arbitrarily use of power of law enforcement agencies.
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.9
Attempts by the judiciary to address the frequency of killings by ‘crossfire’ seem to have been negligible.10
Rather than attempt to address the deep institutional problems in Bangladeshi courts, including the non-independence of judges, political control of prosecutors and rampant corruption described elsewhere in this report, the government has found it easier— and more suitable for its own purposes—to mete out “justice” through the gun, no matter the consequences. That is one of the main reasons why crossfire or extrajudicial killing is very familiar to the govt.
Through these extra judiciary killings there are lot of negative impact has been created.
r It is the violation of Human Rights.
r It shows us the weaknesses of Administration
r Its Violates our Constitution
r Shows us the weaknesses of Democratic system
r Govt can lose its popularity among to citizens.
7 Section 54 of the Code of Criminal Procedure 1898
8 Section 86 of the Dhaka Metropolitan Police Ordinance
9 Malik, K., M., “Extrajudicial Killings & Custodial Torture”, 28 May, 2010
10Lawless law-enforcement & the parody of judiciary in Bangladesh, article 2, vol. 5, no. 4, August 2006
r It will create negative impact on people s mind about the law enforcement forces.
r Shows us the weaknesses of Judiciary Laws & systems.
After knowing about its impact we can easily stated that, Extrajudicial Killing is not a good idea at all. That’s why, to understand its negative consequences The High court of Bangladesh has stated the Suyemoto Rule upon the Govt. to stop all kinds of Extra judiciary killing immediately & Show cause the govt. about previous crossfire’s.11
| S |
uggestions
Govt. should take the following policies to create control over the crimes instead of using Crossfire, Encounters etc.
r To make tough implication of laws.
r The judiciary process must be complete in time, implicate the amendment immediately.
r Arrests all type of terrorists & their godfather unbiased & take them under the rule of law.
r All sorts of law enforcement org. must be up to date.
r To create Social revolution against all kinds of unlawful activities.
r To take essential policy & come up with laws that can prevent crimes.
| I |
n conclusion, we can say that, These Extrajudicial killings have never been a good policy to controls the crimes. Many countries such 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 fear among the people due to its unwise, negative uses. There are a no. of examples are available in this regards. In the end which diminishes public faith on judicial system of Bangladesh.
11Hasan, Tarique; “BCS Digest”, Millers Publication, 2009
| B |
Ibliography
1. Razia, Sultana; “Extrajudicial Killings in the Name of Crossfire”, Human Rights Solidarity, Vol. 15, No. 4
2. Hasan, Tarique; “BCS Digest”, Millers Publication, 2009
3. The Constitution of Bangladesh.
4. Human rights watch
5.Code of criminal procedure e 1898
6. The Dhaka Metropolitan Police Ordinance
7. Malik, K., M., “Extrajudicial Killings & Custodial Torture”, 28 May, 2010
8. Lawless law-enforcement & the parody of judiciary in Bangladesh, article 2, vol. 5, no. 4, August 2006
9. Wikipedia (n.d). About Extrajudicial killing, Retrieved February 15, 2011, from http://en.wikipedia.org/wiki/Extrajudicial_killing
10. Everything (n.d). About Diceys View, Retrieved on February 17, 2011 from http://everything2.com/title/Dicey%2527s+views+on+the+rule+of+law+and+the+supremacy+of 11. Halim, M.A. 1998. Constitution, Constitutional Law and Politics: Bangladesh
a. Perspective. Dhaka: Rico printers
style=”text-align: justify;” size=”1″ />
5 Everything (n.d). Diceys View on Rule of Law
Correspondence
For: The Lawyers & Jurists
M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,
Bijoy Nagar, Dhaka-1000.
Email-admin@lawyersnjurists.com/nomaer@hotmail.com
www.lawyersnjurists.com
Country code+ Ph No.
Ph:0088-02-9571389; 0088-02-9513408,
0088-02-9564329, 0088-02-9564398
Direct cell with country code:
Local Code :
a)0088-01733689444
b)0088-01674647033
C)0088-01552632768