Custodial Death Is A Gross Violation of Human Rights-Explain & Illustrate
1. INTRODUCTION
The word custody implies guardianship and protective care. Even when applied to indicate arrest or incarceration, it does not carry any sinister symptoms of violence during custody. No civilized law postulates custodial cruelty – an inhuman trait that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation; a senseless exhibition of superiority and physical power over the one who is overpowered or a collective wrath of hypocritical thinking. It is one of the worst crime in the civilized society, governed by the rule of law and poses a serious threat to an orderly civilized society. Torture in custody flouts the basic rights of the citizens and is an affront to human dignity.
Custodial death: Violative of human right Judicial conscience recognized human rights of prisoners because of its reformist approach and the belief that convicts is also human beings and that the purpose of imprisonment is to reform them rather than to make them hardened criminals. Prisoners have human rights and prison torture is the confession of the failure to do justice to living man. For a prisoner, all fundamental rights are an enforceable reality, though restricted by the fact of imprisonment. Simply stated, the death of a person in custody whether of the Police or Judicial will amount to Custodial Death. No doubt, the police plays vital role in safeguarding our life, liberty and freedoms. But the police must act properly, showing fall respect to the human rights of the people, remembering that they are also beneath the law, not above it and can be held liable for the violation of human rights. One can always argue that prisons formed islands of lawless discretion in a society guided by the values and often the practice of the rule of law, where the authorities exercised arbitrary power over the prisoner’s lives. Now I explain about gross violation of human Rights.
2. What is custodial death?
When the criminals are kept in the prison, they become the prey of custodial violence. Custodial violence means torturing of police on the prisoners. Torture is sometimes necessary and is authorized by the government to control the jailbird people who become very offensive. Some prisoners are kept in the prison to provide valuable information to the police about their gang. This is called remand (2).
1. It is the duty of all the people in a society to keep it safe. But as a representative of the government, the police have the responsibility more than any other people to look after the society and to stop crime. They have the authority of the police to take care of the people of the society.
2. In many cases the criminals are not likely to co operate the police in diminishing the crime from the society. Then the court orders the police to take the prisoner in the jail and torture him/her to find out the information necessary to find out other criminals.
When any criminal is taken in remand, the police are told to find out the necessary information from the criminals by hook or by crook whish at the same time does not mean that the police is allowed to take the life of the criminals to get information. But in many countries, especially in the developed countries, the criminals are killed in the prison by the police which are called custodial death. It might happen that the criminal is not concurring to provide the desired information to the police. In that case the police might increase the level of torture but can never kill the criminal. There is no doubt that the police play a vital part in safe keeping the life of the general people and to do that they must have to take necessary action against any kind of unlawful activity. But at the same time they have to be responsible to the law as well. They must show respect to the human rights of all the people. The police should always remember that like all other people they are also under the law and not above it. They must be liable for any kind of breach of law. Any kind of brutal action in the prison by the police might cause the death of the prisoner and the police must be liable for that. Many people might say that the criminals violate the laws and make the life of the general people like hell. So there is no need to show lawful behavior toward them in the custody. But this is not solution of the problem. The criminals should go through the legal procedure of the law and find what they deserve. Custodial deaths are very much related to the random arrest and custodial violence of the criminals. The acts is always discouraged by Law.
3. Conceptual aspect regarding custodial death
Law has always discouraged the acts or omissions which in general can affect right in rem and violators have always been punished with strict sanctions but the crime rate is not falling and State is in regular quest to preserve social solidarity and peace in society. Whenever death occurs in custody, it raises the public interest and attracts media attention. Not that at each time the death is due to violent causes but at times may be due to natural causes or due to inadequate medical facilities or medical attention and diagnosis, or negligent behavior of authorities or may be due to physical abuse and torture. Since time immemorial man has been attempting to subjugate his fellow human beings. Those in power are used to twisting and turning the people through violence and torture, and torture under custody has become a global phenomenon. Men, women and even children are subjected to torture in many of the world’s countries, even though in most of these countries, the use of torture is prohibited by law and by the international declarations signed by their respective representatives. A problem of increasing occurrence and repugnance had been the methods of interrogation and torture perpetrated upon prisoners and detainees. Persons held in custody, by police or by prison authorities, retain their basic constitutional right except for their right to liberty and a qualified right to privacy. The Magistrate inquest is mandatory for any death of a person in custody to ensure examination of the circumstances leading to death. Beyond Magistrate’s inquest and in recent year’s information to Human Right Commission, however, there is no formal public scrutiny of in-prison deaths and under such situations many avoidable factors leading to death remains unexplored.
