Inexistent Rule of Law in Bangladesh Vol
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article 2 special report special report article of the International Convenant on Civil and Political Rights Vol. 13, No. 2 & 3 June - September 2014 ISSN 1811 7023 Inexistent Rule of Law in Bangladesh Rule of Law Inexistent Vol. 13, No. 2 & 3 June - September 2014 - September 2 & 3 June 13, No. Vol. special report Inexistent Rule of Law in Bangladesh Who’s reading article 2 “In an age when the major media barely touch the surface of major social issues, article 2 provides in-depth analysis of human rights violations and people’s struggles around Asia. For me, article 2 is an essential part of keeping abreast of major developing movements.” George Katsiaficas, author of Asia’s Unknown Uprising * * * “...that is quite a report, very interesting especially section on the stories of the victims and injured. Again, great work, it was a big undertaking and glad you managed to compile this valuable report (Focus on Southeast Asia - Suppression of emerging protests in Cambodia, March 2014)” Naly Pilorge, director, Cambodian League for the Promotion and Defense of Human Rights (LICADHO) * * * “We have received 1 (one) exemplars Article 2 of the International Covenant on Civil and Political Rights (Vol. 12, No. 4-Vol. 13, No. 1. We are really grateful for receiving the article. It would become useful collection for our library” Dr. Paripurna, S.H., M. Hum., LL.M., dean of the faculty of law, Universitas Gadjah Mada, Indonesia Contents SPECIAL REPORT: INEXISTENT RULE OF LAW IN BANGLADESH Introduction: The Rule of Law does not exist in Bangladesh 3 Editorial board, article 2 Rule of Law in Bangladesh: Normative standards and reality’s mirror 9 Md. Ashrafuzzaman, Programme Coordinator, Asian Legal Resource Centre, Hong Kong Vested Interest: The ‘Human Rights’ practices of political parties 27 Saira Rahman Khan, teaches Law at a private university in Bangladesh Constitutional disaster & ‘legal’ impunity: Constitutional amendments in perspective 45 Maimul Ahsan Khan CASE STUDIES Wild West in the East: Four stories of State persecution 68 Forty seven cases of unresolved killing, torture and disappearance in five years 74 INTERVIEWS: ‘The rulers do not believe in human dignity’ Nurul Kabir, editor, New Age, Bangladesh 127 ‘Weak electoral process perpetuates conflict’ Professor Anu Muhammad, Department of Economics, Jahangirnagar University, Dhaka 134 ‘The government survives as hostages in the hands of law enforcement agencies’ Saiful Huq, social activist 146 ‘The criminal justice system is useless’ Shahed Kayes, human rights defender 154 ‘Independence of the judiciary was never ensured’ Mr. Nur Khan, human rights defender 164 article 2 June - September 2014 Vol.13, No. 2 & 3 1 ‘Disappearance becomes a means to settle political differences’ Professor Akmal Hussain, Department of International Relations, University of Dhaka 168 ‘On torture… no comment’ Professor Shahiduzzaman, Department of International Relations, University of Dhaka 172 APPENDIX: Parallel Event at the UN HRC on the Rule of Law in Bangladesh Asian Legal Resource Centre 175 2 article 2 June - September 2014 Vol.13, No. 2 & 3 Introduction: The Rule of Law does not exist in Bangladesh Editorial Board, article 2 his Special Report, “Inexistent Rule of Law in Bangladesh” (article 2, vol. 13, no. 2, June 2014) is a publication by t the Asian Legal Resource Centre (ALRC) on criminal justice institutions in Bangladesh. Bangladesh has a history in terms of struggles for justice, the rule of law, and democracy. People’s aspirations have, however, been deceived by ruling elites since Bangladesh’s inception. People demand change. Parties replace each other in office. But, the condition of the rule of law worsens by the day. There is no correlation between political pledges and practice. A party, which has taken power by making the public pledge of ending extrajudicial executions and bringing perpetrators to book, is not only endorsing extrajudicial executions today, but also multiplying such crimes. The spate of enforced disappearances has put the entire nation in panic mode. Men in civilian clothes, claiming to be state agents, abduct citizens in broad daylight, from their homes or in public. Abductees disappear. Later, some of the bodies are found floating in rivers and canals. Ten years ago, one political group created the Rapid Action Battalion (RAB). Officially, the RAB was termed an ‘elite force’. Since its inception, this paramilitary force has been dominated by the armed forces, though it comprises of members of the military, the border guards, and the police. The government has claimed that this paramilitary force possesses the skill and efficiency in controlling crimes in the country. In fact, the RAB has been found