article

of the International Convenant on Civil and Political Rights

Vol. 13, No. 2 & 3 June - September 2014 ISSN 1811 7023

special report
Inexistent Rule of Law in Bangladesh
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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

t his Special Report, “Inexistent Rule of Law in Bangladesh”

(article 2, vol. 13, no. 2, June 2014) is a publication by
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 process?

The role of the lawyers is critical in any criminal justice

mechanism. It is important that the people take a step back
to check whether lawyers maintain integrity when discharging
legal support to their clients? Do lawyers facilitate corruption
in defending cases? Do lawyers distort and hide actual evidence
in courts? Do lawyers deliberately and habitually facilitate the
process of delaying trials?

The role of the judges is undeniably vital when it comes to

upholding the rule of law. How credible and transparent is the
recruitment process of judges in all branches of the judiciary? Are
judges recruited on the basis of merit, honesty, and commitment
to judicial norms? Or, are the judges, of any branch, recruited
for their political allegiance, loyalty, and relationship with those
with high profile portfolios? Do judges maintain ethical norms
when entertaining cases? Or, do the judges entertain cases on
the basis of the identities of the litigants, or their lawyers? Do the
judges adjudicate all cases with professional independence and
judicial mindset? Or, do the judges adjudicate select cases in a
selective pattern, compromising juridical norms and fundamental
principles of fair trial? And, do judges uphold the universal human
rights of the litigants when passing orders in courts?

As per universal human rights instruments, the Executive and

the Legislature have an obligation when it comes to upholding the
rule of law. In the Bangladesh context, it is important to consider
the role of these two pillars of the state. Does the Executive branch
maintain a culture of impunity? If so, then, it is a given: the rule
of law will not exist in that jurisdiction. Impunity is incompatible
with the rule of law; they cannot coexist. If the Legislature fails
to act as a check on the Executive and passes laws that violate

article 2  June - September 2014 Vol.13, No. 2 & 3 5

 the norms of human rights and justice, it contributes to the
disappearance of the rule of law. The role of the Executive and the
Legislature, in developing the infrastructure of criminal justice
institutions, providing logistics and resources, and intervening in
their functions, indicate the presence or absence of the rule of law.

Bangladeshis may want to find answers and explore the true

state of the rule of law in their country. Human beings have to
survive in sub-human conditions in absence of the rule of law.
A functional rule of law system does not drop from the sky but
from collective efforts of the people and their engagement in public
debate and action. If citizens cry when sitting in holy places and
curse successive rulers, bureaucrats, and professionals manning
criminal justice institutions, such acts make no difference in
bringing change to their lives. Bangladeshi sympathisers in the
international community cannot do anything to assist common
Bangladeshis in establishing a rule of law state if citizens do not
act. It is the people of Bangladesh who will determine the fate of
the rule of law in Bangladesh in the immediate and distant future.

Contents of this Report

This report contains 47 cases of torture, extrajudicial execution,

enforced disappearance, arbitrary detention, fabrication of
criminal charge, acid attack, sexual violence, non-investigation
and refusal of justice from all parts of Bangladesh. These cases
have been documented since 2009, when Bangladesh reportedly
began its journey from a military-controlled emergency rule to an
elected democracy. The cases substantiate the patterns of violation
of people’s rights and the inability of criminal justice institutions
to provide remedies to victims. They establish the real state of
Bangladesh, a country unable to uphold the rule of law.

The remaining sections of the report complement the cases,

and include two articles by academic scholars Mr. Maimul Ahsan
Khan and Ms. Saira Rahman Khan, and a discussion with Md.
Ashrafuzzaman on the realities of Bangladesh in light of the
normative standards of the rule of law. The articles discuss the
constitutional stature and legal stand of Bangladesh following the
Fifteenth Amendment of the Constitution. They examine how the
state apparatus behaves with citizens when undermining the rule
of law and protecting vested interests at the cost of fundamental
rights.

This special report is enriched by the invaluable opinions of

a number of reputed professionals of Bangladesh. The ALRC
has interviewed: Mr. Nurul Kabir, editor of New Age; Mr. Anu
Muhammad, Professor of Economics, Jahangirnagar University;
Mr. Akmal Hossain, Professor of International Relations, University
of Dhaka; Mr. Shahiduzzaman, Professor of International
Relations, University of Dhaka; Mr. Nur Khan and Mr. Shahed
Kayes, human rights defenders; and Mr. Saiful Haque, General
Secretary, Revolutionary Workers’ Party of Bangladesh.

6 article 2  June - September 2014 Vol.13, No. 2 & 3

Past documentation

Since 2002, the ALRC has observed the alarming deterioration

in human rights conditions in Bangladesh. These observations
have been reflected in its publications. In recent years, the ALRC
has published several materials on Bangladesh, which includes
article 2 publications. In 2006, the ALRC published its first special
report in the article 2, “Lawless law-enforcement & the parody of
judiciary in Bangladesh” (article 2, vol. 5, no. 4, August 2006).

The article 2 has covered special reports on institutions of Asian

nations, including Bangladesh. In 2008, an edition “Focuses on
prosecutions in Asia” (Vol. 7, No. 1, March 2008) was released
that contains an article titled “The Disposable prosecutors of
Bangladesh”. In the same year, the article 2 published another
report, “Feature 2008: Five countries in review” (Vol. 7, No. 4,
December 2008). Bangladesh found focus again in a chapter titled
“Insidious militarization and illegal emergency” and an article on
“Democratization and human rights in Bangladesh: An appraisal
of the military-controlled Fakhruddin interregnum”.

The article 2 also published a special edition titled “Use of

police powers for profit” (Vol. 8, No. 1, March 2009), which
contains article on “Disconnected policing and the justice trade in
Bangladesh: The case of Abdur Razzak”. Another edition (“Politics,
human rights and the rule of law in South Asia” (Vol. 8, No. 3,
September 2009) was released the same year, which includes an
article titled “A law to protect only one Bangladeshi family”.

“Corruption and counter-corruption across Asia” (Vol. 9, No.

1, March 2010) is another article 2 publication, which contains
an article titled “Anti-corruption mechanisms in Bangladesh”.

Human rights defender Mr. F. M. A. Razzak was the subject of

another edition of the article 2. This one, titled “Focus: Defending
human rights defenders: Standing up for FMA Razzak” (Vol. 10,
No. 2, June 2011) documented his attempted assassination.

In 2013, the ALRC, in collaboration with REDRESS,

published a special report in article 2 on “Torture in Asia: The
law and practice” (Vol. 12, No. 3, October 2013). A chapter on
Bangladesh was published in this edition. It focuses on: practice
and patterns of torture, international law and the Bangladesh
legal system; safeguards and complaint mechanisms on limits
to and supervision of pre-trial detention, access to lawyers and
compulsory medical check-up upon arrest, admissibility of
evidence obtained under torture, accountability in complaint,
investigation, and in granting amnesty and immunity, protection
of victims and witnesses, and reparation.

The aforementioned are some of the article 2 publications that

shed light on human rights realities in Bangladesh. The ALRC
and its sister organization, the Asian Human Rights Commission,

article 2  June - September 2014 Vol.13, No. 2 & 3 7

 have also released other publications related to Bangladesh. In
the active engagement of the ALRC and the AHRC in Bangladesh,
knowledge about the country has been, and is being acquired,
and reflected in such publications.

Acknowledgements

This report has been prepared by the Bangladesh Desk, in

collaboration with staff members, of the ALRC and the AHRC,
Hong Kong. The authors and the ALRC wish to thank the persons
who shared their stories that are published in this report. A
number of human rights defenders, academics, and journalists
contributed to the process of interviewing the professionals. The
ALRC thanks all of them for their effort. They put in considerable
effort and have refrained from disclosing their identities due to
security risks involved. The ALRC also thanks the authors of the
articles for their valued contributions.

Dedication

The Asian Legal Resource Centre dedicates this report to the

victims of human rights abuses, the families of the victims, and
the human rights defenders who face immense challenges in a
painful reality.

8 article 2  June - September 2014 Vol.13, No. 2 & 3

 Rule of Law in Bangladesh:
Normative standards and
reality’s mirror

Md. Ashrafuzzaman, Programme Coordinator

Asian Legal Resource Centre, Hong Kong

T he ‘rule of law’ appears to be one of the most frequently

used terms in Bangladesh, without regard to what
inherent meanings the phrase poses and what obligations
it creates on the State authorities. In academic texts, civil society
seminars, and political rhetoric, the term abounds in the form
of citing provisions of the Constitution and government pledges
to argue that rule of law prevails in Bangladesh. Does the rule of
law, however, really govern the lives of the Bangladeshis today?
What does it look like when measured on the scale of normative
standards of the rule of law? Given more than four decades of
political deceitfulness on the part of their politicians, this is
expected that the people of Bangladesh now take the benefit of
hindsight to avert a more dreadful future. Let us consider the
basic question when it comes to the rule of law. Are all persons
and authorities bound by the same laws? The Constitution of
Bangladesh, in Article 27, for instance reads: “All citizens are equal
before law and are entitled to equal protection of law.” Reality says
an entirely different story.

Gradually Bangladesh has turned into a difficult place for

the dissident voices and for those who oppose the successive
regimes’ unabated embezzlement of public funds. Beyond the
crimes, consider how victims of custodial torture are always

article 2  June - September 2014 Vol.13, No. 2 & 3 9

 denied access to the complaint mechanism once they approach
the police stations with a complaint against the police officers.
Cases of extrajudicial executions and enforced disappearances
face the same impunity. The police do not record complaints

“ One should also

try to understand
the existence and
against the law-enforcement agencies. Ergo, military officers are
above the law and the criminal justice system.

functionality of Whatever the law states becomes pointless, when the crimes
of high profile politicians of ruling parties are concerned. For
the rule of law by
instance, the Anti Corruption Commission (ACC) has covered up
checking the fact.
” the scams of the former Railway Minister Suranjeet Sengupta.
The World Bank brought the Padma Bridge corruption issue1
to the notice of the government, providing evidence against
high profile ministers, bureaucrats, and relatives of the Prime
Minister. But the ACC and the government have pushed the issue
under the carpet. The Prime Minister publicly declared the then
communications minister Sayed Abul Hossain a ‘true patriot’
when Hossain’s name surfaced as one of key accused in the scam
and public criticism was at its peak.

One should also try to understand the existence and

functionality of the rule of law by checking whether all persons
and authorities are entitled to benefit from all laws. This point
deserves that one focus on the reality of the gross abuses of
human rights in Bangladesh. The right to protection of law2 is
guaranteed in the Constitution as an ‘inalienable right of every
citizen’. Likewise, the protection of right to life and personal
liberty3 and the safeguards related to arrest and detention4 are
guaranteed in the same document.

1 The Padma Multipurpose Bridge Project for Bangladesh was designed to

connect the isolated southwestern region with the rest of the country. The
World Bank, which agreed to finance for the project, cancelled the same
on January 31, 2013 due to corruption scandals.” Details can be accessed
at: [Link]
bangladesh-padma-multipurpose-bridge-project
The World Bank’s full report can be accessed at: [Link]
[Link]/external/default/WDSContentServer/WDSP/IB
/2013/08/21/000442464_20130821100930/Rendered/PDF/
[Link] .
2 Article 31 of the Constitution of Bangladesh: Right to protection of law: “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.” Accessible at: [Link]
php?id=367&sections_id=24579
3 Article 32 of the Constitution of Bangladesh: Protection of right to life and
personal liberty: “No person shall be deprived of life or personal liberty
save in accordance with law.” Accessible at: [Link]
sections_detail.php?id=367&sections_id=24580
4 Article 33 of the Constitution of Bangladesh enshrines safeguards regarding
to arrest and detention. Accessible at: [Link]
sections_detail.php?id=367&sections_id=24581

10 article 2  June - September 2014 Vol.13, No. 2 & 3

 Yet, hundreds of people have been extrajudicially murdered
while in custody of the police, the Rapid Action Battalion, and
other paramilitary and security forces, within the last decade.
Numerous people have been and continue to be illegally arrested
and arbitrarily detained, mostly in fabricated cases. The law, in
general, does not benefit any of the victims. “ Many laws
have been made
arbitrarily, without
On the other hand, Bangladesh promulgates considerable public knowledge

”
legislation that cannot be considered as ‘law’ according to basic and consent.
legislative norms. For example, a law titled ‘Joint Drive Indemnity
Act5, 2003’ protects officers of the armed forces and the other
paramilitary forces from prosecution if they were to commit a
large scale violation of human rights6. This so-called legislation
has denied thousands of victims the right to seek justice. The
judiciary, including the Supreme Court, has maintained silence
about this law. Another law titled “Father of the Nation’s Family
Members Security Act7, 2009”, only benefits the family and the
relatives of the incumbent Prime Minister of Bangladesh, Sheikh
Hasina. Such laws are anathema in a state that abides by the
rule of law.

Considering further whether the rule of law exists in

Bangladesh one may check to see whether all laws are made
publicly or not. Since independence many laws have been made
arbitrarily in Bangladesh, without public knowledge and consent.
For example, the Special Powers Act8, 1974, was made to arrest
people without any Court’s order or a warrant. The government
was thus empowered to put citizens under ‘preventive detention’
for so-called ‘prejudicial acts’. And it allowed government officials
to determine which act is ‘prejudicial’ and which one isn’t,
bypassing and undermining the judiciary.

5 The original Bangla version of the Joutho Ovijan Daimukti Ain, 2003, (Joint
Drive Indemnity Act, 2003) can be accessed at: [Link]
bd/bangla_all_sections.php?id=897
6 Nick Cheesman, “Fighting lawlessness with lawlessness (or) the rise & rise
of the Rapid Action Battalion” paragraph 4, “The 86-Day Tragedy a.k.a.
Operation Clean Heart”. The article can be viewed at: [Link]
org/[Link]/0504/244/. It was part of article2, Vol. 5, No. 4, published
Special Report titled “Lawless Law-enforcement and the Parody of Judiciary
in Bangladesh”, 2006. A detailed report can be viewed at: [Link]
[Link]/[Link]/0504/
7 The original Bangla version of the Jatir Pitar Poribar-Sadoshojoner Nirapatta
Ain, 2009, (Father of the Nation’s Family Members Security Act) can be
viewed at: [Link]
8 The Special Powers Act, 1974, enacted on 9 February of that year, without any
discussion inside or outside Parliament. This Act empowers the government
to arrest citizens for ‘prejudicial acts’ and put the arrestees in ‘preventive
detention’, denying them the right to liberty. The Act is accessible at: http://
[Link]/pdf_part.php?id=462

article 2  June - September 2014 Vol.13, No. 2 & 3 11

 The Fourth Amendment9 to the Constitution of Bangladesh
was passed in the National Parliament in less than 15 minutes.
There was no discussion in Parliament regarding the Amendment,
let alone any public discussion in the country. The Fourth

“ The Constitution
of Bangladesh was
amended in the
Amendment, thus, is known as a ‘parliamentary coup’ in
Bangladesh.