4. What is human right?
The fundamental rights that humans have by the fact of being human, and that are neither created nor can be abrogated by any government.
Supported by several international conventions and treaties (such as the United Nation’s Universal Declaration of Human rights in 1948), these include cultural, economic, and political rights, such as right to life, liberty, education and equality before law, and right of association, belief, free speech, information, religion, movement, and nationality. Promulgation of these rights is not binding on any country, but they serve as a standard of concern for people and form the basis of many modern national constitutions. Although they were defined first by the Scottish philosopher John Locke (1632-1704) as absolute moral claims or entitlements to life, liberty, and property, the best-known expression of human rights is in the Virginia Declaration of Rights in 1776 which proclaims that “All men are by nature equally free and independent and have certain inherent rights, of which, when they enter a state of society, they cannot, by any compact, deprive or divest their posterity.” Called also fundamental rights. See also civil rights and natural rights
5. Custodial Death According To Bangladesh
- On July 6th 2010, three police officers of Darus Salam Police Station have been suspended following the death of an alleged drug peddler in police custody. The suspension order was for Sub Inspector Hekmatullah, Assistant Sub Inspector Moshiur Rahman and another ASI Abu Sayem. The Police on July 1 arrested Mojibur Rahman, 45, for his alleged involvement with drug peddling. His body was recovered from the Turag River adjacent to the police station on the following day.
- On July 4th 2010, two Sub Inspectors of Gulshan Police station were closed to the Rajarbagh Police Lines following the death of Mizanur Rahman, who died in police custody. His relatives alleged that the police killed Mizanur for not giving bribes. The police claimed that he had died while mugging
- An auto rickshaw driver was killed in police custody on June 28th, 2010.
- On February 8th 2010, three officials of Keraniganj Police Station, including the officer in charge have been sued for the death in custody of a murder suspect last week. Addu miah, father of victim Lutfur Rahman Miah, Alias Manik, filled the case with Dhaka Chief Judicial Magistrate’s Court on Monday, alleging that his son was tortured to death while in police custody. But Keraniganj Police claimed that he committed suicide. Keraniganj Police Chief Md. Asaduzzaman, Sub Inspectors Zahidur Rahman and Harunur Rashid have been accused in this case. On February 1, Keraniganj Police said 38 years old Manik, detained in connection with the murder of a woman, had hung himself in the toilet of Police.Station
Rapid Action Battalion is an elite anti crime and anti terrorism unit of Bangladesh Police constituted amending the Armed Police Battalion Ordinance, 1979. Under the command of Inspector General of Police (IGP) it consists of Bangladesh Police, Bangladesh Army, Bangladesh Navy, Bangladesh Air Force, Border Guards Bangladesh and Bangladesh Ansar. It was formed on 26 March 2004 and started its operation from 14 April 2004. Since its establishment, the RAB has seized huge numbers of illegal arms and ammunition (3), it has also had many notable arrests (4). Still the RAB had to face strong and extreme criticism from different human rights organizations. Amnesty International criticized RAB’s lack of accountability as it has been responsible for numerous deaths which have been attributed to “Crossfire”.
3.RAB has seized approximately a total of 3,149 illegal arms and 36,000 rounds of ammunition.
4.RAB successfully arrested notorious Bangla bhai and Shaiokh Abdur Rahman. Not only these two but RAB also arrested many more notorious terrorists and drug dealers.
In March 2010, the battalion leader stated that they have killed 622 people due to “Crossfire” while some human rights organizations claim that this number is over than one thousand. There have also been many reports of torture (5). According to media reports, local and international human rights organizations and the govt. the RAB killed 41 persons during the year of 2009 and 68 persons in the year of 2008. The deaths, some under unusual circumstances, occurred during raids, arrests and other law enforcement operations or in some cases while the accused were in custody. The govt. often described these deaths as “Crossfire”, “Gunfight” or “Encounter Killings”. These terms are used to characterize exchanges of gunfire between the RAB or Police and criminal gangs.
