“Extra Judicial Killing in Bangladesh is Violation of Fundamental Right Provided in Constitution of Bangladesh.”

Introduction

 Extra judicial killing is one kind of crime. Any peaceful man does not expect extra judicial killing. It cataract to the judiciary and the new National Human Rights Commission to make sure that human rights are fully imposed, not least with value to allegations of pain and extrajudicial killings by security forces. If there is no punishment for such crimes, there is no restriction emanating from the State and such violence becomes authorized, officially or unofficially. Clearly, it is important to ensure that the clash against crime and terrorism is conducted successfully, but that can only be ensured in a constant way by respecting the rule of law.[1] In our country extra judicial killing is occurred by RAB. That is legalized by our government. But this is not right because every person have some fundamental rights. One of fundamental right is to get proper judgment by law.

Constitution of Bangladesh

Our country’s constitution is a written constitution. It is not easily changeable. If we want to change our constitution so we must need 2/3 vote of our parliament members. The constitution proclaims nationalism, democracy, socialism and secularity as the fundamental principles of the Bangladeshi republic.[2] It is one of the most liberal constitutions. Our constitution came into effect from December 16, 1972. Many different laws are written.

Laws inconsistent with fundamental rights to be void.[3]

 (1) All existing law not consistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this Constitution.

(2) The State shall not make any law conflicting with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void.

[(3) Nothing in this article shall apply to any amendment of this Constitution   made under article 142].

Constitution provides all kind of facilities which we need for well living. Extra judicial killing is not good for any country. Because it destroy our international relation. Foreign country does not want to help this particular country.

 Fundamental Rights

Rights are legal, social or ethical values of freedom or right. Rights are the fundamental normative rules. Rights are significance in such disciplines as law and principles especially theories of justice deontology. Rights are often measured fundamental to civilization. The correlation between rights and struggle cannot be overstated—rights are not as much settled or capable as they are fought for and claimed.[4] Rights have many types like natural and legal rights, claim and liberty rights, negative and positive rights, individual group rights. Every right has different uniqueness.

Natural rights versus legal rights

Natural rights are rights which are natural, not man made or artificial. Natural rights are known as moral rights or analienable rights.[5]

Legal  rights,  in  contrast, are  based  on  a  societies  customes,laws,status  or  actions  by  legislatures. An example of legal right is the right to vote for citizens. Legal rights are sometimes called civil rights.

Claim rights versus liberty rights

A claim right is a right which entails that another person has a duty to the right holder. Like in jurisdiction where social welfare services are provided, citizens have legal claim rights to be provided with those services.

A liberty right or privilege, in contrast, is simply a freedom or permission for the right-holder to do something, and there are no obligations on other parties to do or not do anything.[6] Legal rights and claim rights are the inverse of on another.

Positive rights versus negative rights

Positive rights are permissions to do things, or entitlements to be done unto. One example of positive right is the purported “right to welfare”

Negative rights are not to do things, or entitlements to be left alone.[7] It is opposite of positive rights.

Individual rights versus group rights

Individual rights are rights held by individual people regardless of their group membership or lack thereof.

Group rights have been argued to exist when a group is seen as more than a mere composite or assembly of separate individuals but an entity in its own right.[8] Some argue that when soldiers bond in combat, the becomes like an organism in itself and has rights which trump the rights of any individual soldier.

Rights and politics 

Rights are often included in the foundational questions governments and politics have been designed to deal with. Often the development of these socio political institutions has formed a dialectical relationship with rights. Accordingly, politics play an important role in developing or recognizing the above rights, and the discussion about which behavior are included as “rights” is an ongoing political topic of importance. The concepts of rights vary with political orientation.

Fundamental Rights in Bangladesh

Bangladeshi people have 23 fundamental rights under the Constitution of Bangladesh.[9]  The Fundamental Rights in Bangladesh under below:

  1. Laws inconsistent with fundamental rights to be void (Article-26)
  2. Equality be fore law (Article-27)
  3. Discrimination on grounds of religion, etc. (Article-28)
  4. Equality of opportunity in public employment (Article-29)
  5. Prohibition of foreign titles, etc. (Article-30)
  6. Right to protection of  law (Article-31)
  7. Protection of right to life and personal liberty (Article-32)
  8. Safeguards as to arrest and detention (Article-33)
  9. Prohibition of forced labor (Article-34)
  10. Protection in respect of trial and  punishment (Article-35)
  11. Freedom of  movement (Article-36)
  12. Freedom of assembly (Article-37)
  13. Freedom  of association (Article-38)
  14. Freedom of  thought and conscience, and  of  speech (Article-39)
  15. Freedom of  profession  or occupation (Article-40)
  16. Freedom of religion (Article-41)
  17. Rights of property (Article-42)
  18. Protection  of  home and correspondence (Article-43)
  19. Enforcement of fundamental rights (Article-44)
  20. Modification of rights in respect of disciplinary law (Article-45)
  21. Power to provide indemnity (Article-46)
  22. Saving for certain laws (Article-47)
  23. Inapplicability of certain articles (Article-47A)

Extra Judicial Killing

Extra judicial killing is unethical. Because every person have right to get proper judgment. Although extra judicial killing reduce crime but it is not acceptable. Because many general people are killed for this type of killing. Another name of extrajudicial killings is Crossfire. Killings by law enforcement agencies are common in Bangladesh. In 1972, the paramilitary group Jatiya Rakkhi Bahini came into force and had become renowned for its extrajudicial executions until it was engaged into the army in 1975. Now, since the formation of the selected Rapid Action Battalion (RAB) in March 2004, such killings are again on the rise and are being categorized under a new terms of “crossfire,” “extrajudicial killings,” “encounters,” etc.