skilled only in murdering the citizens in the pretext of ‘crossfire’, ‘gun-battle’, ‘exchange of fire’, and like terms that have been added to public vocabulary in Bangladesh. Impunity has been granted to RAB murderers. Gallantry awards are given to perpetrators in routine. This has contributed to changing the behavioural pattern of all law-enforcement agencies in Bangladesh. The police have wasted little time in trying to supersede the murderous performance of the RAB. Now, available statistics often show the police extrajudicially executing more citizens than the RAB. article 2 June - September 2014 Vol.13, No. 2 & 3 3 In Bangladesh political polarization is maximum. Since independence, ruling parties have deliberately and consistently used law-enforcement agencies against political opposition. Arbitrary arrest and detention, followed by custodial torture, is the preferred practiced was for the powerful to attack rivals. Basic institutions, such as the complaint mechanism, criminal investigating mechanism, prosecutors and state attorneys, and the judiciary have been systematically used and abused to protect the interests of political elites in power. As a result, the protection from torture, the right to life, freedom of expression, and peaceful association are guarantees unrealized in Bangladesh. Victims of rapacious state machinery only increase. Torture and extrajudicial methods to deprive of life and liberty continue relentlessly, amidst transfers of political power. This has made political elites more arrogant and careless about the plight of the people. People’s frustration, and traumatized survival lacking dignity and freedom, has increased. Every institution is politically polarized to deny space and freedom to the people. There is no room for redress in Bangladesh today. Importance of this Report People’s rights cannot be conceived without the existence of the rule of law, in any given territory. This special report contains analytical writings that examine the existence of the rule of law in Bangladesh. It should inspire the audience to consider the basic institutions every society needs. The Bangladeshi people should use it as an unflinching reflecting on their reality. The people should check to see how their policing system functions? Does the police maintain professionalism in their daily operations? Are they recruited, promoted, assigned, and rewarded on merit, efficiency, honesty, and transparency? Do the people trust their police to seek help when in danger? Or, are the people afraid of the police due to the chance of torture, fabrication of charges, extortion, and other forms of harassment? The people should examine the complaint mechanisms. How much access do people have to such mechanisms? Do the complainants have to pay bribes to the police or bench officers in courts to file complaints? Do victims of ordinary crimes, or human rights abuse, get unhindered access to the complaint mechanism? Or, do the victims have approach powerful political or financial elites in their jurisdictions to intervene on their behalf just to register complaints? Are complaints recorded according to actual stories of the complainants? Or, do the police distort or force the complainants to alter their complaints? How do the people, including complainants and witnesses, perceive the criminal investigation system of Bangladesh? Is the system credible? Do investigators extort bribes from parties while investigating cases? Do investigators use torture to extract confessions from crime suspects? Do investigators add or remove 4 article 2 June - September 2014 Vol.13, No. 2 & 3 the names of defendants or witnesses, arbitrarily, to weaken cases or gain undue benefit? Do investigators destroy material evidence and intervene in the process of forensic examination – the primitive one that Bangladesh maintains – to determine the fate of the case? Does the investigation process accommodate intervention of political and financial elites? These, and others relevant questions need to be asked so the people may assess how credible is their criminal investigation system. How reliable and professional is the prosecutorial system and the state attorney services? Are the prosecutors and state attorneys qualified, and efficient enough, to assist the courts in upholding the rule of law? Are prosecutors and attorneys recruited on merit and professional integrity? Or, are they recruited due to political allegiance? Do prosecutors and state attorneys maintain professional independence when dealing with cases? Or, are they complicit to the process of prescribed prosecutorial actions to benefit powerful elites? Do prosecutors and attorneys become part of nepotism and corruption when dealing with cases in courts? Do litigants trust the prosecutors to uphold justice through the judicial