The following is the statistic of custodial death in Bangladesh in recent years:
| Year | Number of death |
| 2010 | At least 64 people |
| 2009 | At least 54 people by both police and RAB |
| 2008 | More than 100 people |
| 2007 | At least 130 people |
6. Custodial Deaths in India
May 31: Custodial Violence means torture in police custody. Torture is no doubt an international phenomenon [1]but the incidents are much more in developing countries and the overall situation in India is far from being satisfactory.
Custodial deaths are perhaps one of the worst crimes in a civilized society governed by the Rule of Law.
There are numerous cases where the police officers have misused their powers on the people and toyed with their lives. The police officers, who are regarded as the custodian and guardian of law, have acted in just the contrary manner and have failed to protect the very basic right to life guaranteed by article 21 of the Constitution.
Custodial violence is a matter of concern. It is aggravated by the fact that it is committed by persons who are supposed to be the protectors of the citizen. It is committed under the â??shield of uniformâ? and within four walls of a police station or lock-up, the victim being totally helpless.
Whenever human dignity is wounded, civilization takes a step backward. It is a calculated assault on human dignity. Custodial violence and abuse of police power is not only peculiar to this country but it is also widespread. However in our country it is considered second to none. It has been a concern of the international community because the problem is universal and the challenge is almost global.
The devotional and ethical services rendered by the police, as a social service institution is undoubtedly laudable but who can forget the recently exposed D.G. Vanzara for his cold blooded killing of innocent people? Known as an encounter specialist, the serial killer did all to tarnish the image of police by his ruthless killing of innocent.
Due to certain unscrupulous activities of a handful of policemen, the esteemed image of police is getting vanished at the speed of knots. We see that the arrested persons, the under trials and sentenced persons are treated in subhuman conditions. The right to know for which offence a person has been detained is frequently breached by the detaining authorities.
Though international laws criminalize torture, torture enjoys unprecedented license in India. Torture seems to be legalized in India. The methods of torture adopted by government officers involve gross forms of inhumanity. According to united nationâ??s special rapporteur on torture, people are â??routinely torturedâ? in India. It has become a common phenomenon and routine police practice of interrogation these days.
In recent years, third degree torture and custodial deaths have become an intrinsic part of police investigations and the injury inflicted on the prisoners is sometimes unbearable. No doubt, the police officers have contributed towards the maintenance of public order and their plans are also enforced with purity, activity, vigilance and description. But more often that, the police officers have been abused and condemned for torturing the public, particularly those who are in custody and detention, and inflicting injuries to their life and property.
In almost every state there is an increase in frequency of deaths in custody, generally prescribed by the newspapers as lock-up deaths. Newspapers, almost everyday, carry reports of assault, torture, rape[2], and death of persons in police custody.
This feature has attained such an alarming proportion that it is affecting the credibility of the rule of law and order and also the administration of the criminal justice system. Hence there is an urgent need to examine the issue in depth to develop criminal jurisprudence and also to make the police officers accountable for their acts and omissions.
The Indian Constitution has conferred many rights on the citizen of India and its importance needs no explanation. Hence, the courts as well as the police officers, that is, the Law Enforcement Officers of the State should strive to prevent anyone from committing a breach of the same.
Despite the fact that we have detailed provisions to protect and safeguard the human rights of the people, we see that a steady process of devaluation of human dignity and personality is irresistibly advancing and brutal betrayal of those basic rights, which are enshrined in INTERNATIONAL BILL OF HUMAN RIGHTS, becomes a common scenario. The human rights are daily providing to be a mere teaming illusion and promise of unreality.
Custodial violence including torture and death in lock-ups strike a blow at the rule of law, which demands that the powers of the executive should not only be derived from law but also that the same should be limited by law.
It is therefore, for the government and the legislature to give a serious thought to there commendation of the Law Commission and National Human Rights Commission and bring about appropriate change in the law both to curb custodial crimes & also to ensure that the guilty are punished.