National Parliament The Fifteenth Amendment10 to the Constitution of Bangladesh

had the same fate as the Fourth Amendment. The Parliament
in less than 15
rubber-stamped the Fifteenth Amendment Bill in under 15
minutes.
” minutes. The people of the country were in the dark regarding
this Amendment, which introduced the grand provision for
punishing persons with the death penalty for criticising the
Constitution, labeling such criticism an act of ‘sedition’11. The
Amendment has also inserted an Article that prohibits all the

9 The Fourth Amendment to the Bangladesh Constitution was passed on 25

January 1975, bringing radical changes in the governmental and political
systems. Multiparty parliamentary democracy was replaced by a one party
presidential dictatorship. The Amendment banned all political parties,
keeping only the ruling party in the country. The Prime Minister Sheikh
Muzibur Rahman declared himself President of the Republic. The tenure of
the President and the Parliament was extended for five years from the date of
the Amendment, despite Parliament having already been constituted for two
years following the 1973 election. Altogether 19 Articles of the Constitution
were amended, i.e. 11, 66, 67, 72, 74, 76, 80, 88, 95, 98, 109, 116, 117,
119, 122, 123, 141A, 147, and 148. As a result: articles 44, 70, 102, 115
and 124 were replaced; Part III of the Constitution was repealed; the Third
and Fourth Schedules were altered; Part VIA, a new part, was inserted; and
the articles 73A and 116A were inserted. The Supreme Court was deprived
of its jurisdiction over the protection and enforcement of fundamental
rights. The appointments of the judges of the Supreme Court came under
the control of the President, while the subordinate judiciary (Sessions and
Magistracy) was already under the direct control of governmental ministries.
All newspapers were banned and shut down save for four: the government
snatched ownership of two private newspapers by an order and retained two
previously government-owned newspapers. And, all public employees were
automatically made members of the ruling party.
10 The Fifteenth Amendment of Bangladesh Constitution, enacted on 29
June 2011, made great changes to the Constitution by repealing the “non-
party caretaker system’ for holding general elections. It made provisions of
holding general election without dissolving the sitting Parliament. It inserted
an Article declaring the country ‘secular’ while keeping Islam as the state
religion.
11 Article 7A: “Offence of abrogation, suspension, etc of the Constitution: (1) If
any person, by show of force or use of force or by any other un-constitutional
means- (a) abrogates, repeals or suspends or attempts or conspires to abro-
gate, repeal or suspend this Constitution or any of its article; or (b) subverts
or attempts or conspires to subvert the confidence, belief or reliance of the
citizens to this Constitution or any of its article, his such act shall be sedi-
tion and such person shall be guilty of sedition. (2) If any person- (a) abets
or instigates any act mentioned in clause (1); or (b) approves, condones, sup-
ports or ratifies such act, his such act shall also be the same offence. (3) Any
person alleged to have committed the offence mentioned in this article shall
be sentenced with the highest punishment prescribed for other offences by
the existing laws. Accessible at: [Link]
[Link]?id=367&sections_id=41503

12 article 2  June - September 2014 Vol.13, No. 2 & 3

future Parliaments of the country to amend the ‘Basic Provisions’12
of the Constitution, making future amendments punishable for
sedition. This Amendment also repealed the Fifth Amendment
of the Constitution. But, it did not renumber the successive
amendments to the Constitution, and also did not clarify how it
would justify actions of the State performed under the erstwhile
Fifth Amendment.
“ All the laws were
made by the military
controlled regimes
were imposed as
The Information and Communication Technology Act13, 2006, ordinances with
the Anti-Terrorism Act14, 2009, and the Mobile Court Act15,
2009, are among other draconian laws created without public
immediate or
knowledge. Furthermore, all the laws made by military and
military controlled regimes were imposed as ordinances with
immediate or retrospective effect. The people of Bangladesh did not
”
retrospective effect.

have any knowledge about such laws prior to their promulgation.

Therefore, on the whole, Bangladesh fails this rule of law norm
as well.

In a rule of law state, citizens should also have knowledge of the

existence, the contents, and the full texts, of all laws promulgated
and put in force. Everyone should have easy access to the laws
as well.

Is this the case in Bangladesh? The law-making process solely

depends on the wish of the head of the Bangladesh government.
Forget theory, this is the reality. From beginning to end in the law-
making process, the people are kept isolated from the discussion
about both the necessity and the impact of the potential law. The
government drafts a Bill using bureaucrats, who always oblige
the regime, ignoring the welfare of citizens. On rare occasions
are opinions collected from select members of civil society. Either

12 Bangladesh Constitution’s Article 7B: “Basic provisions of the Constitution

are not amendable: Notwithstanding anything contained in article 142 of the
Constitution, the preamble, all articles of Part I, all articles of Part II, subject
to the provisions of Part IXA all articles of Part III, and the provisions of
articles relating to the basic structures of the Constitution including article
150 of Part XI shall not be amendable by way of insertion, modification,
substitution, repeal or by any other means.” Accessible at: [Link]
[Link]/sections_detail.php?id=367&sections_id=41504.
13 The original Bangla version of the Totho O Jogajog Projukti Ain, 2006
(Information and Communication Technology Act) [Link]
[Link]/bangla_pdf_part.php?act_name=&vol=%26%232537%3B%26%2325
41%3B&id=950
14 The original Bangla version of the Sontrash Birodhi Ain, 2009, (Anti-
Terrorism Act) can be accessed here: [Link]
all_sections.php?id=1025.
15 The original Bangla version of Mobile Court Ain, 2009 (Mobile Court Act,
2009) accessible at: [Link]
php?id=1025

article 2  June - September 2014 Vol.13, No. 2 & 3 13

 way, at the time of enactment, the Parliament rejects16 the views
of ‘civil society’.

Different regimes, out of the arrogance that comes with

“ Trials of a
number of alleged
perpetrators were
absolute authority, and ignorant of existing laws, have ended up
duplicating laws. New laws often overlap, or contradict, existing
laws and constitutional provisions. Article 2A, which establishes
started while the ‘Islam’ as the ‘state religion of the Republic’17 and Article 12,
government kept wherein ‘Secularism’ 18 is adopted, as the ‘Fundamental Principles
of State Policy’, is case in point. When the Constitution is riddled
targeting new with such amendments, one can comprehend the state of domestic
persons by choice.
” laws. What is more, the President promulgates ordinances acting
upon the wishes of the office of the Prime Minister. Such legislation
and its process remain hidden from the public.

What is true for the process is true for the laws promulgated
too. Access to the laws is not a reality for the ordinary public;
rather, it is the legal practitioners and law-enforcement agencies
that mostly deal with the laws, with or without a correct version
and interpretation of the law.

The application of all laws prospectively is another significant

feature of the rule of law. And, in Bangladesh, constitutional
amendments and domestic legislations have been put in effect
retrospectively. The Fifth Amendment to the Constitution of
Bangladesh was passed by Parliament on 6 April 1979. It was,
however, put into effect from 15 August 1975, with retrospective
effect. Likewise, the Eleventh Amendment to the Constitution is
another example. This Amendment validated the oath and office
of Mr. Shahabuddin Ahmed, Chief Justice of Bangladesh, as
the Acting President of the Republic from 6 December 1990 to
9 October 1991. During this period Bangladesh’s Chief Justice
Shahabuddin Ahmed became the Acting President of the Republic
on political consensus, since military dictator Ershad’s downfall.
The constitutional amendment justified Justice Ahmed’s desire to
return to the Office of the Chief Justice. After Acting Presidency

16 A Parliamentary Committee was formed prior to the introduction of the

Fifteenth Amendment Bill of the Constitution. The committee had few
discussions with members of NGOs, media, Supreme Court lawyers,
and some politicians. As per most everyone’s suggestion, the Committee
recommended retaining the ‘non-party caretaker governmental system’ for
holding general elections in the country. Prime Minister Sheikh Hasina
alone wanted to repeal the ‘non-party caretaker system’ for perpetuating her
power. Fifteenth Amendment Act, 2011, satisfied Sheikh Hasina, ignoring 90
percent of the people.
17 Article 2A: The state religion: ‘The state religion of the Republic is Islam, but
the State shall ensure equal status and equal right in the practice of the
Hindu, Buddhist, Christian and other religions.’ See: [Link]
[Link]/sections_detail.php?id=367&sections_id=24549
18 Article 12: Secularism and freedom of religion: ‘The principle of secularism
shall be realised by the elimination of - (a) communalism in all its forms; (b)
the granting by the State of political status in favour of any religion; (c) the
abuse of religion for political purposes; (d) any discrimination against, or
persecution of, persons practicing a particular religion. See: [Link]
[Link]/sections_detail.php?id=367&sections_id=24560

14 article 2  June - September 2014 Vol.13, No. 2 & 3

he served as the Chief Justice until the end of 1994 as a result
of the Eleventh Amendment to the Constitution of Bangladesh.

Apart from the Constitution, the International Crimes Tribunal

Act19, 1973, has been one of the most debated examples of laws
having been applied with retrospective effect. This particular law
was made in 1973 for bringing to justice perpetrators of war crimes
“ In Bangladesh the
powers of the Courts
have been curtailed in

”
and crimes against humanity committed during the Bangladesh certain laws.
war of independence. For political reasons, the due trials did not
take place for a long time.

In 2009, the Bangladesh Awami League, after assuming

office, initiated trials of the alleged perpetrators. The government
amended the Act on 14 July 2009, and again in 2012 and
2013. Trials of a number of alleged perpetrators commenced;
the government kept targeting new persons by choice, instead
of finalising the entire list of perpetrators. In the middle of the
trial, the government amended the Act with retrospective effect.
Section 2120 of the Act, for instance, was substituted by a provision
enabling the State to secure its ‘Right to Appeal.’ This amendment
took place after a few judgments had already pronounced by
ICT Tribunals. This Amendment was made following protests by
a section of the public, who demanded the death penalty21 for
one of the convicts punished with life imprisonment. This law
excludes the applicability of the Evidence Act, 1872, and the Code
of Criminal Procedure, 1898. Therefore, the prospective principle
has been and continues to be breached in Bangladesh.

In a country where the rule of law exists, another feature

must be present: all the laws should be administered in the
courts of law. In Bangladesh, the powers of the Courts have been
curtailed in certain laws. Consider the example of the Speedy Trial
Tribunal Act22, 2002. This law was made with the purported aim
of ensuring quick trial for five specific offences: murder, rape,
and the possession of illegal firearms, explosives, or narcotics.
Initially, it came into force via a Presidential ordinance. Later,
the Parliament ratified it. Section 6 of the Act authorises the

19 The official version of the International Crimes Tribunal Act, 1973, can be
accessed here: [Link]
20 Section 21 of the International Crimes Tribunal, “Right of Appeal: (1) A person
convicted of any crime specified in Section 3 and sentenced by a Tribunal
may appeal, as of right, to the Appellate Division of the Supreme Court of
Bangladesh against such conviction and sentence. (2) The Government or
the complainant or the informant, as the case may be, may appeal, as of
right, to the Appellate Division of the Supreme Court of Bangladesh against
an order of acquittal or an order of sentence. (3) An appeal under sub-section
(1) or (2) shall be preferred within 30 (thirty) days from the date of conviction
and sentence, or acquittal or any sentence, and no appeal shall lie after the
expiry of the aforesaid period. (4) The appeal shall be disposed of within 60
(sixty) days from the date of its filing. (5) At the time of filing the appeal, the
appellant shall submit all documents as may be relied upon by him.”
21 The death penalty was executed on 12 December 2013.
22 The original Bangla version of the Druto Bichar Tribunal Ain, 2002 (Speedy
Trial Tribunal Act) can be accessed at: [Link]
bangla_all_sections.php?id=896

article 2  June - September 2014 Vol.13, No. 2 & 3 15

 government to select particular cases involving crimes falling into
the five categories and to transfer them, by gazette notification,
to the Speedy Trial Tribunal for holding quicker trials. The law
has thereby allowed executive authorities to arbitrarily pick and

“ Torture and
corruption are
inseparable from the
choose cases for trial under this law. The executive authorities
rather than the judiciary usually decide the fate of these cases.

investigation The Mobile Court Act, 2009, was first introduced as an

”
system. ordinance by the military controlled emergency regime23. This law
authorises the government to assign an ‘Executive Magistrate’
or ‘District Magistrate’ to conduct trial of offences24 under this
law. At least 85 separate laws were put into the schedule25 of
this Act. Sections 6 and 11 empower the ‘Executive Magistrates’
and ‘District Magistrates’ – both being administrative officers
of the Executive branch of the state – to punish the so-called
accused instantly, with a maximum imprisonment of two years26
and monetary penalties, as per the laws listed in the Schedule
of this Act. Such instant punishment is executed without
the accused being able to avail legal representation. This Act
imposes obligations on law-enforcement agencies and concerned
institutions of the government to assist the ‘Mobile Court’ in its
operation. This law has mostly been used to punish opposition
activists for alleged violence in particular, though all manners of
citizens have met with instant ‘justice’ in this way for a variety of
alleged crimes. Thus, Bangladeshi executive routinely undermines
and jettisons the courts to try certain alleged crimes.

Anyone wishing to gauge the functionality of a rule of law system

in a given territory should also ask another critical question: Is
the investigative system under the police adequate to enable the
courts to administer justice? In the context of Bangladesh, the
answer is resounding no. The investigation system maintained
by the police is notorious. Torture and corruption are inseparable
from the investigation system27 in Bangladesh. The police do
not have the required efficiency and commitment to investigate
cases with any credibility. Rather, the police maintain a ‘chain

23 On 11 January 2007, the armed forces snatched power from the President,
who was forced to impose a state of emergency. The army was in the driving
seat, while civilian bureaucrats at the forefront acted as puppets of the army.
This regime stayed in office until Sheikh Hasina took over power on 6 January
2009. The military-controlled regime promulgated dozens of ordinances to
secure their control over institutions and the people in general.
24 Section 5 of the Mobile Court Act, 2009, accessed here: [Link]
[Link]/bangla_sections_detail.php?id=1025&sections_id=39548
25 Schedule of the Mobile Court Act, 2009, details of which (in Bangla) are
accessed here: [Link]
26 Section 8 of the Mobile Court Act, 2009, available at: [Link]
[Link]/bangla_sections_detail.php?id=1025&sections_id=39549
27 Asian Legal Resource Centre, Hong Kong, “Bangladesh, a tortured and
corrupted nation”, paragraph with sub-title: Torture, the Third Degree Method,
can be accessed at: [Link]
published in Special Report “Lawless Law-enforcement and the Parody of
Judiciary in Bangladesh”, article2, Vol. 5, No. 4, August 2006. Available at:
[Link]

16 article 2  June - September 2014 Vol.13, No. 2 & 3

of corruption’ 28 for building individual fortunes. The forensic
medicine examination and medico-legal investigation system is
still primitive29. As a result, ‘confessional statements’ extracted
through torturing an accused or a witness is a key technique of
criminal investigation30. Corruption is inseparable from every
stage of a criminal case31. “ Courts face
constant interference
by the government
As far as the rule of law is concerned, it also important to or other political
consider whether the prosecution system is adequate, to allow pressures or by
for laws to be administered by the Courts. Bangladesh has never
had an independent and competent prosecution system. Rather,
pressure from
the country has a ‘disposable’ 32 prosecution system. Every regime
appoints a group of lawyers of their choice to act as prosecutors or
state attorneys. These lawyers get this opportunity because of their
powerful lobbies.
”
political loyalty – not professional skills – and often by corrupt
means. The prosecutors partake in riotous corruption, the result
of which reflects in their subsequent lifestyle. The prosecutors
do not delegate their responsibilities or skills to any successors.
The transfer of prosecutorial responsibilities does not take place;
once a regime assumes office, a new set of prosecutors occupy
the office of the prosecutors; predecessors stop coming to the
office once they know their own party is not returning to power.

A common feature of Bangladesh, in terms of considering

the status of the rule of law, is that the Courts face constant
interference by the government, other political pressures, and
pressure from powerful lobbies. Direct intervention in the
functioning of Courts is a way of life in Bangladesh33. Since the
birth of Bangladesh and up to October 2007, the Magistrate’s
Court was directly under the Ministry of Home Affairs. Executive
officers of the state used to sit in the Courts to adjudicate criminal

28 Asian Human Rights Commission’s Statement on 9 August 2012:

“BANGLADESH: People pay more to the police than the government”,
accessible at: [Link]
STM-160-2012
29 Asian Human Rights Commission, Urgent Appeal Case: AHRC-UAC-149-2008,
ADDITIONAL COMMENT, Paragraph: 4. Details available at: [Link]
[Link]/news/urgent-appeals/AHRC-UAC-149-2008/
30 Asian Human Rights Commission’s Open Letter to UN High Commissioner for
Human Rights, 26 June 2013: “BANGLADESH: Torture-friendly & Corrupt
Policing Needs Urgent Reform”, accessible at: [Link]
asia/news/ahrc-news/AHRC-OLT-011-2013/
31 Chapter III: “Corruption at Investigation/Inquiry Stages”, Pg. 23. In Md.
Shariful Islam’s book, “Politics – Corruption Nexus in Bangladesh: An
empirical Study of the Impacts of the Judicial Governance”, published by
Asian Legal Resource Centre, Hong Kong, 2010. Accessible at: [Link]
[Link]/resources/books/ALRC-PUB-001-2011/ALRC-PUB-001-
[Link]
32 Md. Ashrafuzzaman, The Disposable Prosecutors of Bangladesh: http://
[Link]/[Link]/0701/309/, published in article2, Vol. 7. No.
1., in 2008: “Focus: prosecution in Asia”, accessible at: [Link]
org/[Link]/0701/.
33 Asian Human Rights Commission’s Statement: “BANGLADESH: A lady
parliamentarian obstructs investigation into a rape of a nine year old girl”,
accessible at: [Link]
STM-174-2010/

article 2  June - September 2014 Vol.13, No. 2 & 3 17

 cases. All adjudications used to depend on administrative and
political interference. Since November 2007, the ‘separation
of judiciary’ has taken place on paper. In reality, although the
‘Judicial Magistrates’ have replaced the ‘administrative officers’

“Due to large scale

politically-chosen
appointments and
to adjudicate law, the traditional practice of the executive
monopolising judicial functions continues. The recruitment,
posting, promotion, or elevation of judges controlled by the
posting of judges executive branch of the state. As a result, the judiciary, at all its
those wish to levels, entertains the instructions of the executive and persons
close to the rulers34.
maintain normative
principles get As a result, public confidence in the competence and
demoralized.
” impartiality of the Courts in administering justice is absent in
Bangladesh. The people do not trust the judiciary35. The popular
perception is that if any person becomes party to any litigation
this involvement has arrived in their life as an unfortunate blow.
Being involved in litigation is assumed to be the result of misdeeds
or sins committed by someone in the family. The judicial process
is itself assumed as a form of punishment in society.

