Negotiable Instrument Solution In Bangladesh

Extra Judicial Killings diminishing public faith on judicial system of Bangladesh

Now a day’s extra judicial killings news is very common in Bangladesh. This extra judicial killings issue diminish public faith on judicial system of Bangladesh. Now people of Bangladeshis thinking that law enforcement agencies can do anything without justice. Although, Killings by law enforcement agencies are common in Bangladesh. In 1972, the paramilitary group Jatiya Rakkhi Bahini came into force and had become infamous for its extrajudicial executions until it was absorbed into the army in 1975. [* web hr solidarity]  Now, since the formation of the elite Rapid Action Battalion (RAB) in March 2004, such killings are again on the rise and are being categorised under a new vocabulary of crossfire, extrajudicial killings, encounters, etc.

Extra judicial 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.

Bangladesh is instigating to extra judicial killings. Bangladesh is constitutionally committed to protecting and promoting human rights. Not only that, Bangladesh has signed many international treaties to protect the human rights. In spite of it is violating continuously. Even the Prime Minister, Foreign Minister, Home Minister and State Minister for Home are instigating to the extra judicial killings. On the other hand, in the investigation conducted by the Ministry of Home Affairs, such evidence has been found, which supports the allegations of extra-judicial killings against the RAB. Present grand alliance government led by Hasina had pledged in its electoral manifesto that once in power extrajudicial killing will be brought to an end. But it has not been stopped. Rather it is being continued in different names like gun-fight, encounter, crossfire etc. According to the human rights organisations reports on extra judicial killings, 396 people have been killed in 2005, 355 people have been killed in 2005, 184 people have been killed in 2007, 149 people have been killed in 2008, 229 people have been killed in 2009, 133 people have been killed in 2010 and at least 15 people have been killed in this year in extra judicially by the law enforcers. Though, according to a secret source, over 8,000 people have been killed only by RAB in extra judicially in the name of so-called crossfire, encounter, and gunfight and by secret murders.

In Bangladesh, the law says minimum force should be applied to arrests and every person has the right to seek a trial. In the cases of crossfire, and encounters, these legal provisions 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 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.” 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 deprivation, the drafters of the constitution made this specific provision of protection even though these rights were already covered by Article 31. [*web parliament]

What is implicit 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 vindication of their right or grievance. Even a fugitive is entitled to a legal defence when the death penalty is involved. [*web parliament]

A law providing for the deprivation of life or personal liberty must be objectively reasonable, and the court will inquire whether for an ordinary prudent person such a law is reasonable, having regard to the compelling, and not merely legitimate, governmental interest. It must be shown that the security of the state or of society necessitates the deprivation of one’s life and personal liberty. When the recent incidents of crossfire are studied, a common pattern that can be found is that victims were arrested and killed in what is termed as crossfire, an encounter or a shootout during crackdowns on illegal firearms or the arrest of criminals in deserted places, mostly in the early hours. Still, according to the police regulations of Bengal (PRB), firearms should not be used other than in emergencies. The uses of firearms are applicable in three situations: for self-protection and possessing of property, for foiling an illegal gathering and, in some cases, for making an arrest. The PRB mandates a full executive probe regarding any use of firearms. Investigators are required to send the report to the government and submit a copy to the police’s top leadership.[* web achieve ]

Like many of extra judicial killing false story I read one encounter false story in face book,   Thirty year old Hafizur Rahman Wasim, the son of late Shamsuddin, lived in Mir Hazaribagh, Pargandaria, Dhaka. He was born into a relatively wealthy family, but after passing his B.Com. exam, Wasim left to work in Saudi Arabia. On his return to Bangladesh after five years in 2001. he invested his savings in a lock manufacturing factory on his own land at Gendaria. As additional business he supplied electricity to his neighbours from his generator. He was also active in local welfare efforts. The poor in the area viewed him as one who stood up for their rights and contributed to the welfare of others. There were no allegations against him in the locality or at the police station, nor were there any cases against him. Yet, the police took him away from his factory on the night of 11 October, 2004, and shot him three hours later. The police report described his death as of “a criminal killed in crossfire”.

Extra judicial killing already damaged public faith about judicial system of Bangladesh. When law enforcement agencies do extrajudicial killing, people know that victim family will not get justice.  So for the regain of public confidence in judicial system of Bangladesh extra judicial killing have to stop.

Bibliography:

  1. Wikipedia
  2. Google
  3. http://www.parliament.gov.bd/Constitution_English/index.htm visited on 20th February , 2011.
  4. http://www.archive.org/stream/policeregulation04bengiala/policeregulation04bengiala_djvu.txt visited on 20th February, 2011.
  5. http://www.hrsolidarity.net/index.php , visited on 20th February 2011.
  6. http://www.facebook.com/topic.php?uid=208386031689&topic=17101

Visited on 13 February 2011

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