Extrajudicial killings go on unabated - New Age
Shahiduzzaman
 |
Ninety-seven people have so far been killed in 'crossfire' or 'encounter' by law enforcers since January 6, when the Awami League-led government assumed office, as such extrajudicial killing goes unabated with the government's deviation from its pledges to stop such practice.
One thousand, one hundred and forty-two people have so far been killed in extrajudicial incidents since June 24, 2004, when the Rapid Action Battalion began its journey with killing people in the name of 'crossfire.'
The police and other forces followed suit in extrajudicial killing after the Rapid Action Battalion.
Of the 1,142 victims of extrajudicial killing, 149 were killed in 2004, 340 in 2005, 290 in 2006, 130 in 2007, 136 in 2008 and 97 in 2009. During immediate-past emergency regime which continued for about two years, 322 people were killed in such incidents.
All the successive governments have argued such extrajudicial killing is inevitable to improve law and order.
With such arguments put forth by successive governments, law enforcers have continued feeding into the media the similar story saying when the lawmen raid a place to arrest 'terrorists' or go to recover illegal arms along with the 'terrorist' detained, the terrorists' associates attack them, leading to an encounter after which the lawmen find the 'terrorist' dead.
Different national and international quarters, including rights groups, have from the time when extrajudicial killing started taking place continued criticising such killing and demanding an end to such practice.
Against such backdrop, the Awami League-led government assumed office on January 6 after a landslide victory in the December 2008 general elections on the wings of a number of pre-election pledges, which include an end to extrajudicial killing.
The extrajudicial killing, however, still goes unabated with the government's gradual shift in position — from condemnation to justification — with regard to such killing.
Inside a month of the assumption of office by the government, the foreign minister, Dipu Moni, told a review meeting of the Human Rights Council in Geneva on February 4 the AL-led administration would pursue a 'zero tolerance' policy in respect of extrajudicial killing.
The LGRD and cooperatives minister, Syed Ashraful Islam, also the Awami League's general secretary, on May 6 affirmed that 'extrajudicial killing will no longer be allowed as a tool of the law enforcement agencies.'
At around the same time, the then state minister for home affairs, Tanjim Ahmed Sohel Taj, however, first came up in defence of the law enforcers, saying they 'have the right to self-defence as per the constitution.'
The home minister, Sahara Khatun, on May 16, endorsed her deputy's take on extrajudicial killing.
The law minister, Shafique Ahmed, who earlier appeared to be against such killing, joined the group of apologists soon. On September 6, he said he 'was not witness to any such incidents [killing in crossfire]' nor was he 'aware of such [extrajudicial] killing'.
The government's shift from condemnation to justification of extrajudicial killing marked a full circle when the prime minister, Sheikh Hasina, told a news conference in New York on September 27 that she was not for extrajudicial killing, but if a criminal would open fire, law enforcers could not sit idle.
Her comments came at a time when the number of extrajudicial killing by law enforcers topped 30 in September alone.
Exposing the government's unwillingness to end extrajudicial killing, the shipping minister, Shahjahan Khan, on Saturday said the government would need to continue with extrajudicial killing until terrorist activities and extortion was uprooted.
'We need to understand the reality… There are incidents trial of which is not possible under laws of the land,' he said at the BBC's Bangladesh Sanglap at the Bangabandhu International Conference Centre, adding the government has no other option.
Such arguments, put forward by all the successive governments in justifying extrajudicial killing, have always been criticised by different national and international quarters, including rights groups.
According to them, it is the duty of the government and the law enforcers to protect the life of the citizens and to ensure their access to justice.
If law and order deteriorates and the judicial system cannot ensure justice, it is a complete failure of the government in ensuring the establishment of the rule of law, they have argued.
The government is trying to justify extrajudicial killing while it has not so far taken any initiative for the hearing and disposal of three rules issued by the High Court — two in 2006 and another in June — asking for the constitutionality of such killing.
The government is yet to reply to a High Court ruling, issued on June 29 which asked it to explain why extrajudicial killing by law enforcers in the name of 'crossfire' or 'encounter' would not be declared illegal.
The court issued the rule after hearing a public interest litigation writ petition filed by three rights organisations — Ain o Salish Kendra, Bangladesh Legal Aid and Services Trust and Karmajibi Nari — challenging the legality of the extrajudicial killing.
The High Court first came up with a ruling on extrajudicial killing on May 25, 2006.
In the ruling, the High Court bench of Justice M Awlad Ali and Justice Zinat Ara asked the government to explain why the reported killing of Tunda Ismail, who was in fetters in police custody, should not be properly investigated and why the perpetrators should not be brought to justice.
Tunda Ismail, shown arrested in an arms case and remanded in police custody for interrogation, was killed in 'crossfire,' as claimed by the police, at Lalbagh on May 22, 2006.
The High Court bench of Justice Syed Muhammad Dastagir Husain and Justice Mamnoon Rahman on August 6, 2006 issued a rule asking the government and the Rapid Action Battalion to explain why they should not be directed to ensure the security of the people detained in their custody.
The court issued the order after hearing a public interest litigation writ petition filed by rights organisation Human Rights and Peace for Bangladesh, which sought the court's directive on the government and the battalion to save anyone detained from being killed in 'crossfire' or 'encounter.'