Next, is the procedure for the appointment, promotion, and

dismissal of judges made through an objective process that
inspires public confidence in a rule of law system? In Bangladesh,
the appointment, promotion, and dismissal process has been
greatly politicized and subject to corruption. The Ministry of
Law, Justice, and Parliamentary Affairs deals with the process of
appointment, promotion, and dismissal in a whimsical fashion,
prompted by the wishes of the incumbent political regime. This
occurs despite the Rules directing that such actions should be
conducted through ‘consultation with the Chief Justice’. That
said, the Chief Justice also happens to be appointed on political
considerations36. And, thus, what is in practice and the procedure
in terms of normative standards do not match.

It may be understood that once judges are recruited, promoted,

and posted on the basis of their political ideology and loyalty37,
the position of judges can never be secure from interferences into

34 Asian Legal Resource Centre’s Statement titled “BANGLADESH:

Incommensurable with the rule of law”, accessible at: [Link]
doc/[Link]/alrc_st2014/789
35 Asian Legal Resource Centre’s Statement titled “ BANGLADESH:
Incommensurable with the rule of law”, accessible at: [Link]
doc/[Link]/alrc_st2014/789
36 Asian Human Rights Commission’s Statement: “BANGLADESH: Culture of
supersession in Supreme Court will undermine rule of law”, published 26
May 2010, accessible at: [Link]
AHRC-STM-147-2008/
37 The posting of Md. Jahangir Hossain (Badal) as the District and Sessions
Judge of Dhaka in 2010 was decided by the government at a time when he
lagged behind 200 judicial officers on the merit list of judges that could vie for
the same position. Later, on 20 October 2011, he was elevated as Additional
Judge of the High Court Division. On 7 October 2013, the government made
him a permanent Judge of the High Court Division of the Supreme Court of
Bangladesh. Mr. Jahangir is related to an ex President of Bangladesh, the
late Md. Zillur Rahman.

18 article 2  June - September 2014 Vol.13, No. 2 & 3

judicial decisions. The notion of impartiality and independence
of judges has no place in the actions of such an institution. Due
to large-scale politically determined appointments and postings,
judges that wish to maintain normative principles get demoralized.
Undeserving judges damage any vestige of the rule of law by
entertaining matters that are unlawful, unethical, and corrupt38. “ Many decisions of
the judges are made
in closed doors,
There is no means provided for resolving, without prohibitive particularly when the
cost or inordinate delay, bona fide disputes which parties opposition activists
themselves are unable to resolve. Today, disputes cannot be
resolved without intervention and support from locally influential
and human rights
persons belonging to the ruling party. In Bangladesh, the litigation defenders are the
cost is prohibitive, and it is not affordable to ordinary litigants.
Besides, there is an option of receiving ‘legal aid’, which is
almost inaccessible to them. Inordinate delays in disposing the
accused.
”
criminal and civil cases contribute to public frustration about
the judiciary’s competence in administering justice. In absence
of any kind of ‘witness protection’ mechanism the people face
multiple challenges. Those who dare contest cases against the
law-enforcement personnel, influential persons associated with
the ruling parties, and economically powerful persons, face dire
threat to their lives, liberty, and property.

The adjudicative processes provided by the state are not fair.

Many decisions of the judges are made behind closed doors,
particularly when opposition activists and human rights defenders
are made accused in fabricated cases. Due to corrupt practices
and politicization, decisions are made behind closed doors. There
is no functional process of holding the judges accountable. There
is perpetual fear of contempt of court proceedings, i.e. vindictive
actions by the judiciary39.

Additionally, the role of lawyers, as integral part of the

adjudicative process, is negative. By and large, the lawyers have
acted to their own personal advantage and not for the preservation
of litigation practices complying with norms of the rule of law.

Furthermore, there is no guarantee that the Court’s decisions

will be implemented in Bangladesh. Those having the capacity
to influence a powerful authority of the state can undermine a

38 Asian Human Rights Commission’s Urgent Appeal Update: “BANGLADESH:

Magistrate violates law, while the government’s goons attempt to brand
college student as a criminal after the Rapid Action Battalion took his leg
away”. The full text can be accessed at: [Link]
news/urgent-appeals/AHRC-UAU-028-2012/
39 The Daily Amardesh editor Mahmudur Rahman, and journalist Oliullah
Noman were imprisoned in a ‘contempt of court’ case initiated by the
Supreme Court of Bangladesh. The Court imposed extralegal punishments
to these two persons. Details can be found in Asian Human Rights
Commission’s “The State of Human Rights in Eleven Asian Nations –
2010”, Pg. 47–50. Accessible at: [Link]
hrreport/2010/1%20Bangladesh_2010.pdf

article 2  June - September 2014 Vol.13, No. 2 & 3 19

 judicial order40. The institutions that responsible for upholding
the rule of law are constrained. The police, the prosecution and
attorney services, the forensic medicine examination system, and
the courts are not allocated adequate financial, technical, and

“ Laws are not

accessible to
the people.
human resources41. This inadequacy guarantees the inefficiency
of these institutions and increases corruption. The possibilities
of corruption are not prevented within the institutional systems
Subsequently, the as far as Bangladesh is concerned. Rather, the possibilities of
people have to rely corruption are promoted. The culture of impunity amongst the
offenders is thus entrenched. As a result, the police and law-
on brokers, who are enforcing agents do not care about the quality of service that
often representatives they are legally obliged to render to the people. The police officers
of the local are, in practical terms, not answerable to anyone for distortion of
government.
” facts, evidence, and for illegal arrests and arbitrary detentions,
due to the ‘chain of corruption’ having replaced the ‘chain of
command’.42 Likewise, corruption has been made inseparable
from prosecutorial affairs and adjudication43.

A functioning rule of law system makes all laws accessible to

all citizens. In the case of Bangladesh, the laws are not accessible
to the people. Subsequently, the people have to rely on brokers,
who are often representatives of local government entities, such
as the municipality. These people, at the same time, may be
police sources or may be working with a particular lawyer hunting
for cases or clients for litigation. For registering a complaint, a
litigant has to follow what the police dictate or be subject to how
a client-hunting lawyer imposes himself and ignores the needs
of the client. The police and the lawyers habitually add fictitious
stories to the facts relating to a complaint when complainants
approach them to register a case. They tempt complainants
and argue that exaggerated complaints will help fit the case to
stronger provisions of law that may bring harsher punishment
to the alleged perpetrators. Due to the complainants’ lack of
knowledge about legal provisions and the lack of access to law,
the complainants agree with the police and lawyers, who extract

40 Asian Human Rights Commission’s Urgent Appeal Case: “BANGLADESH:

Rights activists and inhabitants of Mayadip are under threat by illegal
sand-miners in connivance with the police and civil administration”,
available at: [Link]
UAC-033-2012/
41 Md. Shariful Islam “Politics – Corruption Nexus in Bangladesh: An Empirical
Study of the Impacts on Judicial Governance”, published by Asian Legal
Resource Centre, 2010, Chapter VI: The Plights of the Judges, Pg. 97, and
Chapter VII: The Plights of the Police, Pg. 107. Accessible at: [Link]
[Link]/resources/books/ALRC-PUB-001-2011/ALRC-PUB-001-
[Link]
42 Asian Human Rights Commission’s Statement: “ BANGLADESH: Chains of
Corruption Strangle Nation”, available at: [Link]
news/ahrc-news/AHRC-STM-085-2014
43 “AHRC case study: Accused in Bangladesh forced to pay bribe to the Special
Public Prosecutor and Judge”, Pg. 50. In Asian Legal Resource Centre’s Report
of the Fourth Consultation on an Asian Charter on the Rule of Law, 2008, “The
Inability to Prosecute and Failure to Protect Human Rights in Asia”, accessible
at: [Link]
[Link]

20 article 2  June - September 2014 Vol.13, No. 2 & 3

extra money from complainants for such ‘service’. Challenging
the police, or the lawyer, may only increase the insecurity of the
person already struggling to get legal remedy44.

All laws are not clearly intelligible and predictable in

Bangladesh. For example, in Section 7, the Medical Practice and
Private Clinics and Laboratories (Regulation) Ordinance, 1982,
“ When we talk
about the rule of
law, it is important
states that doctors have to publicly display their charges and to consider how the
fees45. The same ordinance, in Section 14, makes the entire law question of legal
useless by barring the courts’ authority to take cognizance of
a case unless there is ‘a complaint in writing from the Director
rights and liabilities
General of Health’ 46. Take the example of the Motor Vehicles
Ordinance, 1983. In Section 189, the law authorizes police officers
to punish the ‘offenders’ with monetary fine47. In fact, the amount
are resolved.
”
is not mentioned in the law. As a result, the police do business of
extortion, and charge fine arbitrarily, by using this law. Also, the
Information and Communication Technology Act, 2006, with its
vague definition48 of offences, gifts immense power to the police to
arrest and harass any citizen the state. In addition, the Police Act,
1861, is made non-applicable in metropolitan areas, according
to Section 3 of the Dhaka Metropolitan Police Ordinance49, 1976;
this causes chaos in the policing system itself, not to mention
citizens caught up in its legal web.

When one talks about the rule of law, it is important to consider

how the question of legal rights and liabilities is resolved – by
ordinary application of the law or by discretion of any authority?
The closure of the Daily Amardesh, a vernacular pro-opposition
daily newspaper, and detaining its Editor, Mr. Mahmudur
Rahman, is a glaring example that exposes the truth about abuse
of discretionary power. On 11 April 2013, the police arrested
Mahmudur from his office. He was shown arrested as an accused
in two cases of car vandalism, despite him not having stepped out

44 Asian Human Rights Commission’s Urgent Appeal: “ BANGLADESH: Police

pressure the victim of an acid attack to withdraw her case and marry her
attacker”, accessible at: [Link]
appeals/AHRC-UAC-144-2009
45 The Medical Practice and Private Clinics and Laboratories (Regulation)
Ordinance, 1982, Section 7: Display of charges and fees: Every registered
medical practitioner carrying on private medical practice and every private
clinic and private laboratory shall prominently display in the chamber,
clinic or laboratory, as the case may be, a list of charges and fees that may
be [demanded by him or it.]. The full text of the Ordinance is available at:
[Link]
46 The Medical Practice and Private Clinics and Laboratories (Regulation)
Ordinance, 1982, Section 14: “No Court shall take cognizance of an offence
under this Ordinance except on a complaint in writing made by the Director-
General or an officer authorised by him in this behalf.”
47 Motor Vehicles Ordinance, 1983, Section 159, accessible at: [Link]
[Link]/sections_detail.php?id=654&sections_id=22552
48 The original Bangla version of Tottho O Jogajog Projukti Ain, 2006 (Information
and Communication Technology Act, 2006) is available at: [Link]
[Link]/bangla_all_sections.php?id=950
49 Dhaka Metropolitan Police Ordinance, 1976, accessible at: [Link]
[Link]/print_sections_all.php?id=511

article 2  June - September 2014 Vol.13, No. 2 & 3 21

 of his office for several months in order to avoid state repression.
The newspaper was shut down forcibly and the printing press
sealed by the police the same evening without lawful reason50. The
action was challenged in the High Court Division of the Supreme

“ The laws of the

land, in fact, apply
on the basis of
Court of Bangladesh. The High Court gave a partial hearing to the
newspaper’s writ. To delay the process, or to deny normal legal
redress, the state attorneys made a request for further hearings in
political identities the presence of the Attorney General. Subsequently, the hearing
and socio-economic has been pending for nearly a year. The writ has still not been
included in the cause list of the Court at the time of writing. The

”
status. editor remains in detention without trial. The case shows how
the laws of the land apply on the basis of political identities and
socio-economic status51.

There is no scarcity of law in Bangladesh. But, when the

question of protection under law arises – either in the cases of
ordinary crimes or gross human rights violations - a diabolical
picture takes shape. Take the example of enforced disappearance
and extrajudicial killings by the RAB and the police. Not a single
incident involving such crimes has led to prosecution since the
RAB was created in 2004. The denial of access to the complaint
mechanism closes all doors for seeking justice; forget about
credible investigation or prosecution regarding the matter52.
The government covers up cases of fundamental human rights
violations through so-called inquiries by Executive Magistrates
(administrative officers), delay, and intimidation of victims.
The laws, not to mention implementation, are inadequate for
preventing discriminations.

The people of Bangladesh have struggled for many years for a

legislation that criminalizes torture. In October 2013 such a law53
was enacted. ‘Custodial death’ is a punishable crime under this
law. In reality, however, the law is not being put into practice for
registering cases of torture and custodial deaths. For the cases
of disappearance, the government argues that ‘disappearance’ is
not criminalized in penal law; thus, the crime does not take place

50 Asian Human Rights Commission’s Statement: “ BANGLADESH: Intervene

immediately to save the life of detained journalist Mr. Mahmudur Rahman”,
accessible at: [Link]
STM-076-2013/
51 Asian Legal Resource Centre’s Report of the Fourth Consultation on an Asian
Charter on the Rule of Law, 2008, “The Inability to Prosecute and Failure to
Protect Human Rights in Asia”, page 24, paragraph 3 & Bangladesh Desk of
Asian Legal Resource Centre, “Bangladesh, a corrupted & tortured nation”,
article2, 2006, Vol. 5. No. 4, accessible at: [Link]
php/0504/242/
52 Asian Human Rights Commission’s Asia Report 2013: “BANGLADESH: Lust
for Power, Death of Dignity” accessible at: [Link]
resources/hrreport/2013/[Link]/
53 Torture and Custodial Death (Prohibition) Act, 2013, was drafted by Asian
Human Rights Commission in 2009. After nearly five years’ continued
campaign, the Bill was enacted on 24 October 2013. The full text can be
accessed at: [Link]
legislation/[Link]/

22 article 2  June - September 2014 Vol.13, No. 2 & 3

and is not considerable as well54. Such a position contradicts the
fundamental rights enshrined in the Constitution of Bangladesh55.
The excuse of not having a legal provision on any particular issue,
in fact, does not matter at all. The Constitution clearly prohibits
‘torture’, and a new legislation criminalizes ‘torture’ and ‘custodial
death’. Yet, torture is endemic and custodial death flourishes
unabated in Bangladesh. This is so for cases of illegal arrest and
“ The mainstream
media professionals
have, largely, made
arbitrary detention too. Prohibition in the Constitution or in law themselves slaves to
does not prevent the law-enforcing agencies from committing these these political
crimes. Illegal arrests and arbitrary detentions are the normal
way of law-enforcement in Bangladesh.

Such a system is, in fact, incapable of guaranteeing the right

camps.
”
to fair trial. Incompetence of judicial officers, prosecutors, and
defence lawyers, and the absence of judicial mindset amongst
legal professionals, is sufficient to deny the right to fair trial.
Besides, politicization in all institutions including the police and
judiciary contribute to worsen the situation. Also, delays force
many persons not to pursue cases and to enter into compromises.
The absence of witness protection puts many lives at risk if they
pursue cases. Unprincipled practices of settlement, and granting
of suspended sentences by presidential clemency56 to the ruling
party cadres, also undermine the concept of fair trial.