7. Many policemen suspended for custodial death in Bangladesh
Dhaka, July 6 (bdnews24.com) – Three officers of Dar-us-Salam Police Station have been suspended following the death of an alleged drug peddler in police custody.
The suspension order for sub-inspector Hekmatullah, assistant sub-inspector Moshiur Rahman and another ASI Abu Sayem came on Monday night, officer-in-charge of the station Abdul Malek confirmed bdnews24.com.
The Mirpur zone deputy police commissioner gave the order.
The police on July 1 arrested Mojibur Rahman, 45, for his alleged involvement with drug peddling.
His body was recovered from Turag River adjacent to the police station on the following day.
The Dar-us-Salam OC said: “They were suspended temporarily as their activities tainted the image of the police.”
Further steps would be taken after the probe committee submits its report, he added.
Following the death, the police formed an investigation committee tasked to prepare a report by 10 days.
On Sunday, two sub-inspectors of Gulshan Police Station were closed to the Rajarbagh Police Lines following the death of Mizanur Rahman, who also died in police custody.
His relatives allege that the police killed Mizanur for not giving bribes. The police claimed that he had died while mugging.
Also, an autorickshaw driver was killed in custody on June 28.
The Dhaka Metropolitan Police also formed two separate committees to investigate the incidents.
The High Court on Monday asked the government to constitute a committee to investigate custodial deaths.
The Dhaka city police chief had also been asked to submit a report in two weeks on steps taken under the criminal law against those responsible for the deaths.
The bench of justices AHM Shamsuddin Chowdhury and Sheikh Mohammad Zakir Hossain gave the order on a petition filed by two human-rights organisations.
It also asked the government and police why action should not be taken against the responsible people.
The poli[3]ce chiefs, sub-inspectors and assistant sub-inspectors of Gulshan and Dar-us-Salam Police Stations have been summoned before the court on July 19.
Last month, the High Court said it would no more tolerate deaths in custody and defiance of its orders to stop such murders.
The court, in an order, said it was under oath to safeguard people’s lives in line with the constitution. It also warned authorities through the attorney general’s office and other lawyers that they must stop custodial deaths.
The tendency to defy court orders also has to end, it said.
8. Political violence continues
Two rival groups of the Chattra League at the Barisal Polytechnic Institute
clashed in an attempt to exert presence and control over the campus. The clash
left 8 persons seriously injured. On May 4, 2010, members of the Mishu and
Anup group of the Chattra League unit of the Polytechnic Institute attacked
Nazrul from the group of Abdur Razzak, President of the Polytechnic Institute
Chattra League and left him on campus. Nazrul’s veins were severed. On hearing
this news, Razzak and his companions entered the campus with sharp weapons
after which there was a clash between the two groups. The clash left Shobuj,
Shubir and Riaz and eight others, all students of the Institute, seriously injured.9
On May 5, 2010, when members of the BNP were on their way to attend Begum Khaleda Zia’s meeting at Rajshahi, they were attacked by Awami League activists
at Shingra, Natore. The attack left Zakir Hossain, Joint Convener of the BNP of
Gari Doho Union of Sherpur, dead and over a hundred BNP members injured.10
On May 5, 2010, a group of 10-12 persons led by Nantu, Shaju, Muhit and Farhad of the Chattra Dal attacked the Chattra Dal President of the Sylhet Government College, Abdul Rakib Chowdhury and his brother Abdul Hasib Chowdhury. asib was severely injured during the attack and has been admitted to the Sylhet Women’s Medical College Hospital.11
The activists of Chattra League attacked the followers of the Shomajtantrik
Chattra Front at the Noakhali Government College. The attack left 10 persons
injured. On May 6, 2010, the female students of the Muktijoddha Wahadur
Rahman Ohud Female Hostel organised a human chain demanding a reduction of
the hall charge. When the members of the Chattra Front expressed solidarity with the cause and tried to organise a protest procession on the campus, they were attacked by the activists of the Chattra League. The attack left the local President,General Secretary of the Chattra Front and 10 others injured.12
An Awami League leader has physically assaulted the Head Mistress of Bhitorbag High School at Bagatipara, Natore. The Awami League leader Abdul Kuddus and seven of his associates entered the school with canes on May 3, 2010 following a rift that was related to the nomination of the President of the school’s Managing Committee. They then attacked Head Mistress Mahmuda Begum. She was admitted to the Puthiya Upazilla Health Com[4]plex.
