Human rights too cheap in Bangladesh

08 March 2006

The constitution of Bangladesh guarantees almost all the civil and political rights mentioned in the Universal Declaration of Human Rights, backed up by an enforcement mechanism. But the reality is that the people of Bangladesh are frequently suffering violation of their human rights, very often perpetrated by the state itself as well as by non-state entities. Here we would like to identify three major infringements of human rights and appeal to the UN Commission on Human Rights to encourage the government of Bangladesh to end the culture of impunity.

1. Extra-judicial killing

In June 2004, the special force called Rapid Action Battalion (RAB) was brought to the field by the Armed Police Battalions (Amendment) Act, 2003. Under this law the RAB was entrusted with intelligence tasks related to crime and investigation of any matter on the direction of the Government. According to the Government, the special force was introduced to improve the law

There was no suggestion that members of the RAB would be immune from prosecution

and order situation in Bangladesh and to create a crime-free society. There was no suggestion that members of the RAB would be immune from prosecution or granted powers to act outside the rule of law, which in Bangladesh stipulates that every person suspected of crime must be arrested, charged and prosecuted in a court of law with the right of defence by a lawyer.

Despite this ostensibly conventional legal framework in Bangladesh, the special force commonly known as the RAB from the very beginning of its operation has been engaged in extra-judicial killings which are typically excused as death in crossfire. A common pattern has emerged in the explanations given for these

the story ends with the death of the criminal in crossfire

killings: on the basis of confidential information they (RAB) go and arrest the criminal who, under interrogation, discloses the location of an arms cache; en route to seize the arms, the RAB comes under fire from associates of the criminal; in the ensuing attempt to flee from RAB custody, the accused receives a bullet injury and the story ends with the death of the criminal in crossfire.

Ordinary people have lost faith in these explanations and instead point to extra-judicial killing by the RAB. Such is the reputation of the special force that families of the victims fear to file the case and no investigations take place. On 1st January 2006 The Daily Star (published in Bangladesh) reported that, in 2005, 306 people had been killed in crossfire.

The RAB has it origins in Operation Clean Heart, another special force which for a few months in 2003 engaged in extra-judicial killing, typically described as heart attack. Under pressure from civil society, human rights organizations and the international community, the Bangladesh government closed down the operation but only after awarding its members indemnity from prosecution.

2. Terrorism and Islamist extremism

Throughout the year 2005 the people of Bangladesh witnessed terrifying bombings by Islamist militants which claimed the lives of 62 people including judges and lawyers. The rise of Islamic militancy was announced by the simultaneous serial bomb blasts on 17th August, 2005 in almost all the court premises across the

The rise of Islamic militancy was announced by simultaneous serial bomb blasts

country. Since then continuous threats have been issued against officials engaged in the judicial service. Islamist militants have also threatened to blow up administrative offices, press clubs, educational institutions and NGOs. In this situation everyone lives in a climate of fear.

Initially the government denied the existence of any militancy. Although this stage of denial has now passed, the government's role in tackling the problem has been questioned as it turns a deaf ear to the allegations against Jamaat-e-Islami, the Islamic fundamentalist party which is a member of the current four-party coalition government. Instead, the member of the government making these allegations has been expelled and many people have become doubtful about the sincerity of the government in dealing with terrorism.

Consequently there are doubts over how effective the mechanism of the proposed anti-terrorism Act will be. And there are equal concerns that its powers may be abused to gain political attention, suppress the opposition and harass the common people. Provisions for accelerated trial and the death penalty will also attract the attention of the global human rights activists.

3. Freedom of Expression

Bangladesh is one of the most dangerous places in the world for journalists and citizens are accordingly denied the benefits of freedom of expression. The country has seen many killings of journalists and continuous intimidation. Sometimes the threats have

The country has seen many killings of journalists

political origin; very often violence is targeted at journalists who are engaged on human rights issues; and journalists also have become target of the recent Islamist uprising. JMB (Jamaetul Mujahedin Bangladesh) continues to threaten to blow up the Press club and kill journalists.

Through 2005, two journalists were killed, 142 injured, 11 arrested, four kidnapped and 53 assaulted in more than 500 incidents across the country. Besides, 249 journalists were threatened with death and cases filed against 130 others, according to human rights bodies.

In this climate of impunity that prevails in Bangladesh, our concern is to urge the UN Commission on Human Rights and the Government of Bangladesh to rigorously enforce the instruments of national and international law and in particular:

Ensure the prosecution of those officials engaged in extra-judicial killing
Provide redress and compensation to the families of the victims of such killings (whether by law enforcing agencies or by militants)
Follow the constitution of Bangladesh and the international obligations to protect the human rights of its citizens.
Establish independent inquiries into all the bombings with the results made public and placed before a court of law
Comply with the requirements of UN human rights bodies for the provision of authentic information
Ratify the statute of the International Criminal Court
Make standing invitations to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on freedom of religion or belief.
Establish an independent human rights institution

Sayeed Ahmad is Editor of the One World Bangladesh Guide and is a human rights lawyer in practice at the District and Sessions Judge Court in Dhaka and with a leading human rights organization - Ain o Salish Kendra (ASK).

Links:

Review of 2005 from The Daily Star