In a functioning rule of law system, the people’s freedom

of expression is guaranteed. In Bangladesh, the freedom of
expression guarantee is the other way around: the middle-
class population is apparently politically polarized in favour of,
or against, two major political camps. The mainstream media
professionals have, by and large, made themselves slaves to one
political camp or the other. The freedom of propaganda against the
critics of the government is guaranteed at the cost of the ordinary
people’s aspiration. For example, a person who criticized the Prime
Minister, Sheikh Hasina, and her family members, for enjoying
undeserving advantages from the state, have been harassed by the

54 Asian Legal Resource Centre and Odhikar’s Joint Statement: “BANGLADESH:

Government suppressed truth to the UPR Session”, accessible at: http://
[Link]/news/alrc-news/ALRC-STM-002-2013
55 Constitution of Bangladesh, Article 32: Protection of right to life and
personal liberty: “No person shall be deprived of life or personal liberty save in
accordance with law.”
56 Asian Human Rights Commission’s Statement: “BANGLADESH: Clemency
must not be a political game”, accessible at: [Link]
news/ahrc-news/AHRC-STM-037-2012/

article 2  June - September 2014 Vol.13, No. 2 & 3 23

 government57. A university student58 was detained for expressing
disgust about the disappearance of opposition leader Ilias Ali. A
university teacher was convicted with 7 years imprisonment in
June 2013 for updating a Facebook status59 that was ‘threatening

“ There are severe

restrictions on the
NGOs – those who
the Prime Minister with death’. Another university teacher, who
was studying abroad, was given six months imprisonment by a
High Court Bench for ‘disregarding’ the Court’s summon’ regarding
documents and a facebook post expecting ‘death’ of Prime Minister60. The closure
expose the misdeeds; of the Daily Amardesh and the imprisonment and detention of
its editor and journalists transmits the message that publishing
they are often corruption scandals involving the Prime Minister’s family will lead
portrayed as to repression. The use of the intelligence services against dissident

”
traitors. voices – intimidating the critics by visiting their houses late in the
night – has created tremendous fear in the country. Telephone
conversations are taped, ‘legally’, in Bangladesh61. The same law

57 Mr. A. K. M. Waheduzzaman, a lecturer at the National University of

Bangladesh, was arrested for his Facebook status in August 2013. He
allegedly made sarcastic comments about the education of the son and
daughter of Prime Minister Sheikh Hasina. The Prime Minister’s son is
officially introduced as an Information Technology expert, while the daughter
is introduced as an expert regarding persons with physical disability. Both
of them do not have any educational or professional background to support
the government’s description. In October 2013, a pro-government man filed
a complaint with the Magistrate’s Court in Dhaka. An arrest warrant was
issued against Waheduzzaman, who later surrendered before the Court
following anticipatory bail from a High Court Bench. The Magistrate’s Court
ordered that Waheduzzaman be detained in prison. He was detained for more
than six weeks, i.e. until he could secure another bail from a High Court
Bench.
58 Mr. Sohel Raj Mollah, also known as Sohel Rana, updated his facebook
status as, “The Premier cannot digest Ilias Ali; and people will attack her
for abducting the BNP leader. Vomit Ilias Ali.” As a result, he was detained
in prison. The New Age, 4 June 2012, “Molla to face sedition charge over
facebook post”, available at: [Link]
06-04&nid=12619#.U3tCInbzcQo. Last accessed, 20 May 2014.
59 Mr. Hafizur Rahman, lecturer in the Mechanical Engineering Department
of Bangladesh University of Engineering and Technology (BUET), updated
his facebook status by typing, “Hey Hyena, you have destroyed the country,
now you are trying to destroy our BUET… We the general students are the
hunters. We will shoot in your head…and hang your head at the gate of
BUET to avoid further aggression of hyenas.” A pro-ruling party man filed a
General Dairy Entry with the Shahbagh police in Dhaka. Hafizur was charged
under Section 57 of the Information and Communication Technology Act,
2006, and Section 506 of the Penal Code, 1860. A Sessions Court of Dhaka
convicted him with 7 years imprisonment. The media published reports on
his conviction. See The Daily Star, 27 June 2013. Report last accessed on
20 May 2014 at: [Link]
gets-7yrs/.
60 Mr. Muhammd Ruhul Amin Khandaker, a teacher of the Institute of
Information Technology of Jahangirnagar University, wrote a facebook
post while studying in Australia. He wrote, “The death of the five including
Tareque and Mishuk Munier is a result of issuing driving licences without
test. Everyone dies, why not Hasina?” This post was published after the
death of five persons in a road traffic accident in 2011; the deceased included
a celebrity filmmaker and a journalist. A High Court Bench issued ‘suo motu’
Rule against Khandaker, asking him to appear before the Bench. Being in
Australia for study leave, Khandaker did not appear before the Court, which
imprisoned him for ‘disregarding the Court’s order’.
61 Section 97A of Telecommunications Regulatory Act, 2001 (Amended in 2006
& 2010)

24 article 2  June - September 2014 Vol.13, No. 2 & 3

allows authorities to use such taped information in Courts62.

There is restriction on the freedom of movement of member of

the primary opposition parties, and other perceived opponents of
the government. There are official and unofficial bans on persons
and organizations. Members of the opposition have particularly
been persecuted in attempts to render them incapable of effectively
“ The main
opposition political
parties are perceived
contesting elections against the government. A one party concept opponents of the

”
prevails. There are severe restrictions on NGOs that document and government.
expose the misdeeds of the government; they are often portrayed
as traitors through the pro-government media. The government
blocks the fund disbursement of such organizations. The Anti-
Corruption Commission and the NGO Affairs Bureau are used
to harass NGOs63. Freedom of association for the civil society
organizations, including NGOs, schoolteachers, and members of
the opposition are denied; rallies face crackdowns by the police
and security forces64.

What is more, the peoples’ right to elect a government has

been severely restricted with the passing of a constitutional
amendment. A fake election has been subsequently staged in
order to renew dictatorial power65. There have been no measures
taken to prevent absolute power66.

Those who occupy high profile portfolios in government,

and public officials in general, do not exercise official powers
reasonably, in good faith, in a normal situation, due to the lack
of checks and balances. Abuse of power reigns supreme. In an
abnormal condition, having created a government through a fake
election, no Bangladeshi expects that ministers or public officers
will perform honestly for the purpose of which the powers have
been conferred. The people also do not believe that the ministers
and public officers are exercising their powers reasonably and in
good faith due to extreme form of politicization. Often, ministers

62 Section 97B of Telecommunications Regulatory Act, 2001 (Amended in 2006

& 2010): accessible here: [Link]
php?act_name=&vol=%E0%A7%A9%E0%A7%A9&id=857
63 The NGO Affairs Bureau, a department under the Office of the Prime
Minister of Bangladesh, cancelled Odhikar’s projects on torture and blocked
the disbursement of project funds granted by a Danish organization and
the European Union. The NGO Affairs Bureau and the Anti-Corruption
Commission have been harassing Odhikar in the name of investigating
financial embezzlement, secretly filing a case of money laundering against
Odhikar.
64 On International Women’s Day, 8 March 2014, the government did not allow
women rights organizations to hold a street rally in Dhaka. Schoolteachers
were brutally beaten by the police, who used pepper spray and water
cannons. One schoolteacher, amongst numerous injured, died. The New
Age published a related report on 17 May 2012, accessible at: [Link]
[Link]/[Link]?date=2012-05-17&nid=10569#.U3wrynbzcQo.
65 Asian Human Rights Commission’s Statement: “ BANGLADESH: Fake election
will cause further bloodshed”, accessible at: [Link]
news/ahrc-news/AHRC-STM-004-2014.
66 Asian Human Rights Commission’s Statement: “BANGLADESH: Authoritarian
obstinacy wins, democracy loses”, available at: [Link]
asia/news/ahrc-news/AHRC-STM-008-2014

article 2  June - September 2014 Vol.13, No. 2 & 3 25

 and public officers exceed limits of their power, by, and for, taking
political advantage.

The irony is that a State system in such a mess is expected

“ Abuse of power

”
reigns supreme.
to comply with international obligations. There is nothing wrong
in being hopeful and expecting good. What is wrong is that such
expectations exist without a basis in the realities of the people’s
everyday life, and the reality that not even the vestige of rule of
law exists in Bangladesh. What exists, thinly disguised under the
façade, is an extremely repressive system, devoid of any potential
of redress for the average citizen. A state that by default denies
the basic human dignity of its citizens cannot be generous enough
to comply with international obligations67.

67 The Bangladesh Government has not submitted its national reports to the
Special Procedures and Committees of the UN Human Rights Council or
the formerly Commission of Human Rights. They only took opportunity to
lie before the international community while the Universal Periodic Review
process was ritualized at the UN in 2009 and 2013.

26 article 2  June - September 2014 Vol.13, No. 2 & 3

 Vested Interest: The ‘Human
Rights’ practices of political parties

Saira Rahman Khan1

Introduction

There is no denying that Bangladeshi politics is rife with

conflict, violent confrontations, and vitriolic verbal battles. This
has become only too evident in the last five years, with the media
relaying not only to the people of Bangladesh, but to the whole
world, pictures and events showing a political culture gone
mutant2.

There is no doubt that the brunt of all this violence is borne

by the long suffering people of Bangladesh, who have never ever
been totally satisfied with the leadership they vote for and who
have never had a say in the laws and policies created for ‘the
country’s benefit’.

Freedom of speech has been gagged; newspapers and television

channels have been shut down; human rights defenders have been
hounded and persecuted; and law enforcement has continued
to act in ever-increasing levels of impunity. Non government
organisations, and print and electronic media that are still up
and running, are either loyal to the government or have,for their
own survival, becomevery ‘selective’ in their activities.

1 The writer teaches Law at a private university in Bangladesh.

2 See [Link] for a small example of
this.

article 2  June - September 2014 Vol.13, No. 2 & 3 27

 In this paper, I will attempt to show how political parties in
Bangladesh havesystematically gnawed away the barriers that
protect the human rights ofthe people of Bangladesh, eroding
the very notion of the rule of law and judicial independence,and

“ The Constitution
did not reflect the
will of the people
gagging freedom of speech.

Background
who fought for

”
liberation. In order to proceed, we need to go back in time, back to 1970,
for a brief history lesson.

In December 1970, national and provincial elections were

held in Pakistanunder Yahya Khan. In East Pakistan, the Awami
League won a majority of the seats, a result that greatly displeased
Yahya Khan. TheNational Assembly was set to be convened on
3 March 1971; but, shortly before that, Yahya Khan postponed
the session indefinitely.

The Awami League reacted strongly to this decision. To counter

this reaction, beginning 25 March 1971 the Pakistan Army
unleashed terror in East Pakistan.

On 10 April, theProclamation of Independence was penned at

Mujibnagar, containing the phrase:

‘Whereas the people of Bangladesh by the heroism,

bravery and revolutionary fervor have established effective
control over the territories of Bangladesh, we the elected
representatives of the people of Bangladesh, as honour bound
by the mandate given to us by the people of Bangladesh
whose will is supreme, duly constituted ourselves into a
Constituent Assembly and, having held mutual consultation
and in order to ensure for the people of Bangladesh equality,
human dignity and social justice, declare and constitute
Bangladesh to be sovereign Peoples’ Republic’.3

Thus, the basis on which the independence of Bangladesh

was proclaimed was, in part, to provide the people of Bangladesh
with basic human rights of equality, human dignity, and social
justice – which they failed to receive as citizens of East Pakistan.

Bangladesh was liberated on 16 December 1971. The

Constituent Assembly that was to be formed with the people’s
involvement was actually declared through theConstituent
Assembly Order 1972 on March 22, 1972. It consisted of elected
representatives, elected in the National Assembly and the
Provincial elections held in erstwhile Pakistan, in December 1970
and January 1971, respectively.

3 The Proclamation of Independence, 10 April 1971 ([Link]/

HT/P_0309.htm).

28 article 2  June - September 2014 Vol.13, No. 2 & 3

 Thus, the Constituent Assembly was not a newly elected body;
the citizens of a new country called Bangladesh did not elect
it. This Assembly rapidly drafted the country’s Constitution,
which was ready by November 1972. There was no involvement
of the people in this exercise either and the Constitution did not
reflect the will of the people who fought for liberation. This was
the first blow to the principles of equality, human dignity, and
“ Governments
silence the voice
of opposition, and
social justice mentioned in the Proclamation of Independence. It has ushered in
sparked protests. innumerable cases of
Those who protested against this fact and fought to establish
the rights of the people were brutally repressed, tortured, and
even disappeared. This occurred between 1972 and 1975, a period
”
illegal detention.

when the Constitution was undergoing stringent Amendments.

The second Amendment to the Constitution was introduced in

September 1973, soon after the first Amendment in July 1973.
It allowed for the declaration of a state of emergency, which also
empowered the President to suspend all fundamental rights in
such a state.

Shortly thereafter, a State of Emergency was declared in

December 1974 on the advice of the Prime Minister, Sheikh
Mujibur Rahman, and fundamental rights were suspended.
During this period, in order to further quell opposition, the Special
Powers Act of 1974 was promulgated. This is the first of the
repressive laws passed in independent Bangladesh. It allowsmany
crimes, from adulteration of food to smuggling, to be punished
with the death sentence.

It has been used by successive governments to silence the

voice of opposition, and has ushered in innumerable cases of
illegal detention. Political parties, in election speeches, promise
to repeal the Special Powers Act, 1974; but they have all used it,
for their own gains.

In February 1972, a ‘national militia force’, the Jatiya Rakhkhi

Bahini was formed, to quell and control all [Link] force
has beenaccused of disappearances, deaths in ‘crossfire’, torture,
and other cruel and degrading treatment. According to Anthony
Mascarenhas, the Rakhkhi Bahini was ‘an elite paramilitary force
whose members had to take oaths of loyalty to Sheikh Mujibur.
Despite its high-sounding name, it was a sort of private army
of bullies not far removed from the Nazi Brown Shirts’.4 The
Bahiniwas later absorbed into the Bangladesh Army through
the Jatiya Rakhkhi Bahini Absorption Act, 1975. And, its legacy
continues.

In 2004, the government of Khaleda Zia created a similar

force, called the Rapid Action Battalion, to assist the police force

4 Mascarenhas, Anthony. ‘Legacy of Blood’. Hodder and Stoughton (1986), page

37.

article 2  June - September 2014 Vol.13, No. 2 & 3 29

 in combating crime. RAB, as it is commonly called, is made up
of members of the police and the Joint Forces; and has become
notorious for its acts of torture, corruption, and other crimes5.

“ Constitutional
changes and
amendments
Possibly the cruelest blow, during that period in time, to the
provisions of ‘human dignity and social justice’ was the Fourth
Amendment to the Constitution,introduced, in January 1975,
have usually been by a government facing strong protests and demonstrations by
made to favour radical left parties and by chaos in the wake of ahorrific famine.
Under this Amendment, several repressive changes were made:
the government or the presidential form of government was introduced in place of
regime in power.
” the parliamentary system; a multi-party system was replaced by
a single party – the Bangladesh Krishok Sromik Awami League
(BAKSAL); the powers of the National Assembly were curtailed; and
the Judiciary lost much of its independence, as the amendment
allowed the Executive to control the lower judiciary6.

The Fourth Amendment also ‘forced elected members of the

first parliament to join the only national party within a time
specified by the President, to save their memberships. One could
not even contest in the presidential or parliamentary elections if
he or she was not nominated by the national party… the Fourth
Amendment also issued an order to dissolve all political parties in
the country and take necessary steps to form the national party.’7
Furthermore, another blow was dealt to freedom of speech, when
all newspapers, save four, were banned.

In 1975, there were coups and counter coups. In the first coup,
on 15th August 1975, the President Sheikh Mujibur Rahmanand
most of his family were assassinated. After the assassination of
Sheikh Mujibur Rahman, Khandakar Mushtaq Ahmed, a former
minister, placed Bangladesh under martial law8. The Constitution

5 For case studies and data on human rights violation perpetrated by RAB, visit
[Link].
6 The Fourth Amendment amended ConstitutionArticles 11, 66, 67, 72, 74, 76,
80, 88, 95, 98, 109, 116, 117, 119, 122, 123, 141A, 147 and 148. It substituted
Articles 44, 70, 102, 115, and 124 of the Constitution; it amended part III
of the Constitution; it altered the Third and Fourth Schedule; it extended
the term of the first Jatiya Sangsad. The Fourth Amendment created special
provisions relating to the office of the president and its incumbent; it inserted
a new part, i.e. part VIA in theConstitution. And, it inserted articles 73A and
116A in the Constitution.
7 Liton. Shakhawat, Of Chaos, Confusion and our Constitution. Forum, Vol.3,
Issue 11, November 2010. Published by The Daily Star.
8 The Indemnity Ordinance, 1975, was promulgated by Khondkar Mostaq
Ahmed, to provide immunity from legal action to the persons involved in the
assassination of President Sheikh Mujibur Rahman. Later, it was ratified and
enacted by the Bangladesh Parliament, constituted in 1979, under the leader-
ship of Ziaur Rahman; and, it became an Act. Through the 5th Amendment to
the Constitution, brought about on 9 July 1979, the Indeminity Act became
enshrined in the Constitution of Bangladesh. After the Awami League formed
a government, with Sheikh Hasina Wazed, the daughter of Sheikh Mujibur,
as Prime Minister of Bangladesh, the Parliament scrapped the Indemnity Act
on 12 November 1996. This paved the way for the trial of the killers Sheikh
Mujib. However in February, 2010 the 5th Amendment to the Constitution
was declared illegal by the High Court of Bangladesh.

30 article 2  June - September 2014 Vol.13, No. 2 & 3

remained in force, but was made subject to martial law regulations
and proclamations.