The government tries to justify the killings by using the term “crossfire,” which it refers to as gunfights between any suspected criminal group or “unsentimental” criminals and the RAB or police. The term “death in an encounter” is worn in other countries to mean the same thing, but the term “crossfire” is favored by law enforcement agencies in Bangladesh. The evil suggestion associated with the word demonstrates the total weakness of the people facing extrajudicial killings that are taking place in Bangladesh.

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.

“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.
Although some people believe that extrajudicial killing of cynical criminals helps ease the problem of “terrorism,” in reality, it encourages lack of control and aggravates “state terrorism.” In different countries across the world, people in power have created a feeling 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.”[10]

Laws Being Ignored

In Bangladesh, the law says minimum force should be useful to arrests and every person has the right to seek a trial. In the cases of “crossfire” and “encounters,” however, we find that these legal requirements are being totally ignored.

Article 31 of the constitution of Bangladesh states: “To enjoy the protection of law, and to be treated in accordance with law, is the absolute right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action unfavorable to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”

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 dispossession, the drafters of the constitution made this specific stipulation of safety even though these rights were already covered by Article 31.

What is inherent in 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 proof of their right or grumble. Even a deserter is entitled to a legal defense when the death penalty is involved.

 Example of some extra judicial killing

By Jahangir Alam Akash, More two people were killed in extra judicially by RAB at Keranigonj of Dhaka. On 28th February, 2010 early in the morning it was happened. The killed are Pappu (27) and Abdus Sattar (26). With this killing, 155 people were killed extra judicially in Bangladesh under the present Awami League government. Extra judicial killings were started by RAB during BNP-Jammat government in 2004.[11]

Another person was killed in extra judicially in Bangladesh. Today on 24th February, 2010 it happened by police at Pangsha of Rajbari. (Source: the daily Star, internet edition, 24-2-2010). The killed was identified as Ramzan Ali. With this killing, 153 people were killed extra judicially in Bangladesh under the present Awami League government.

On 23rd February, 2010 another person was killed by RAB-police in extra judicially. The killed is Saidul Islam in Kushtia. Before this killing on 15 February, 2010 another was killed by RAB at Kafrul in Dhaka. The killed was famous as Parvez. Osman Goni was killed by RAB-police on 30 January of this year at Dakshin Rangamatia village in Fatikchhari upazila of Chittagong.

The power of RAB is stronger than government in our country. The term “extrajudicial killing” means execution without justice.

Violation with fundamental right in constitution

The government of Bangladesh has been violating the constitution and Universal Declaration of Human Rights since 2004. According to Article 35(5) of the constitution of Bangladesh and Article 5 of the Universal Declaration of Human Rights, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” And according to Article 3 of the constitution of Bangladesh, “Everyone has the right to life, liberty and security of person.” But, in practice, Bangladesh does not ensure the right to life and has not complied with the Universal Declaration of Human Rights and the constitution of Bangladesh.

A few human rights organizations have long been asking the government to stop the killings, terming them “extrajudicial”. Moreover, the High Court of Bangladesh, on June 29, 2009, asked the government to clarify why killing people without a trial, in the form of extrajudicial killings, is not being declared as illegal, and why measures are not being taken against the perpetrators. After this ruling, we still haven’t seen anything happen.

Both governmental and nongovernmental sources have said that the death toll has reached 152 from such extrajudicial killings – labeled as “crossfire” killings, “encounter” killings or “gunfight” killings by the Rapid Action Battalion (RAB) and the police – since January 6, 2009 (from January 6, 2009 to 23 February, 2010) when the Awami League-led government assumed office. In Bangladesh, we have a so-called democracy, but there is no rule of law. Every day sees more killings of citizens by the state machinery, killings which are both well-planned and covered up.
The government of Bangladesh has been violating the constitution and the Universal Declaration of Human Rights day after day since 2002 (including operation clean heart).

In 2004, the BNP-Jamaat government made a decision about extrajudicial killings and formed the RAB. From March 26, 2004 until January 31, 2009, around 1,600 people (including 58 killed peoples in operation clean heart of 2002) have been killed without justice.