According to information gathered by Odhikar, 21 have been killed and 1323
injured in political violence during May 2010. There were also 78 incidents of
internal violence in the Awami League and 07 in the BNP. In addition to this, 04
people were killed in Awami Leagues internal conflict while 562 were injured.
On the other hand, 01 was killed in BNP’s internal conflict people and 67
persons were injured in BNP initiated violence.
Attack on journalistsSayyed Nur, Farid Ullah and several other Chattra League activists led by thePresident of the Naikhongchori Chattra League, Taslim Ishbal, attacked Abul Bashar Noyon, the Naikhongchori, Bandarban representative of the Dailies
Amardesh and Karnafuli. The Chattra League members also ransacked Noyon’s
office located at ‘Media Palace’ adjacent to the Union Parishad, where Noyon
was working when the attack took place. The attack was related to the publication of a certain news item on May 1, 2010. It has been revealed that Ranjan Doimari, Chairman of the National Democratic
Taking forceful possession of property belonging to religious Minorities
A Bench of the High Court Division of the Supreme Court of Bangladesh has
directed that the members of indigenous minorities be rehabilitated on their own
land at Mothbariya, Pirojpur – the land from where they had been forcefully
displaced . The Bench, constituting of Justices A H M Shamsuddin Chowdhury
and Md. Delwar Hossain gave this direction on May 6, 2010.18 On April 19,
2010, Shongkor Mitro at a press conference at the Dhaka Reporters Unity, alleged on behalf of the indigenous minorities, that they were fed up of the harassment and torture of the General Secretary of the Amragachiya Union Awami League Mujibur Rahman Sayed and his henchmen Amir Hossain Manik, Hasan Hossain and Topa, Hares and Tajul. These men were not allowing the minorities to stay on their own land. Shongkor Mitro stated that Sayed and his associates had taken control of 500 bighas of their land and subsequently ousted them from it
From March 1 to April 10, 2010, cases were filed against over 200 leaders and
activists of various groups at the Dhaka Courts under the Anti-Terrorism Act
2009. The police were the Petitioners in these cases. The accused in these cases
are members of anti-Government political organisations. Allegations have been
raised against the police that they are taking the accused into remand and torturing
them in the name of interrogation. The only accusations against the arrested
persons are that they were either distributing leaflets or had met with an objective
9. Violation of Human Rights
Human Rights legislation commonly contains several rights. One of those rights is security rights (6). Security rights are those that protect people against crimes such as murder, massacre, torture and rape. According to the Universal Declaration of Human Rights, fundamental human rights are violate[5]d when some certain circumstances arise like, life, liberty or security of person is threatened (7). Or cruel, inhuman or degrading punishment is used on a person such as, torture or execution (8).
Article 31 of the Constitution of the People’s Republic of Bangladesh states that, 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.
Article 32 of the Constitution of the People’s Republic of Bangladesh provides that, no person shall be deprived of life or personal liberty save in accordance with law.
Article 35 (4) of the Constitution of our country says that, no person accused of any offence shall be compelled to be a witness against himself.
Article 35 (5) says, no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
It is clear that our Constitution provides our lives with proper protection. In the above mentioned articles we see that, in no way no one should be beaten or punished or tortured till death. But from our previous scenarios we see that, Police or RAB tortured accused persons in their custody till death, which was clearly a violation of human rights and our Constitution. It is widely known that in “Remand”, Police torture accused persons so extremely that sometimes Police endanger their lives. But article 35 (5) of our constitution strictly prohibited this practice.
10. The Asian Human Rights Commission
The Asian Human Rights Commission congratulates the Parliament of Bangladesh for placing the bill in its agenda as this bill has created the possibility of making torture a crime in the country punishable as a serious offence. It will also make custodial deaths punishable with life imprisonment.
The Asian Human Rights Commission worked in close collaboration with the Private Member in the drafting of this law. This draft has incorporated the most developed conceptions of law on this matter and deals with some of the more difficult problems of investigations and prosecutions on torture in the Bangladesh context.