It must be noted here that constitutional changes and

amendments have usually been made to favour the government or
regime in power.‘Changes made to the Constitution in around four
years after the 15 August 1975 changeover altered the fundamental
“ This handing over
of the responsibility
of an entire country,
principles of state policy, destroyed the secular character of the based on martial
Constitution and allowed politics based on religion and replaced
Bangalee nationalism with Bangladeshi nationalism. Article 8 of
law regulations,
the original Constitution, which speaks of the four fundamental deprived the people
principles of state policy – nationalism, socialism, democracy and of Bangladesh the
secularism – was amended with the omission of secularism and right to elect the

”
insertion of the words “absolute trust and faith in Almighty Allah”. leader.
The amendments omitted Article 12 which contained secularism
and freedom of religion.’ 9 The Constitutional bar on war criminals
convicted under the Bangladesh Collaborators (Special Tribunal)
Order 1972, from contesting in elections and becoming voters
was also lifted.

On 29 November 1976, Major General Ziaur Rahman, a

decorated freedom fighter and confidante of Sheikh Mujibur
Rahman, was handed the responsibilities of Chief Martial Law
Administrator. And, on 7 April 1977, he became President of
Bangladesh. This handing over of the responsibility of an entire
country, based on martial law regulations, and in total disregard
to constitutional provisions – deprived the people of Bangladesh
the right to elect the leader of their choice, a right that they had
yet to exercise.

Finally, in 1979, general elections were held in Bangladesh,

and the Bangladesh Nationalist Party (BNP), founded by Ziaur
Rahman, entered the second Parliament with over a two-third
majority. This government passed the Fifth Amendment to the
Constitution – which ratified all actions made and decisions taken
under Martial Law Proclamations and Orders up to April 1979.

Subsequently, on 30 May 1981, Ziaur Rahman was assassinated

in another coup. In 1982, a military dictatorship began its rule
of Bangladesh, led by General Hussain Mohammad Ershad. As
Chief Martial Law Administrator, he vested all executive powers in
himself, and assumed the office of President in December 1983;
ousting the President he had himself selected in March 1982.
Ershad suspended the Constitution and dissolved Parliament
prior to crowning himself. In was not until December 1990 that
his reign of terror and repression was brought down by a people’s
movement.

In 1991, under an interim government, elections were held. The

BNP formed a majority in Parliament, led by Begum Khaleda Zia,
Ziaur Rahman’s widow. In 1996, on the demand of Opposition
parties, namely the Awami League,the Jatiya Party and the

9 Supra note 6.

article 2  June - September 2014 Vol.13, No. 2 & 3 31

 Jamaat-e-Islami, the Constitution was amended for the 13th time
to introduce a caretaker government system.

This caretaker government, manned by Advisers and headed

“ Bangladeshi
citizens have been
overshadowed by
by a Chief Adviser, was set up toorganise the forthcoming national
elections within a 90 day period. The concept behind the caretaker
government was that that it would be able to ensure free, fair,
the immediate needs and neutral elections.
of political parties
There have been several elections since, under the caretaker
and vested interest government system. The Awami League won the next round of
groups.
” elections; and the people were led to believe that democracy had
been established because martial law and dictatorships had
ended, and their right to vote had been affirmed.

As is evident from this history, the rights of Bangladeshi

citizens have been overshadowed by the immediate needs of
political parties and vested interest groups that have constantly
moulded the Constitution like a piece of putty. The Bangladesh
Constitution contains a powerful chapter on fundamental rights –
patterned on the Universal Declaration of Human Rights. But, this
has been all but forgotten. The rights of the people of Bangladesh
have been limited to voting every five years and suffering especially
violent confrontational politics at the end of each tenure. The
people of Bangladesh have learnt the bitter way that if human
rights are not the constitutive foundation of the state, electing a
government ends up being an exercise in suffering the brutalities
and atrocities of the regime.

Present times, present issues

The BNP regime that ruled from 2001 to 2006 was notorious
for ‘Operation Clean Heart’ and for giving birth to the Rapid Action
Battalion (RAB) in 2004by amending the Armed Police Battalion
Ordinance, 1979. Operation Clean Heart commenced on 17
October 2002, as a drive to combat escalating crimes such as
murder, crimes against women, such as rape and acid violence,
and to combat deteriorating law and order. It became notorious;
the press began calling it ‘operation heart attack’, ascitizens in
custody were constantly dying of – what the law enforcement
claimed were – heart attacks10. A statement by the Amnesty

10 ‘Soon after the BNP-Jamaat coalition government took office, the military
ran ‘Operation Clean Heart’ from Oct 16, 2002 to Jan 9, 2003 to ‘restore’ law
and order. Many people died during the operation slated by rights groups
but the authorities claimed the deaths were due to ‘heart attacks’. Then the
BNP-led coalition government claimed the operation was conducted to check
terrorism, while chief opposition Awami League alleged it was to annihilate
the opposition leaders and supporters. According to New York-based Human
Rights Watch, 60 people were killed during the operation. Then government
admitted that 12 of the detained people died of ‘heart attack’. On Feb 24,
2003, the BNP-Jamaat government passed a law, providing indemnity to the
military officials who took part in the special operation’. Operation Clean Heart
Indemnity Questioned. [Link]
operation-clean-heart-indemnity-questioned

32 article 2  June - September 2014 Vol.13, No. 2 & 3

 Rapid Action Battalion
International highlights the extent of the violations: ‘Over 2000
people have been arrested and at least five people have died in
custody since the government called in the army to ‘assist’ in
‘Operation Clean Heart’. More than a dozen detainees have been
sent to hospital with severe injuries reportedly caused by beatings
while in army custody. They include both members of the ruling
Bangladesh Nationalist Party and the opposition Awami League’11.

After Operation Clean Heart, the government justified the

creation of the Rapid Action Battalion by again pointing out the
increasing number of crimes and ‘acts of terrorism’ occurring in
“ Since its creation,
the RAB has
gained notoriety
Bangladesh that the police were, apparently, not able to combat
alone. According to the laws governing RAB, the Armed Police for corruption
Battalion (Amendment) Act, 2003, its functions include: internal and extortion and
security duties; intelligence in respect of crime and criminal for committing
activities; recovery of unauthorised arms, ammunition, explosives human rights
and such other articles as the government may, from time to violations such as
time, direct; investigation of any offence on the direction of the
extrajudicial killings,
government; apprehension of armed gangs of criminals; and
assistance to other law enforcing agencies, including the police, disappearances, and
for maintaining law and order. killings in so-called

However, since its creation, the RAB has gained notoriety

for corruption and extortion and for committing human rights
”
crossfire.

11 Amnesty International. Bangladesh: Accountability needed in Operation

Clean Heart. 24 October 2002. [Link]
bangladesh-accountability-needed-operation-clean-heart

article 2  June - September 2014 Vol.13, No. 2 & 3 33

 violations such as extrajudicial killings, disappearances, and
killings in so-called crossfire. Like the Jatiya Rakhkhi Bahini
that preceded it, the RAB has been used to combat opposition
and dissent.

“ By drastically
amending the
Constitution;
In the early 1970’s, the Committee on Civil Liberties and
Legal Aid was formed to counter the excesses and human rights
unprecedented violations perpetrated by the Jatiya Rakhkhi Bahini, and to
record of political end the impunity enjoyed by them. Unfortunately, through the
creation of RAB, another wave of violations has been introduced.
repression, As Mr. C.A. Abrar has noted:
extrajudicial killings,
and enforced ‘The first Awami League government created this bahini. Since
disappearances then Bangladesh’s human rights landscape has continued to

”
occurs. be stained by the practice of torture and liquidation of political
opponents through extrajudicial killings and disappearances
under successive governments — civil, military and quasi-military.
Impunity has thus become well-entrenched and is reflected in
the total disregard of the rule of law. It is also manifested in the
framing of repressive laws such as the Joint Drive Indemnity Act
that provided impunity for human rights violations committed in
the course of Operation Clean Heart instituted by the Bangladesh
Nationalist Party government. The issue of making the law
enforcement agencies accountable has figured high on the agenda
of the rights activists for more than four decades.’12

Due to political violence between the Awami League and the

Bangladesh Nationalist Party over the selection of a caretaker
government and its Chief Adviser; at the end of the 2001–2006
tenure of the BNP-led regime, Bangladesh found itself in a State
of Emergency. This Emergency was declared by a military-backed
regime, and lasted from 11 January 2007 to 16 December 2008.

The transition to an elected government in January

2009,through the 29 December2008 elections, was positive;it
signaled the end of the State of Emergency. The least the people
expected from the elected government was a strengthening of the
regained liberal sphere of politics from the clutches of a military
backed system. However, the Awami League-led elected regime
that came to power through the 29 December 2008 elections,
was no different from its predecessors. It amputated people’s
rights by enacting repressive laws, such as the Anti Terrorism Act
2009 and by drastically amending the Constitution; and set an
unprecedented record of political repression, extrajudicial killings,
and enforced disappearances. It did not do away with the Rapid
Action Battalion, using the rabid agency to its advantage as well.
Freedom of expression and the right to assemble peacefully were
– and still are – denied, creatingconditions for violent protest that

12 Abrar CA. Towards Curbing Impunity. The daily New Age. Wednesday
November 6 2013. See [Link]
11-06&nid=71903#.U1UHnHYxgic

34 article 2  June - September 2014 Vol.13, No. 2 & 3

were silenced by the use of brute force. Partisan violence between
and within major political parties has not ceased13.

In order to continue its regime beyond its five-year tenure,

this government, like its predecessors, with no referendum14, or
public opinion, passed the 15th Amendment to the Constitution,
possibly the most controversial and frustrating amendment yet.
“ The Daily New
Age reported that in
most of the polling
The Amendment reinstatedthe four fundamental principles of centres, the turnout
state policy (nationalism, socialism, democracy, and secularism) was in the range of
and recognizedthe need for protection of environment, biodiversity
and cultural identity of ethnic minorities. However, its negatives
far outweigh its positives in terms of human rights.
10-12 percent.
”
The 15th Amendmenthas retained a number of provisions of
the martial law regimes with regard to tenure, mode of removal,
and post-retirement opportunities of judges of the superior court.
It has repealed the provisions for a caretaker government, thus
barring all possibilities for ensuring free, fair, and transparent
elections – the only actual manifestation of ‘participatory
democracy’ practiced in Bangladesh. The introduction of a new
Article, 7A, has declared abrogation, repeal, or suspension of
the Constitution by any unconstitutional means an offence of
sedition. This may be good for protecting the Constitution and
preventing undemocratic transitions of power, but, according
to Law professor and journalist, Dr. Asif Nazrul, it ‘also makes
illegal the power and authority of future Parliaments in amending
nearly one third of the Articles of the Constitution by providing that
the preamble, fundamental principles, fundamental rights and the
provisions relating to the basic structures of the Constitution shall
not be amendable by way of insertion, modification, substitution,
repeal or by any other means’.15 A contradiction in relation to
‘secularism’ and religion has also been introduced as a result. The
amendment has replaced ‘Absolute Trust and Faith in Almighty
Allah’ with ‘Secularism’ and revived Article 12 of the 1972
Constitution, which prohibits ‘granting by the State of political
status in favour of any religion’. However, Article 2A provides a
special status to Islam by declaring it as a State religion.

On 5th January, violent and controversial elections, riddled

with accusations of rigging, were held in the wake of the 15th
Amendment to the Constitution, in the absence of a caretaker
government and with the main opposition and its alliance staging

13 See [Link] annual reports from 2009 to 2013 for information and
statistics. Also visit the website of Amnesty International and Human Rights
Watch for information on human rights violations in Bangladesh during this
period.
14 Incidentally, the 15th Amendment denies the rights of the citizen’s
to constitution-making by deleting the provisions of referendum on
constitutional amendment.
15 Nazrul, Asif. 15th Amendment Transition of Power. The Daily Star, March 17,
2013. At [Link]

article 2  June - September 2014 Vol.13, No. 2 & 3 35

 a boycott16. The Awami League was declared a winner in several
constituencies where there was no [Link] a result of this
boycott, 153 candidates from the ruling Awami League and its
alliance were elected uncontested out of the 300 parliamentary

“Political parties
are known to
shield those who
seats/constituencies, even before the elections were held –
unprecedented in a democratic electoral system17. In this fashion,
citizens were denied their right to vote.
perpetrated gross

”
offences. ‘According to the Election Commission, the voter turnout was
40.56 percent. However,various media and election observers
reported much lower turnout. The Fair Elections Monitoring
Alliance (FEMA) reported the voter turnout as 10 percent until 2
p.m. on Election Day, and after the polling ended, it stated that
the voter turnout was 14 percent. The daily New Age reported that
in most of the polling centres, the turnout was in the range of
10-12 percent, while the Daily Star reported a generous estimate
of a 20 percent turnout.’18

Even after the January elections, there were incidents of gross

violations of human rights perpetrated by both the supporters of
the newly elected Government and that of the opposition. Such
violations included deaths, acts of vandalism, repression against
religious minority groups, and arson, perpetrated in retaliation
for voters either going to the polling booths or for refraining from
voting.19

Rule of Law

For the UN, the Secretary-General defines the rule of law

as “a principle of governance in which all persons, institutions
and entities, public and private, including the State itself, are
accountable to laws that are publicly promulgated, equally enforced
and independently adjudicated, and which are consistent with

16 The opposition, led by the Bangladesh Nationalist Party demanded the

reinstatement of the caretaker government and refused to contest the polls
without a caretaker government.
17 Odhikar monthly report, January 2014.
18 [Link]
of-human-rights-in-bd-in-january-2014/. According to the National
Democratic Institute (NDI) ‘With the credibility of the elections in question,
the United States declared on Dec. 22 that it would not deploy observers for
the elections. International observer missions from the European Union, the
International Republican Institute and the Commonwealth similarly cancelled
their international monitoring activities. Rising tensions between the ruling AL
government and the BNP-led opposition, and the resulting deterioration in the
security situation, also proved to be a complicating factor for Bangladeshi citizen
election monitoring organizations. Due to the constricted political space, many
of these groups were hesitant to comment openly on the electoral environment,
fearing reprisals. Voter turnout on election day was low by Bangladeshi
standards, and many of Bangladesh’s citizens have lost confidence in the
ability of country’s political process to deliver credible, participatory and
democratic elections’ See [Link]
19 See Odhikar’s statement at [Link]/statement-of-odhikar-10th-
parliamentary-elections-unilateral..and [Link]/2014/02/02/
odhikar-reports-gross-violation-of-human-rights-in-bd-in-january-2014/

36 article 2  June - September 2014 Vol.13, No. 2 & 3

international human rights norms and standards. It requires, as
well, measures to ensure adherence to the principles of supremacy
of law, equality before the law, accountability to the law, fairness
in the application of the law, separation of powers, participation
in decision-making, legal certainty, avoidance of arbitrariness and
procedural and legal transparency.”20 “ Much of the
violence takes place
in the campuses of
Does Bangladesh maintain the rule of law? Are all ‘persons’, public universities
‘entities’ and the ‘State’ accountable to laws? Are the laws and some colleges,
equally enforced and independently adjudicated? On paper,
yes. In practice, justice and rule of law are items reserved for
and on the streets in
mainly the rich and influential, having the power and/or wealth
to manipulate the justice system. For the poor, just going to the
police station to file a First Information Report is a fearful thought.
”
times of uprisings.

The law enforcement is feared and is not seen in positive light.

Their reputation for torture, corruption, and intimidation precedes
them. Perhaps not all police fall into the ‘bad-cop’ category; but
increasing reports of torture, ill-treatment, rape and extrajudicial
deaths perpetrated by police and the fact that they are silent
bystanders when opposing political activists clash, is not good for
gaining the trust of the community. Lack of trust in the police has
also given space to the practice of public lynching, where people
take the law into their own hands.

Political parties are known to shield their activists who have

perpetrated gross offences. A large number of the perpetrators
belong to the youth and student wings of political parties.
According to journalist Zahir Hassan Nabil,

‘Student politics, under the two major political parties, has

gradually become synonymous with thuggery in the last 20 years.
Most of the criminal activities on the campus, proven and alleged,
have been invariably attributed to the Bangladesh Chhatra
League (BCL) and Jatiyatabadi Chhatra Dal (JCD) with Jamaat-
Shibir activists covering the rest. Killing; mutilation; rape; wielding
weaponry; vandalism and mugging; establishing armed supremacy
at public universities; invasion of dormitories; inter and intraparty
feuds over tenders; government contracts and other means of
making money - extortion, illegal trades including drugs; making
a fortune and ending up in a lavish future – have all become parts
of the development’21.

When the political party in power looks the other way as its
activists perpetrate crimes, when the government machineryis told
to ignore or not interfere, the issue becomes not only a criminal
one, but also a human rights violation. Much of the violence takes
place on the campuses of public universities and some colleges,

20 Report of the Secretary-General: The rule of law and transitional justice in

conflict and post-conflict societies23 August 2004.
21 Nabil, Zahir Hassan. Boys with Guns. The Star. Vol 12, Issue 5, February 01,
2013. See [Link]
htm

article 2  June - September 2014 Vol.13, No. 2 & 3 37

 and on the streets in times of uprisings and political protests.
The general student body and population are often caught in the
midst of the conflict.