Bangladesh urged to lift ban on extrajudicial executions exhibition

Amnesty International has urged the Bangladeshi authorities to lift a ban on an exhibition of photographs raising awareness about alleged extrajudicial executions carried out by a special police unit.[12]
“Yesterday’s closure of the Drik Picture Library exhibition ‘Crossfire’ in Dhaka is a blow to the right to freedom of expression,” said Amnesty International’s Bangladesh Researcher, Abbas Faiz. “The government of Bangladesh must act immediately to lift the police ban and protect the right to peaceful expression in words, images or any other media in accordance with Bangladesh’s constitution and international law.”
Hours before the “Crossfire” exhibition was due to open at a special ceremony in Dhaka, police moved in and demanded that the organizers cancel it. When they refused to shut it down police closed the premises, claiming that the exhibition had no official permission to open and would “create anarchy”.
Hundreds of people have been killed in Bangladesh since 2004 when the special police force, the Rapid Action Battalion (RAB), was established. [13]
In most cases, victims who die in the custody of RAB and other police personnel are later announced to have been killed during “crossfire” or police “shoot-outs”.
Amnesty International and other human rights organizations consider these killings to be extrajudicial executions.
Human rights lawyers in Bangladesh see the closure of the exhibition as unjustified and with no legal basis. They are seeking a court order to lift the police ban on the exhibition.
Drik’s Director, Shahidul Alam says he has held hundreds of other exhibitions without needing official permission, and that “the government invoked a prohibitive clause only because state repression was being exposed”.
Abbas Faiz said: “By closing the ‘Crossfire’ exhibition, the government of Bangladesh has effectively reinforced a culture of impunity for human rights violations. Amnesty International is calling for the government to take action against those who carry out extrajudicial executions, not those who raise their voices against it.”
The ban is also inconsistent with Prime Minister Sheikh Hasina’s pledges that her government would take action to end extrajudicial executions.
Amnesty International has urged authorities to allow peaceful protests against the killings and to bring the perpetrators to justice.

Comparative assessment

From above discussion we see that constitution provide our fundamental right but above these reasons people can not get their fundamental rights. Many unethical killing is occurred for extra judicial killing. Many people are killed by RAB without any justice. Although these people was not criminal. Extra judicial killing is violation of fundamental right provided in constitution of Bangladesh. Because our constitution ensures our fundamental rights but extra judicial killing is against our fundamental right.

Conclusion

Bangladeshi people have 23 fundamental rights under the constitution. One of the most important rights is to get proper judgment.  Extra judicial killing is violated by our constitution. Our constitution does not support extra judicial killing. But in our country extra judicial killing is occurred continuously. Government must stop extra judicial killing. Because it reduces our international relation. For getting proper judgment we all of us should against this type of killing.

Bibliography

2425 [Online] // www.hrsolidarity.net. – www.hrsolidarity.net/mainfile.php/2005vol15no03/2425/.

bangladesh-urged-lift-ban-extrajudicial-killings-exhibition-2010-03-23 [Online] / auth. www.amnesty.org/en/news-and-updates/bangladesh-urged-lift-ban-extrajudicial-killings-exhibition-2010-03-23 // www.amnesty.org/en/news-and-updates. – www.amnesty.org/en/news-and-updates/bangladesh-urged-lift-ban-extrajudicial-killings-exhibition-2010-03-23 .

constitution/part3.htm [Online] // http://www.pmo.gov.bd. – http://www.pmo.gov.bd/pmolib/constitution/part3.htm.

crossfire [Online] // http://www.shahidulnews.com. – http://www.shahidulnews.com/crossfire/.

extra-judicial-killings-by-bangladesh.html [Online] // www.modernghana.com. – www.modernghana.com/blogs/266017/31/extra-judicial-killings-by-bangladesh.html.

www.extrajudicialkilling.info [Online] // www.extrajudicialkilling.info. – www.extrajudicialkilling.info.

 http://en.wikipedia.org/wiki/Rights

http://en.wikipedia.org/wiki/Law_of_Bangladesh http://en.wikipedia.org/wiki/Constitution_of_Bangladesh

Article of claim rights and liberty rights.

Article of individual rights and group

Article of natural and legal rights rights

Article of positive rights and negative rights.

Source. The daily Star, internet edition, 24-2-2010


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[1] www.extrajudicialkilling.info.

[2] http://en.wikipedia.org/wiki/Constitution_of_Bangladesh.

[3] http://www.pmo.gov.bd/pmolib/constitution/part3.htm

[4] http://en.wikipedia.org/wiki/Rights

[5] Article of natural and legal rights.

[6] Article of claim rights and liberty rights.

[7] Article of positive rights and negative rights.

[8] Article of individual rights and group rights

[9] http://en.wikipedia.org/wiki/Law_of_Bangladesh

[10] www.hrsolidarity.net/mainfile.php/2005vol15no03/2425/

[11] www.modernghana.com/blogs/266017/31/extra-judicial-killings-by-bangladesh.html

[12] www.amnesty.org/en/news-and-updates/bangladesh-urged-lift-ban-extrajudicial-killings-exhibition-2010-03-23

[13] http://www.shahidulnews.com/crossfire/