Although the government had already replied to the August 6, 2006 rule, the case is yet to be disposed of, said the rights group's counsel Manzill Murshid.
One thousand, one hundred and forty-two people have so far been killed in extrajudicial incidents since June 24, 2004, when the Rapid Action Battalion began its journey with killing people in the name of 'crossfire.'
The police and other forces followed suit in extrajudicial killing after the Rapid Action Battalion.
Of the 1,142 victims of extrajudicial killing, 149 were killed in 2004, 340 in 2005, 290 in 2006, 130 in 2007, 136 in 2008 and 97 in 2009. During immediate-past emergency regime which continued for about two years, 322 people were killed in such incidents.
All the successive governments have argued such extrajudicial killing is inevitable to improve law and order.
With such arguments put forth by successive governments, law enforcers have continued feeding into the media the similar story saying when the lawmen raid a place to arrest 'terrorists' or go to recover illegal arms along with the 'terrorist' detained, the terrorists' associates attack them, leading to an encounter after which the lawmen find the 'terrorist' dead.
Different national and international quarters, including rights groups, have from the time when extrajudicial killing started taking place continued criticising such killing and demanding an end to such practice.
Against such backdrop, the Awami League-led government assumed office on January 6 after a landslide victory in the December 2008 general elections on the wings of a number of pre-election pledges, which include an end to extrajudicial killing.
The extrajudicial killing, however, still goes unabated with the government's gradual shift in position — from condemnation to justification — with regard to such killing.
Inside a month of the assumption of office by the government, the foreign minister, Dipu Moni, told a review meeting of the Human Rights Council in Geneva on February 4 the AL-led administration would pursue a 'zero tolerance' policy in respect of extrajudicial killing.
The LGRD and cooperatives minister, Syed Ashraful Islam, also the Awami League's general secretary, on May 6 affirmed that 'extrajudicial killing will no longer be allowed as a tool of the law enforcement agencies.'
At around the same time, the then state minister for home affairs, Tanjim Ahmed Sohel Taj, however, first came up in defence of the law enforcers, saying they 'have the right to self-defence as per the constitution.'
The home minister, Sahara Khatun, on May 16, endorsed her deputy's take on extrajudicial killing.
The law minister, Shafique Ahmed, who earlier appeared to be against such killing, joined the group of apologists soon. On September 6, he said he 'was not witness to any such incidents [killing in crossfire]' nor was he 'aware of such [extrajudicial] killing'.
The government's shift from condemnation to justification of extrajudicial killing marked a full circle when the prime minister, Sheikh Hasina, told a news conference in New York on September 27 that she was not for extrajudicial killing, but if a criminal would open fire, law enforcers could not sit idle.
Her comments came at a time when the number of extrajudicial killing by law enforcers topped 30 in September alone.
Exposing the government's unwillingness to end extrajudicial killing, the shipping minister, Shahjahan Khan, on Saturday said the government would need to continue with extrajudicial killing until terrorist activities and extortion was uprooted.
'We need to understand the reality… There are incidents trial of which is not possible under laws of the land,' he said at the BBC's Bangladesh Sanglap at the Bangabandhu International Conference Centre, adding the government has no other option.
Such arguments, put forward by all the successive governments in justifying extrajudicial killing, have always been criticised by different national and international quarters, including rights groups.
According to them, it is the duty of the government and the law enforcers to protect the life of the citizens and to ensure their access to justice.
If law and order deteriorates and the judicial system cannot ensure justice, it is a complete failure of the government in ensuring the establishment of the rule of law, they have argued.
The government is trying to justify extrajudicial killing while it has not so far taken any initiative for the hearing and disposal of three rules issued by the High Court — two in 2006 and another in June — asking for the constitutionality of such killing.
The government is yet to reply to a High Court ruling, issued on June 29 which asked it to explain why extrajudicial killing by law enforcers in the name of 'crossfire' or 'encounter' would not be declared illegal.
The court issued the rule after hearing a public interest litigation writ petition filed by three rights organisations — Ain o Salish Kendra, Bangladesh Legal Aid and Services Trust and Karmajibi Nari — challenging the legality of the extrajudicial killing.
The High Court first came up with a ruling on extrajudicial killing on May 25, 2006.
In the ruling, the High Court bench of Justice M Awlad Ali and Justice Zinat Ara asked the government to explain why the reported killing of Tunda Ismail, who was in fetters in police custody, should not be properly investigated and why the perpetrators should not be brought to justice.
Tunda Ismail, shown arrested in an arms case and remanded in police custody for interrogation, was killed in 'crossfire,' as claimed by the police, at Lalbagh on May 22, 2006.
The High Court bench of Justice Syed Muhammad Dastagir Husain and Justice Mamnoon Rahman on August 6, 2006 issued a rule asking the government and the Rapid Action Battalion to explain why they should not be directed to ensure the security of the people detained in their custody.
The court issued the order after hearing a public interest litigation writ petition filed by rights organisation Human Rights and Peace for Bangladesh, which sought the court's directive on the government and the battalion to save anyone detained from being killed in 'crossfire' or 'encounter.'
Although the government had already replied to the August 6, 2006 rule, the case is yet to be disposed of, said the rights group's counsel Manzill Murshid.
__._,_.___