“ The Supreme
Court does not have
full control over the
There have been reports involving acts of violence against
women, where the rape victims have not been able to seek justice,
with theirattackersbeing sheltered by local political bigwigs. This
posting, transfer, and happens particularly when the perpetrator is a party activist.
promotion of lower The victim familiesare either too scared or threatened into taking
no action. A glaring example of this occurred in 1998 when a

”
court judges. series of rapes and incidents of sexual harassment took place
at Jahangirnagar University, in Savar, just outside Dhaka. The
perpetrators were a group of students with political backing. The
administration showed reluctance in taking action against the
known rapists. On August 17, the Daily Manabzamin reported that
student activists of the Bangladesh Chhatra League22 had raped
three female students of the University. Students of Jahangirnagar
University demonstrated against rape and sexual harassment. A
fact-finding committee later reported that a total of 20 JU students
were raped in different locations on campus and members of this
group sexually assaulted as many as 300. The Jahangirnagar
University General Students Unity waged a continuous struggle
against the rapists for months, while the then Vice Chancellor of
the University claimed he could do nothing, as “under the law of
the land, the victim has to lodge a complaint herself.”23

In April 2013, an eight-story building called ‘Rana Plaza’

collapsed, killing over one thousand people – most of whom were
workers in the garment manufacturing factories housed there.
Hundreds were retrieved alive from the rubble, maimed for life. It
was later found that the building was constructed in disregard to
planning laws. The owner, Sohel Rana, was known to be an active
member of the ruling political party and was helped out of the
collapsed building, unhurt, by the local (Awami League) Member
of Parliament, who also helped him flee. He was later arrested
while trying to cross the Benapole Border into India24. Even after
one year, workers and victim families are yet to be properly or
adequately compensated25 .

The Bangladesh police is one of the most corrupt institutions in

Bangladesh.26 Investigations and punishment against misconduct
by a member of the police force are often biased. There is alsoa
prevailing culture of impunity in the police and law enforcement
agencies in Bangladesh. It is common knowledge that police will
not accept information reports of offences where the perpetrator is

22 The student wing of the Awami League

23 See [Link]/magazine/2008/08/01/[Link]
24 See [Link]
25 Sohel Rana is currently being tried for several crimes committed as a result
of the collapse of his building.
26 [Link]
and_law_enforcement_Bangaldesh.pdf

38 article 2  June - September 2014 Vol.13, No. 2 & 3

a supporter of the ruling political party, i.e. unless the officer has
been told to do so ‘from higher up’. All governments in Bangladesh
have used the police force to maintain control of the political
[Link] are used as a political tool, compelled to carry out
illegal commands, harassing members of the opposition, political
activists, journalists, and human rights defenders. “ Successive
governments/
political parties in
And what about the Judiciary? The Constitution of Bangladesh power have, since
says, “The state shall ensure the separation of the Judiciary from the independence
the Executive organ of the state.”27 The Supreme Court, in a
judgment delivered on 2 December 1999, detailed 12 directives on
of Bangladesh,
the Government on how the lower judiciary should be separated manipulated the law
from the executive, from day-to-day working to financial matters, enforcement and
and ordered placing the lower judiciary under the supervision of
the Supreme Court. The governments of the Awami League and
the Bangladesh Nationalist Party-led alliances dragged their feet
judicial mechanisms.
”
on implementation, repeatedly seeking extensions on deadlines.
Finally, the military-backed caretaker government implemented
the directives on 1 November 2007, amending the Code of Criminal
Procedure and four sets of Rules on the service and salaries and
financial benefits of the lower court judges.

Unfortunately, the Supreme Court does not have full control

over the posting, transfer, and promotion of lower court judges
and the Judiciary does not have a separate secretariat, although
the Judiciary was supposed to have been legally separated from
the executive branch of the state. The Law Ministry still carries
out the posting, transfer, and promotion of judges in subordinate
courts, albeit in consultation with the Supreme Court. Moreover,
the Prime Minister’s Office has not yet responded to a letter issued
by the Supreme Court in November 2012 for the inauguration
of a separate secretariat for the judiciary. Yet, the Law Minister

apparently sought to blame it on the higher judiciary, saying ‘the

initiative is supposed to be taken by the Supreme Court.’28

Moreover, the lack of resources, the low salaries of judges and

the poor working conditions are weakening the administration
of justice in Bangladesh and remain the main reasons for
corruption in the lower Judiciary. Transparency International, in
its 2012 report, stated that these conditions “contribute towards
eroding the moral and ethical standards of members of the
Judiciary and create incentives for corruption.”29 In Transparency
International’s Global Corruption Barometer 2012, released on
July 9, 2013, the Bangladesh judiciary was found to beone of the
most corrupt sectors in public administration.30 The practice of

27 Article 22, the Constitution of the People’s Republic of Bangladesh

28 The daily New Age, 01/11/2013, [Link]
php?date=2013-11-01&nid=71305#.Ut4QKvtxXIU
29 See [Link]
Judiciary_and_law_enforcement_Bangaldesh.pdf
30 The daily New Age, 10/07/2013, [Link]
php?date=2013-07-10&nid=56453#.Ut4WS_txXIU

article 2  June - September 2014 Vol.13, No. 2 & 3 39

 handing out bribes is widespread, and along with links with the
Executive, stand for the main obstacles for free and independent
administration of justice by the lower judiciary. In this context,
citizens of Bangladesh are losing faith in the judicial system.

“ Successive regimes
in Bangladesh, over
the last 43 years,
The higher judiciary is also suffering from indirect government
supervision, in particular through the biased appointment of judges
have only thought and state attorneys. While the politicisation of these appointments
of their own survival has been pointed out for several years, no government has
enacted a law detailing the procedure, qualifications, and way of
and their own ‘right appointment of judges of the higher judiciary.
to rule’
” In the matter of Raghib Rauf Chowdhury vs. Bangladesh
and Others (Writ Petition 4403 of 2010), the Honourable Justice
Md. Imman Ali issued a Rule Nisi, calling upon the government
(respondents) as to ‘why guidelines should not be framed in respect
of the process of the selection of persons for being appointed as
Judges of the Supreme Court of Bangladesh and to publish the
same in Bangladesh Gazette Extraordinary in order to bring
transparency and competitiveness in such a process under the
Constitutionby causing a wider pool of applicants to be considered
through public notifications inviting application as mandated by
the settled principles of Separation and Independence of Judiciary
being the basis [sic] structure of the Constitution...’ 31

Successive governments/political parties in power have,

since the independence of Bangladesh, manipulated the law
enforcement and judicial mechanisms to serve their own purpose.
They have created bad laws to control opposition and silence
dissenters. The trend continues, and the general population has
very little effective recourse to justice mechanisms. One must not
forget that a very large percentage of the population in Bangladesh
live in rural areas, where justice delivery, law and order, and
development initiatives by the government are mostly still dreams.

How this affects human rights

In the opinion of human rights activists of the organisation,

Odhikar:

‘The political culture of the mainstream political parties is

relentlessly violent. Civil society could play a better role, but it
lacks unity due to partisan sentiments. Surprisingly there was
ambivalence with regard to human rights. To some, human rights
are privileges only for those who are acceptable to them ideologically
and politically. To them, protecting victims is also conditional to
ideological acceptance and not free from personal bias. Failure
of the human rights organisations to speak unitedly [sic] has
further jeopardised the fate of victims. Unity could at least stall

31 Raghib Rauf Chowdhury vs. Bangladesh and Others (Writ Petition 4403 of
2010)

40 article 2  June - September 2014 Vol.13, No. 2 & 3

the appalling increase of vulnerability of victims by translating the
human rights’ needs into a social network of protection’ 32.

As can be seen from the above discussions, the people of

Bangladesh have fought for their right to live in an independent,
sovereign country, but have not been able to enjoy ‘equality, human
dignity and social justice’, the Proclamation of Independence
“ Due to the fight
to maintain power,
blame-games have
promised to them. In fact, successive regimes in Bangladesh, become common
over the last 43 years, have only thought of their own survival among political
and their own ‘right to rule’ and concocted ways and means to
do so by coups, takeovers, constitutional amendments and the
creation of repressive laws. Even when people are allowed the
right to vote, it is given with strings attached – the latest ‘string’
”
parties.

being contained in the 15th Amendment to the Constitution.

The singular focus on an electoral process as the only means to
march towards democracy has miserably failed in Bangladesh.
The violence and abuse of human rights in the near past,which
culminated in acontroversial election on 5th January 2014, with
hardly any participation of voters, is a clear indicator of this
failure.

In order to maintain the upper hand, the present government

did away with the caretaker government system through the 15th
Amendment to the Constitution and, by paving its way for another
five years, declared that elections would be held under the present
Constitution. The Election Commission was extremely cooperative
and unilaterally declared the election schedule in November
2013, without the government and the opposition coming to a
political solution and amidstwidespread political violence and
human rights violations. The right to life, livelihood, health, and
education were hampered. Normal citizens were caught up in the
wave of violence and conflict as the two opposing political parties
and their alliances waged war on the streets.

Even before the January 2014 elections, the government

was walking down the path of repression. Opposition-owned
and supported newspapers were gagged; freedom of speech was
curtailed. Private television channels owned or supported by
pro-opposition entities were also shut down between 2009 and
2013. Needless to say, new television channels have been given
permission to air; they are owned by supporters of the party in
power and are carefully crafted to glorify the present regime and
denounce detractors and dissenters. Cases are launched against
dissenters, mainly under the Information and Communication
Technology (ICT) Act, 2006, (amended in 2009 and 2013), for
criticising the Prime Minister or her family members in print and
electronic form. Interestingly, when the leader of the opposition
is criticised, the government and its law enforcement agencies

32 Odhikar Human Rights Report, 2013 at [Link]

odhikar_ahrr_2013.pdf

article 2  June - September 2014 Vol.13, No. 2 & 3 41

 remain silent. This shows that defamation laws and the provisions
of the ICT Act are being used [Link] ICT Act has become
the primary repressive instrument in the hands of the government,
to silence opponents and dissenters. First amended in 2009,

“ Not only human

rights are at risk
from political parties
the law was originally introduced in 2006 during the BNP led
four-party alliance government. On 19 August 2013, the Cabinet
approved a draft to the amendment of the ICT Act, strengthening
warring for power its repressive purpose by amending sections 54, 56, 57 and 61,
and control, human increasing the length of punishment and taking into cognizance
new [Link] law is contrary to the freedom of speech and
rights defenders are expression enshrined in the Constitution of Bangladesh.
not spared either.
” Due to the fight to maintain power, blame-games have
become common among political parties. Bangladesh, in the
last several years, has metamorphosed into a society polarised
along ‘secularists’ vs. ‘religious’ and ‘pro government’ vs. ‘anti
government’ divides. This has become evident in the last five
years, aggravate by government propaganda. Another method
employed to cling to power is to shut down all opposition and
maintain an atmosphere of fear. In the last 5 years, the numbers of
extrajudicial killings, reports of torture, enforced disappearances,
and abductions have reached levels of grave concern. The police
and RAB reportedly perpetrated these acts. From 18 reported
victims in 2012, the rate of extrajudicial killings by the police
jumped to 175 victims in 2013. There were no incidents of BGB33
being involved in extrajudicial killings jointly with police from 2009
to 2012, but in 2013 the BGB and the police banded together
to kill 32 people extrajudicially. BGB alone killed 11 people in
2013, compared to 8 during the 2009–2012 period. Similarly,
between 2009 and 2012, there were no incidents of killings by joint
operations involving the police, Armed Police Battalion, RAB, and
BGB. However, in 2013, such joint operations killed 64 people34.

Next to the rule of terror, another tactic used by the government

to suppress dissenting voices and repress opposition is the use
and abuse of the judicial process. Judicial magistrates maintain
the practice of sending detainees to remand, whenever police seek
remand. This generally implies torture of the accused, often brutal
torture. The purpose is mainly to terrorise the subject. Detainees
are forced to admit a crime that they may or may not have
committed; this releases the police from carrying out thorough
investigation. Remand is also needed for extracting information
to deliver to the media, something that adds to the propaganda
strategy of the [Link] common practice is to manipulate the
judiciary is by appointing judges based on political considerations.

It is not only human rights that are at risk from political parties
warring for power and control. Human rights defenders are not
spared either. There have been several instances where defenders,

33 Formerly Bangladesh Rifles (BDR)

34 Odhikar Annual Human Rights Report, 2013. [Link]
pdf/odhikar_ahrr_2013.pdf

42 article 2  June - September 2014 Vol.13, No. 2 & 3

including journalists and NGO workers, have been harassed and
physically assaulted.

Mahmudur Rahman, the Acting Editor of the Bangla

newspaper, Amar Desh, has been languishing in jail for over a
year. He was arrested in April 2013 and physically and mentally
tortured for writing against the government and judiciary. His
“ The people are
deprived of their
constitutional rights
newspaper has been shut down. Local journalists have also faced through political
assault and threats for reporting criminal activities in their areas.
manipulation and
On January 5, 2013, Chhatra League activists beat and illegally
detained Reuter’s reporter Andrew Biraz; New Age reporter Sony
Ramani; Bangla News photojournalist Harun-ar-Rashid Rubel;
and Prothom Alo correspondent Hassan Raja, when they were
corruption.
”
taking photos of crude bomb blasts at the Dhaka University
campus. Chhatra League activists held the journalists captive
after beating them and deleted the photographs after snatching
away their cameras.35

However, the most glaring example is the abduction of Supreme

Court lawyer and Secretary of the human rights organisation,
Odhikar, Adilur Rahman Khan. Adilur Rahman Khan was picked
up late in the evening of 10 August 2013 from in front of his
residence. He was returning home with his family after visiting
relatives. Men who showed no arrest warrant or any form of
identification took him away. His family was unable to confirm
where he had been taken. His family and Odhikar staff searched
for him in police stations and the headquarters of the Detective
Branch of police; they were met with denials, despite television
channels reporting that he had been arrested and taken to the
Detective Branch Office.

He was produced before the Magistrate’s Court the next

afternoon, from the Detective Branch Headquarters (much to
the relief of his family), and charged for crimes committed under
the ICT Act for fabricating information and pictures concerning
violence at a Hefazate Islam gathering in Shapla Chottor, Dhaka,
in May 2013.36 The government initially denied any deaths,
violence and atrocities committed against the Hefazate Islam
assembly.37 Odhikar verified 61 deaths during the time period
and demanded the government set up and Inquiry Committee.
The arrest and framing of charges against Odhikar is simply a
repressive measure to stop any further investigation into claims
of deaths and injuries during the incidents of May 5 and 6, 2013.

On September 4, 2013 Odhikar’s Secretary Adilur Rahman

Khan and its Director ASM Nasiruddin Elan were formally

35 The daily Manabzamin, 06/01/2013, [Link]

oldarchive_details.php?nid=MzczMjI=&ty=MA==&s=MTg=&c=MQ==&seco=
MjAxM3wxfDZ8MA
36 More on this issue will be found later in this report.
37 They later stated that 11 persons had died of which one was a policeman and
three pedestrian. The government also shut down two television channels,
Islamic TV and Diganta TV, which were covering the events of 5 – 6 May live.

article 2  June - September 2014 Vol.13, No. 2 & 3 43

 charged under section 57 of the ICT Act. They were both granted
interim bail by the High Court Division of the Supreme Court of
Bangladesh in October and December 2013 respectively. Human
rights defenders at the grass roots level associated with Odhikar

“ Merely giving
the people the right
to vote is not a
have also been threatened and intimidated by law enforcement
agencies.

sign of democracy. The trial of Adilur Rahman Khan and the persecution of Odhikar
Democracy is a form have sent a warning signal to all human rights organisations
working in Bangladesh.
of State and not
merely an electoral

”
practice. Conclusion

Unless political parties can steer away from their blinkered

view of elections as merely a means to stay in power and misuse
and manhandle the rights given to them by virtue of their victory
there is no way human rights conditions in Bangladesh will take
on a rosy hue. The people are deprived of their constitutional
rights, their right to fair trial and justice, and other civil, political,
social, and economic rights, through political manipulation and
corruption. Merely giving the people the right to vote is not a sign
of a democracy. Democracy is a form of state and not merely
the electoral practice to select a ruler every five years. So, in a
community where people are yet to constitute themselves as
a democracy, with effective and strong institutions to defend
their dignity and rights, human rights violations will continue
unchecked.

Finding an effective method or process to elect a government in

a free, fair, and transparent manner is of course important, but if
the state itself is constructed by a Constitution that has littleto do
with a democratic polity, and run by political parties who have no
regard for the human rights of the general population, electoral
rituals end up a reproduction of powers inimical to citizens and
human rights.