The global community is deeply committed to the promotion of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and for the elimination of torture globally. The experiences of many countries that have already had similar laws for a long period now are valuable examples for Bangladesh. The successful adoption of this law in the country will enhance the respect for the rule of law and protect the rights of the people, particularly relating to fair trial.
The Bangladesh Awami League ratified the CAT on 5th October 1998. One of the requirements of the CAT is that the ratifying state must enact an enabling law to make torture declared as a serious crime recognized in the country. This has not been done so far and this requirement will be fulfilled if the proposed bill, now placed before parliament, is enacted as soon as possible.
In the past there had been various objections to treating torture and custodial deaths as serious crimes in Bangladesh. Some have argued that Bangladesh being a third world country requires the use of third degree methods for the
control of crime and for dealing with serious political opponents to ruling regimes. However, the adoption of such narrow views will only denigrate Bangladesh before the eyes of its own people as well as the international community.
The development of democracy and rule of law requires that the primitive methods of dealing with criminal investigations should be displaced. Experience has clearly demonstrated that allowing the use of torture leads to the abuse of the powers. The police and military often use these powers for unjust enrichment by way of bribery and corruption and also to suppress freedom of expression and association.
The development of a proper criminal investigation system depends on the possibility of proper inquiries being conducted into crimes without brutal methods such as torture and cruel and inhuman treatment.
The presentation of this bill before parliament should provide an opportunity for an enlightened discussion on all matters relating to justice in Bangladesh. We hope that all persons of good will and all civil society leaders will take an active part in the promotion of this proposed bill so that both the public and the civil service will be able to appreciate the benefits of this law.
The Asian Human Rights Commission urges all law makers of Bangladesh to take an active part in the passing of this law as soon as possible, thus providing the people of the country the benefit of a law that they are very much entitled to.
11. Our Government Have To Do
Custodial death is never expected in any enlightened society. To stop this unlawful activity some steps can be taken. These are as follows:
1. The government should implement current laws regarding custodial death. There should be laws regarding custodial death. The only thing that needs to do is the government should apply those laws.
2. Sometimes the existing laws might not be sufficient to stop custodial death. In that case the Government of country should formulate new rule and regulation to stop this unauthorized action.
3. The police are the people who are engaged in protecting the law of any country. So if they violate the rule, then the general people might be encouraged to breach rules. For that reason the government should be very strict in giving punishment to the convicted police who will be responsible for the custodial death of criminals.
4. A proper amount of medical facilities should be provided in jails with the intention that in case of crisis, proper and well-timed medical help could be provided to the persons in the jail.
1. The police can be trained to use new scientific and parallel and psychological prejudiced technique instead of using torture.
12. Conclusion:
Everyone wants a crime free world to live in. There might have some people who will try to violate the law and engage in crime. For the sake of the peace of the society those people obviously need to be punished by the proper authority. But at the same time it has to be noticed that the human right should not be violated. In our country Police or RAB violated human rights from time to time. Though Human Rights Organizations raised their voice in most cases, they failed because of the reluctant behavior of our Government. Law and order must be maintained but that should not be at the cost of the rule of law and human rights. In the wake of deaths in custody and by crossfire a bench of High Court Division on June 1, 2010 had warned the govt. about these extra-legal deaths. But no improvement seems to have taken place so far. No criminal should die in the custody of the people who are liable to protect the law. If the criminals die in the police custody then there will be a hap hazard situation in the society. Then people might take the law in their own hands. So everyone should be respectful to the law and to the human rights. To make a better world for the next generation, any kind of violation of law should be prohibited and stopping the custodial death is a small part of that step.
Bibliography
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To see 5. Staff correspondent, Rajshahi, “Torture marks found on victim’s body”, The Daily Star 21 May. 20076. Human Rights legislation commonly contains seven rights. These are (a) security rights (b) liberty rights (c) political rights (d) due process rights (e) equality rights (f) welfare rights (g) group rights. Security right is relevant to our discussion.7. Article 3 of UDHR (Universal Declaration of Human Rights)8 Articles 5 of UDHR(Universal Declaration of Human Rights )