44 article 2  June - September 2014 Vol.13, No. 2 & 3

 Constitutional disaster &
‘legal’ impunity: Constitutional
amendments in perspective

Prof. Maimul Ahsan Khan*

Former Chair, Department of Law
University of Dhaka

Introduction

A State’s constitution is the fundamental law of the concerned

Statehood. The concept of the Law of the Land may sound similar
to that of a whole body of State endorsed rules and regulations
based on basic principles upon which a state functions through
government agencies. A State’s constitution is not merely a bunch
of principles, provisions, and legal norms or rules and regulations.
It is a fundamental legal text, based on which national institutions
can be established and developed. It is the most important Basic
Law that establishes a legal framework for all other branches of
law. In other words, it is the legal foundation for any Statehood to
start with. However, to be regarded as a matured and documented
constitutional text, it must go through some crucial tests. The
Basic Law in a State may suffer serious setbacks in its journey if
it does not have the right kind of political, economic, and ethical
orientation. Moreover, main aims and objectives of the Basic Law
of a State cannot be articulated with ambiguity.

* He was a Fulbright Scholar, Country Specialist on Afghanistan at the Amnesty

International-USA (2000-2006), khanmaimul@[Link]

article 2  June - September 2014 Vol.13, No. 2 & 3 45

 Constitutional law, as a whole, is also valued for its rhetorical
excellence and the ornamental beauty in its expression that need
to be admired by all concerned parties, including the conflicting
political forces. In a black letter view, constitutional law is a legal

“ For masses and

voters, constitutional
issues and
text, either compiled in one legal text or scattered in a number of
documents and conventions. Whatever way one writes or compiles
a State’s constitution, it will require some changes from time to
amendments have time, to meet necessities of change and to fulfill the demands of
been a distant reality its constituents.
– nothing to do with A constituent assembly may write or rewrite a constitution for

”
real life. a concerned State many times; this makes no difference until the
highest legislative body of the State adopts it. Once the lawmakers
adopt the text of the constitution, through acceptable political
and legal procedures, then as a fundamental law it has binding
force for all citizens and foreigners living within its jurisdiction,
except those with diplomatic immunity. Irrespective of rigid or
flexible character, any constitutional amendment requires political
maturity, economic farsightedness, and legal acumen. The 1972
constitution of Bangladesh has been acclaimed as a remarkable
achievement for the nation, which paid a high price for its political
independence, in terms of human lives and the destruction of the
country. The frequent changes Bangladeshis brought to their rigid
constitution were either unsustainable or marred by vindictive
partisan politics. In October 2011, Bangladesh got a renewed
version of the constitution, with the 15th amendment having been
added, which claimed to be a fulfillment of the political promise
of returning to the original 1972 constitution.

In this article, the latest constitutional changes will be put

to the test; the Basic Law and its characteristics, in terms of
empowering people, vis-à-vis providing an upper hand to the
vested interests of strong political and business lobbies will be
teste¬d. The major way of looking at our constitutional changes
would be comparison them with similar constitutional changes
in other countries. Why has the 15th constitutional amendment
provoked so much political and religious controversy? This is one
of the main questions we will address in this article. An analytical
approach and a jurisprudential prism will be used to find out how
successful Bangladesh has been in bringing about desired and
necessary constitutional changes, textually, and in real dynamics
of the polity and expected economic betterment of the nation. The
secular, nationalistic, and socialist character of the constitution
has never been above political and cultural controversy. The issues
of constitutional continuity, inconsistency, and absurdity have
been hunting Bangladesh for four decades of its history. Finally,
how relevant are these controversies for building a prosperous
and forward-looking nation is another key question this research
article would like to bring to jurisprudential scrutiny.

46 article 2  June - September 2014 Vol.13, No. 2 & 3

Constitutional Past in Futuristic Perspective

Bangladesh has, since independence, been viewed as a

“
country of natural calamities. In 1974, it was called a “bottomless
basket”. It made others look good, literally so, when Bangladeshis The entire fabric
subsequently took to dressing everyone up across the globe in of constitutionalism
quality garments. Infamy greeted the moderate Muslim country may be directly
as a result of the brutal killing of its most celebrated leaders, in affected by such
1975 and 1981. The autocratic tenure of Ershad, a reincarnation amendments to the
of Pakistan’s Ayub Khan, followed. And, since 1990, Bangladesh
Constitution by
has been witnessing the golden era of female premiership, a
period that has made both friends and foes wonder how colorful, pushing its “overall
progressive, and tolerant Bangladesh is as a nation. operational scheme”
down the wrong

”
For masses and voters, constitutional issues and amendments path.
have been a distant reality – nothing to do with real life in terms of
practical social, political, and economic predicament. Voters have
been rather happy to see two of the most powerful ladies of the
country alternate for the chair of premiership. In terms of trade
and business, apparently, Bangladesh is doing fine. In agricultural
sectors, production and distribution methodologies have started
to work inclusively. Industrial sectors have been growing steadily.
Wild capitalistic mode of production and distribution has hardly
allowed time for issues of constitutional development, the rule of
law, and human rights.

The innocent people and naïve voters have not thought much
about the consequence of a brute majority in parliament. Any
overwhelming brute majority in the highest legislative body can
go wild at any time, especially in an immature democracy. This
is exactly what has happened with constitutional legacy, political
culture, and constitutional amendments in Bangladesh.

The Bangladesh Constitution is rigid; it was not supposed to

be changed so quickly and easily. It does matter how many times
Bangladesh changes its constitution so dramatically, diminishing
characteristics of the supreme law of the land. What is the content
or substance of any constitutional amendment and what is the
purpose of a particular amendment? The ways adopted and the
means resorted to make sweeping changes to the written and rigid
constitution is what really counts, to understand the mentality
and pattern of behavior of political parties in power and the
puppeteers behind the curtain.

In this article, the Fifteenth Amendment to the Constitution1

will be analyzed, an amendment that promised to restore the spirit
of the original 1972 Constitution. Even a superficial reading of the
Fifteenth Amendment will show that the present-day Constitution
is in no way close to the original one. A deeper reading will show
how the Fifteenth Amendment has frustrated the spirit of the

1 The Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011)

article 2  June - September 2014 Vol.13, No. 2 & 3 47

 original 1972 Constitution, which had claimed to reflect the hopes
and aspirations of the Bengali nation.

Constitutional amendment may sometimes bring a supposedly

“ With the help

of a brute majority
in parliament, no
serious impact on the ongoing legal, political, and economic
narratives of the time, touching the very core of the fundamental
principles of the governance and system of the concerned nation.
ruling party can More importantly, the entire fabric of constitutionalism may be
make constitutional directly affected by such amendments to the constitution by
pushing its “overall operational scheme” down the wrong path.
provisions that
cannot be changed.
” For example, the British and Pakistani constitutional laws
were standing in the way of freedom for the Bengali nation. After
Bangladeshis achieved their hard earned political independence,
they were keen to achieve economic prosperity and overall
emancipation with the help of a legally sound constitutional
framework, to be implemented and followed by the ruling elite
first. However, often politicians and business lobbies have
failed Bangladeshis miserably. At the outset of almost every
constitutional amendment, Bangladeshis were promised to be
better served by our politicians and by the representation of
the ruling class. Constitutionally, lawmakers are the people’s
representative in parliament, empowered with the legal authority
to change the constitutional system or any of its provisions.

However, why the apex court was so intimately involved in

bringing about some of the latest constitutional amendments
made conscientious circles of the country wonder. It appears
that we have been much involved in circular logic of changing
constitutional principles back and forth without giving deeper
thought to the hopes and aspiration of the masses, who should
have gotten the first priority for modern amenities of life such as
safe food, drinking water, decent shelter, enlightened education,
and proper health care, and first and foremost a constitutional
guarantee to life, liberty, and happiness.

How, did Bangladesh end up here, with one constitutional

disaster after another?

Historical Look at the 15th Constitutional Amendment:

Reminiscing BAKSAL

The Fifteenth Constitutional Amendment is indeed a disaster

for the constitutional mechanism in Bangladesh, as well as the
rule of law based on the will of the people, without which no
government can be legitimate. With the help of a brute majority
in parliament, no ruling party can make constitutional provisions
that cannot be changed even by referendum or by any successive
legitimate government. In fact, the present constitution is a
footnote-based constitution;2 there is no other such example of

2 After Fifteenth Amendment, the Constitution now contains 114 footnotes for
its 153 Articles.

48 article 2  June - September 2014 Vol.13, No. 2 & 3

its kind in the world. By incorporating the Fifteenth Amendment,
the ruling party lawmakers at the helm in parliament have made
about one-third of the constitution a “holy text” that can never be
changed or amended. The argument advanced is that the apex
court of the country ordered Parliament to change the Constitution
based on a controversial verdict. “ In Bangladesh,
judges are appointed
on the basis of their
The way the then Chief Justice passed the Short Order and commitment to
wrote this verdict, after fourteen long months of retirement, is by political leaders and
itself a mockery of the supreme law of the republic.3 Moreover,
the Awami League government adopted the Fifteenth Amendment
even before the nation could see what the judges had to say about
Thirteenth Amendment in a divided verdict that contained diverse
ideologies.
”
opinion about the system of Non-Party Caretaker Government
(CTG).

Traditionally, in Bangladesh, judges are mostly appointed on

the basis of their commitment to political leaders and ideologies.
A report by Asian Human Rights Commission has meticulously
proved this reality.4

In the following timeline, consider a glimpse about how this

controversial Fifteenth Amendment was adopted:

Critical Timeline of 15th Amendment

On July 21, 2010, the Prime Minister formed of a 15-member

special parliamentary committee to push for another constitutional
amendment. In the next 11 months this committee orchestrated
27 sessions to demonstrate that it was holding various types
of consultations with so-called experts. However, it had failed
to justify why Bangladesh needed a sweeping constitutional
amendment that would practically change one-third of the
constitution.

On March 29, 2011, in its 14th meeting, the committee

arrived at a consensus that CTG should not be abolished from
the Bangladesh constitution.

On April 27, 2011, the Prime Minister suggested that

the committee should not abolish the CTG, but amended its
provisions.

On May 10, 2011, a 4-3 split judgment of the Appellate

Division of the Bangladesh Supreme Court was delivered. It
stated that CTG is unconstitutional, and it has been declared
void prospectively. Chief Justice Khairul Haque observed that
the Parliament may keep a renovated form of CTG for tenth and

3 See article 7 (2) of the Constitution of the People’s Republic of Bangladesh,

available at [Link]
last visited on April 17, 2014.
4 [Link]

article 2  June - September 2014 Vol.13, No. 2 & 3 49

 eleventh parliament elections, and that the Parliament needed to
be abolished before 42 days of the next parliamentary elections.5

On May 16, 2011, the parliamentary committee discussed

“ The Fifteenth
Amendment to
the Constitution,
the issue of CTG again.

On May 29, 2011, the committee decided to keep CTG as a

has virtually made constitutional system of holding election and transfer of power
one-third of the from one government to another. Two changes were proposed:
1) CTG must hold parliamentary elections within 90 days; 2) if
Constitution CTG signs any treaties with any foreign states or governments
unamendable by during its tenure, then those treaties will need to be ratified by
any successive the forthcoming Parliament.
Parliament.
” On May 30, 2011, the committee met with the Prime Minister
Sheikh Hasina. Despite her earlier position against the removal
of CTG system, in that meeting everything had changed overnight
and abolishment of CTG was recommended.

On June 20, 2011, the Fifteenth Constitutional Amendment

Bill was approved by the cabinet, which abolished the CTG,
before the final judgment of the Supreme Court was written or
pronounced, with the ill motives of the then CJ of the Bangladesh
Supreme Court.

On June 25, 2011, the 15th Constitutional Amendment Bill

was introduced in Parliament and, on the same day, was passed
in fashion similar to that witnessed by Bangladesh with regard to
the 4th Amendment, i.e. the one party rule of BAKSAL. Lawrence
Ziring considers the Fourth Amendment as the biggest tragedy
of Bangabandhu’s fate.6

The Fifteenth Amendment to the Constitution, as it stands,

has virtually made one-third of the Constitution unamendable by
any successive parliament7. Such a constitutional amendment is
unheard of across the world in recent centuries. Moreover, the
Amendment introduced apparent self-contradictory provisions in
Article 7B and Article 142 of the Constitution. Article 7B begins
with the words, “not withstanding anything contained in article
142” and Article 142 starts with “notwithstanding anything
contained in this Constitution”. Use of the notwithstanding
phrase in both the articles makes it ambiguous which article will

5 This judgment is itself dubious and unconstitutional. It violates jurisprudential

norms for making and amending the constitution of a modern sovereign
state and the concept of separation of powers, based on which the judiciary
operates.
6 Ziring, Lawrence, Bangladesh, From Mujib to Ershad: An Interpretative Study,
Oxford University Press (republished by UPL), 1992, pp.100-101
7 Article 7B has been inserted by the 15th Amendment, which makes the
preamble, all articles of Part I, all articles of Part II, all articles of Part III
(subject to the provisions of Emergency) and the provisions of articles relating
to the basic structure of the Constitution, including article 150 of Part XI, not
amendable by way of insertion, modification, substitution, repeal, or by any
other means.

50 article 2  June - September 2014 Vol.13, No. 2 & 3

prevail over the other. It is a jurisprudential fallacy of an extreme
kind. It would be unimaginable for any sound person to think
of such a constitutional amendment that prohibits lawmakers
from amending any existing constitutional provision adopted
unilaterally by a ruling party. Prior to gaining a brute majority
in Parliament, Awami League never expressed its intention to
abolish CTG.
“ The history
of constitutional
changes is full of
incidents of betrayal
From BAKSAL to Rampal8, we have been witnessing the same of the true spirit of
political trend amongst a section of Awami stalwarts, many of
whom find it easy to sacrifice national interest for personal or
group financial gains. In more than four decades of Bangladesh
history, as a ruling party, the Awami League has never
constitutionalism.
”
demonstrated any deep respect for public opinion or commitment
to national security, which should never be compromised under
any circumstances. The history of constitutional changes during
the Awami League regime is full of incidents of betrayal of the
true spirit of constitutionalism. One may consider Omar Khasru’s
take on this for further details.9

It is unfortunate that General Ziaur Rahman was falsely

named as one of the perpetrators of the tragic events of 1975.
History has demonstrated that General Zia wanted to pull out the
country from Awami misrule, and the Bangladeshi people from
the tragic aftermath of aborted military coups, directly related to
BAKSAL politics that banned all political parties. Zia had to deal
with these tragic consequences of Bangladesh national politics.
After the demise of Zia, the democratic process was interrupted
for about a decade and an autocratic dictatorial rule shrouded
the nation. Both Awami League and BNP had to deal with the
unfortunate reality of autocratic rule led by General Ershad, who,
on his part, has continued playing a nasty game of power politics
in the country.

The year 1986 witnessed orchestrated national parliamentary

elections. Awami League was the main collaborator of General
Ershad in the third parliamentary assembly election. Sheikh
Hasina was the main opposition party in the Parliament and could
capture only 67 seats. Awami League leaders were convinced that
they should not be the main collaborator of the Ershad regime for
a longer period of time and, along with Jamaat-e-Islami, Sheikh
Hasina demanded another fresh parliamentary elections.

8 The Rampal Power Station is a proposed 1320 megawatt coal-fired power

station in southwest Bangladesh. The project is widely considered to be the
symbol of present Awami League government’s megalomania, corruption,
and lust for illegally made wealth. Popular belief considers it as a bribe by
the Awami League to the former Congress government of India, which is also
accused of massive corruption and malgovernance, to attain Indian support
for arranging a virtually one-party election.
9 Khasru, Omar, “From 4th to 15th Amendment: BAKSAL to Abolition of
Caretaker Government”, The New Age, Nov. 4, 2013, p. 8

article 2  June - September 2014 Vol.13, No. 2 & 3 51

 The Fourth National Parliamentary Elections held on March
3, 1988, were boycotted by BNP. As a result, along with Jamaat
leaders, Awami League had to follow the suit to save face. The
Jamaati leaders had been working closely with Awami League to

“ One party misrule

still haunts every
fair-minded
make its efforts successful to be the main opposition party in the
third parliamentary assembly. In fact, it was the collaboration
between Awami Leagure and Jamaat that ultimately prompted

”
Bangladeshi citizen. these two political parties to fight for CTG during early years of
1990s.

The Fifth National Parliamentary Elections were held on

February 27, 1991, and, this time again, the Awami League failed
to capture power, winning only 88 seats in the National Assembly.
This is the short historical background that helped Awami League
return to the helm. Despite the Awami League having a history of
collaboration with General Ershad and Jamaat leaders for a longer
period of time, it did not share governmental powers with them.
Awami League appears to love sharing governmental politics with
so-called left-leaning politicians, who were the main collaborators
in the process of establishing BAKSAL, the one party misrule that
still haunts every fair-minded Bangladeshi citizen.10

Failing to capture state power in 1991, the Awami League

became paranoid; this prompted its leaders to adopt strategies to
collaborate with Jamaati leaders openly, so they could destroy the
politics of BNP. Failing to capture the majority seats in Parliament
in the national elections of 1991, along with Jamaati leaders,
Sheikh Hasina launched vicious attacks on the BNP government
and held 173 days of hartal (complete standstill) in the country.11

Tenth Parliamentary Elections: Reminiscence of 1996

&1973 Elections?

Many analysts think that the tenth parliamentary elections

held on January 5, 2014 is a reminder of the 1973 and 1996
parliamentary elections. Such an observation lacks in objectivity
and credibility in a number of ways.

Firstly, 1973 elections were held under the pressure of unruly

leaders and activists of Jatio Samajtantric Dal, which had served
foreign interests to discredit the leadership of Bangabandhu.

10 “President of Bikalpadhara Bangladesh Prof. AQM Badruddoza Chowdhury

on Friday called upon the Prime Minister to refrain from a BAKSAL style poll
and urged her to take measures to hold the forthcoming elections under a
caretaker government. B. Chowdhury, a former President of the country,
alleged that the Prime Minister brought amendment to the Constitution by
killing the democracy for her own interest.” (“Refrain from BAKSAL style poll:
B Chy”, The Independent, November 9, 2013).
11 “Pointing at Prime Minister Sheikh Hasina, the BNP Chairperson said, “You
had enforced hartal for 173 days. Now we’ll enforce non-stop hartal and
blockade after our current programmes if you don’t restore non-party or
caretaker government provision.” See: [Link]/details_yes_08-
09-2013_Khaleda-threatens-non-stop-hartal,-blockade_609_1_0_3_0.
html#[Link]

52 article 2  June - September 2014 Vol.13, No. 2 & 3

The first parliament was in serious dilemma with its Pakistani
origin, supposed to work for the Pakistani legislative body. The
Constituent Assembly created by the lawmakers of the Pakistani
election was suffering from a serious lack of legitimacy.

Secondly, Bangabandhu had resigned from the post of

Premiership to make the 1973 election creditable and legitimate.
“ Grabbing State
power and misuse
and abuse of
Sheikh Hasina took oath as a Prime Minister for the third time on national resources
January 14, 2014, while she was holding the same post of Prime had become the
Minister of the country.
only reason most
Thirdly, the tenth parliamentary election was held on January politicians began
5, 2014, while the 9th Parliament was dissolved 20 days later on waging battles
January 24, 2014, just a day before its tenure ended.

Fourthly, neither did Members of Parliament (MP) of the 9th

against each other.
”
Parliament lose their seats during the 10th Parliament election,
nor did they resign from their parliamentary seats.12 Thus, the
legal and political position of all MPs and other ministers remained
the same. They contested seats in parliament, while they had
been occupying those very seats and the powers associated with
them. In other words, after January 5, 2014 Bangladesh got two
parliaments, in a country with a unitary form of government.

Fifthly, the tenth parliamentary election can be termed as

a constitutional necessity, as much a necessity as the 1996
election held under a politically charged and legally obligated
situation. But neither were the political forces behind those two
parliamentary elections the same, nor did their foreign patrons
belong to the same group. Thus, Bangladesh national interest
and ethnic pride has been stolen and destroyed. Of course,
Bangladeshis cannot forget and forgive their leaders for their
betrayal to the nation and the people.

Constitutional Adventurism vis-à-vis Political

Correctness

General Ershad captured power illegally from the elected

Presidency of Justice Abdus Satter. Ershad wanted legitimacy
for his government, and Awami League had been cooperating
with the Ershad government secretly. On the surface, Awami
League was cooperating with BNP to oust Ershad from power in
the 1980s, and this mysterious political dynamic had started to
play a stronger role in shaping the power politics of Bangladesh.
Ideological fights, based on sound strategies, began to become
things of the past. Grabbing state power and misuse and abuse of

12 10th Parliament Election was held under article 123 (3)(a) of the Constitution,
which is one of the controversial amendments brought by the 15th
Amendment to the Constitution.

article 2  June - September 2014 Vol.13, No. 2 & 3 53

 national resources had become the only reason most politicians
began waging battles against each other.13

Being part of a ruling force in the country, many BNP leaders

“ Most political
analysts and
observers tend to
had never tried to understand Awami policies of capturing and
retaining power. In fact, neither BNP nor Jamat understood too
well the strategies and policies Awami leaders were pursuing while
argue that both of they were in and out of power.
these powerful ladies Following the independence of Bangladesh, Awami League
of Bangladesh do wanted to transform itself into a party similar to that led by
not maintain any Ataturk of Turkey or Nasser of Egypt. The untimely and unwanted
real differences, demise of Bangabandhu did not permit this happen.
ideologically Ziaur Rahman wanted to be a leader like Mahathir Mohammed
speaking.
” of Malaysia. Foreign forces did not want this for obvious reasons.
More importantly, BNP, as a driving force in the hands of Ziaur
Rahman, failed to provide a political platform to allow him to
achieve his reformative and constructive policies. Fighting Ershad,
Begum Khaleda Zia emerged as an uncompromising leader
in Bangladesh. As a result, she was a natural choice for BNP
leadership, as it had happened with Sheikh Hasina.

Most political analysts and observers tend to argue that both

of these powerful ladies of Bangladesh do not maintain any real
differences, ideologically speaking. Such an assumption \ is
incorrect; despite both being supporters of democracy and free
market economy, their ideology of governance and development
models are fundamentally different. However, the idea that both
the female leaders could be influenced and dominated by Big
Brothers from New Delhi gets support. Since 1/11 of 2007, the
leadership of Sheikh Hasina took a different turn, witnessed
clearly in the tenth parliamentary elections of the country.

Tenth Parliamentary Elections: Inescapable Outcome

with Obvious Results

As a ruling party, Awami League has won 232 in a total of 300

parliamentary seats in the latest elections. This is no source of
wonder for anybody. The unprecedented events that led to this
result knows no parallel in any democratic exercise in the history
of any country of the world. Out of 300 seats, 153 seats were won
uncontested, while in 1973 this number was 8. Moreover, this
time, the Awami League itself won 127 seats uncontested. In 1973,
all 8 uncontested seats were in the pocket of the ruling party.

This time Awami League used the autocratic military junta and
General Ershad and his faction of Jatiya Party to orchestrate the
parliamentary elections, while Bangabandhu was very reluctant
to use other political forces or state powers in his election
endeavours. Apparently, ten tiny political parties contested in
this January 2014 elections, but in reality less than 10% (many

13 See for details, Liton, Shakhawat, “A Failed Adventure”, a weekly publication

of The Daily Star, 24 January, 2014, p. 18.

54 article 2  June - September 2014 Vol.13, No. 2 & 3

estimates show the figure less than 5%) voters participated in
these elections that made it the most unrepresented elections
of Bangladesh. The IFEX report has elaborated these events in
details.14

Most Western observers are in consensus about the credibility

of the tenth parliamentary elections. However, Awami League, as
“ The people
of Bangladesh
have increasingly
a ruling party, was and is determined to remain in power by hook becoming hostage in
or crook. On December 21, 2013, The Economist stated that in the hands of rulers
these elections the Awami League would win, but the nation will
fail definitely.15 This is not a new thesis about Awami leadership in
Bangladesh and it has become rather the most important political
strategy of the party. Even before the demise of first Awami League
”
and their cronies.

government under the leadership of Bangabandhu, Ahmed Sofa,

a great patriot of Bangladesh, reiterated that Awami League was
no more interested to win with the people – it wishes to win power
by defeating Bengali people.16

The people of Bangladesh have increasingly becoming hostages

in the hands of rulers and their cronies, who claim themselves
as representatives, but are destroying all the hope and potential
Bangladesh as nation can aspire to.

From Original Constitutional Flaws to Utter Manipulation &

Virtual Suspension of Fundamental Rights

The chief architect of the 1972 Constitution, Dr. Kamal

Hossain, would possibly agree that the text of the first supreme
law of Bangladesh suffered from two major flaws, which could
diminish the entire envisioned system of Bangladesh.

The two major flaws were:

1. Poor application of the theory of separation of powers17,

which should give shape to the constitutional framework
for a state and its legal system. Who was it that, for the first
time, conceptualized the theory of separation of powers might
a debatable issue in legal research or political discourse. But
without its application one cannot expect a check and balance
in state power at the highest levels of governance. Members (34

14 [Link]
15 “Sheikh Hasina’s unpopular government has lost control of large parts of the
country… The biggest disadvantage is that the poll will be an obvious sham.
Of 300 elected parliamentary seats, 154 will be uncontested. The BNP and
17 of its small allies are joining the boycott. The government has detained
in hospital and seems poised to exile Mohammad Hossain Ershad, a former
dictator and the leader of Jatiyo, the third-largest party, for its boycott”.
16 ‘When Awami League wins, Sheikh Hasina with a handful of people wins,
and when Awami League loses, the whole Bangladesh loses,’ in Collected
Interviews of Ahmed Sofa.
17 A classical work of Montesquieu, titled “The Spirit of Laws” published in
1748, has elaborated the necessity of the theory of Separation of Powers for
any modern state to be guided with the principles of the rule of law, methods
of preservation of human dignity for all.

article 2  June - September 2014 Vol.13, No. 2 & 3 55

 of them) of the first Constituent Assembly must have known
the substance of the theory of separation of powers, and being
well-versed in jurisprudential studies of constitutional theories
Dr. Kamal Hossain was probably aware that without some

“ The establishment
of one-party rule
brought with it the
kind of application of Montesquieu’s theory, originating from
Aristotelian thought – that the rule of law is always better than
the absolutism exercised by kings or monarchs – no modern
adoption of the constitutionalism can work for the people. During the lifetime
Fourth Amendment of Montesquieu, the Bourbon monarchy in France was horribly
despotic; the monarch was an absolute Lawgiver, the Highest
is the beginning of Executor, and the Chief Judge for France. In fact, Louis XIV
the constitutional declared: “I am the State”. Possibly, Dr. Kamal Hossain could

”
disaster. not have imagined that Bangladesh could repeat this history.
Still, the 1972 constitution was marked with some nominal
and very formal distribution of powers at the highest levels of
state machinery.

2. The original 1972 Constitution did not contain any provision

for declaring emergency under any circumstances. In other
words, neither the Head of State (President) nor the Head of
the Government (Prime Minister) could declare emergency in
the country and the Chief Justice could not endorse any kind
of state emergency declared or undeclared by any Bangladeshi
citizen of force in disguise of constitutional necessity. Most
of the constitutional experts would tell us that this is a very
profound constitutional flaw in the 1972 Supreme Law of
Bangladesh.

However, if we take these two theoretical shortcomings of the

1972 Constitution of Bangladesh in context and allow them to be
exposed simultaneously, then Dr. Kamal Hossain would possibly
argue that these two negative notes about the original text of the
constitution might have neutralized the pulses of absolutism and
anarchism on one hand and could leave Bangladesh alone for the
fulfillment of the original intention and declared commitment to
the fundamental rights of all citizens, including people claiming
themselves as religious minorities or having non-Bengali ethnic
identities.

With the help of the second Amendment to the Bangladesh

constitution, constitutional provisions necessary for the
declaration of state emergency were introduced. But, neither the
framers of the constitution nor the lawmakers elected in the 1973
parliamentary elections could seriously ponder about the method
of using the power of declaring emergency.

Thus, the establishment of one-party rule brought with it the

adoption of the fourth Amendment to the constitution in 1974.
This is the beginning of the constitutional disaster, which turned
into a tsunami that has buried many of cherished democratic
traditions and hard earned fundamental rights. Surprisingly, all
this was done in the name of the consolidation of the objectives
of the glorious liberation war and for the sake of the preservation

56 article 2  June - September 2014 Vol.13, No. 2 & 3

of the basic structure of the constitution, which will be discussed
shortly.

Consider what the Fifteenth Amendment to the constitution

has achieved. Firstly, in the name of returning to the original
1972 constitution, the nation has been lied to. This is sheer
deception, if not utter hypocrisy. No investigation has proven
“ No investigation
has proven that the
present Constitution
that the present Constitution of Bangladesh is a reminiscence of of Bangladesh is a
1972 Constitution. Now we have state religion as a constitutional reminiscence of 1972

”
principle and all powers vested in the hands of one person, i.e. the
Constitution.
Prime Minister, who can control all major work of the President
and even the Chief Justice. Chief Justice K. Haque has proven
this in front of the nation. Abdul Halim offers a critical assessment
of Khairul Haque’s legacy.18

Secondly, even the right to have referendum over any vital

national issue has been taken away as such a provision is
completely absent in the constitution19.

Thirdly, Bangladesh has lost a system of parliamentary

supremacy that could change laws, including constitutional
provisions whenever necessary. What kind of constitutional
rigidity is this? No credible answer can be found elsewhere in
the world.

Fourthly, Bangladeshis were told that they now lived under

constitutional supremacy for which national parliamentary
elections are orchestrated, where less than 5% voters exercise
their voting rights. All major opposition parties were blamed for
their non-participation in 5 January 2014 elections. But, the
fact of the matter is that the ruling party did not want any other
popular party to contest in the 10th parliamentary elections.

Fifthly, any criticism of the Fifteenth Amendment may result

in any citizen being accused of sedition against the State, a
crime for which the constitution itself declares a punishment of
death.20 All this has happened in the backdrop of a kind of fascist
onslaught on the political right to protest and assemble in any
place in Bangladesh.

Lastly, by virtue of the Fifteenth Amendment to the

constitution, the principle accepted worldwide that sovereignty

18 Halim, Md. Abdul, “7th Amendment Judgment: Judicial Politics or Activism”,

The Counsel Law Journal, pp. 26, 27.
19 The provision for referendum was introduced for the amendment of preamble
or any provisions of articles 8, 48, 58, 80, 92A by the Second Proclamation
(Fifteenth Amendment) Order, 1978 (Second Proclamation Order No. IV of
1978) and later by way of the Constitution (Twelfth Amendment) Act, 1991
(Act XXVIII of 1991) articles 58, 80, 92 A were omitted and article 56 was
inserted.
20 Article 7 A has been inserted by way of the Constitution (Fifteenth Amendment)
Act, 2011 (Act No. 14 of 2011) which makes abrogation, suspension etc. of
the Constitution, offence punishable with death.

article 2  June - September 2014 Vol.13, No. 2 & 3 57

 belongs to people has been violated completely and in many
ways. Even with an overwhelming majority, support within and
outside the parliament, Bangladeshis supposedly should not
even try to change their constitution for the better. Any serious

“ How the people

will enjoy the right
to free speech and
and consistent efforts to bring about progressive changes to the
constitution may lead to death penalty for those who voice their
right to act or speak against impractical, unhealthy, unacceptable,
political opinion and discredited provisions of the constitution. Who and how
people will enjoy the right to free speech and political opinion is
is not a debatable not a debatable question in terms of constitutional principles.
question in terms
of constitutional However, under the present constitution, a huge number of

”
principles. constitutional principles, provisions, and rules must be kept
above all kinds of criticism and those constitutional letters must
be regarded as “sacred words” not to be amended by the nation
or by any highest legislative body genuinely elected.

Thus, the present constitution has to be regarded as a religious

scripture and its injunctions to be followed blindly; any number
of people can be hanged by the government if it thinks that the
accused have been engaged in sedition against government. In
other words, we have diminished the differences between religious
injunctions and constitutional rules on one hand, and on the other
hand, have taken the concepts of statehood and government as
synonymous.

It makes one wonder how the authors of the Fifteenth

Amendment to the Constitution claim themselves as secularists.
For some secularists in Bangladesh, anti-Islamism is the real
essence of state-secularism, which will promote all non-Islamic
religious activists so that they can kill any religious man or
woman just by labeling them as Islamic fundamentalists. This is
a dangerous phenomenon that recent history has registered in
some countries including India, which is now engulfed by Hindu
fanatic forces at all level of its polity and governance. Surprisingly,
these Hindu fanatic forces are termed as “nationalist”, and have
also been credited for their wish to unite South Asian countries
under the political ideology of Hinduism.

The Doctrine of Basic Structure vis-à-vis Basic

Constitutional Provisions

Initially, those that framed the constitution had been pondering

over fundamental constitutional principles. Combining socialism,
nationalism, secularism, and democracy, they wanted to have a
legal philosophy for constitutionalism in Bangladesh.21 However,

21 In 1972 Bangladesh leaders wanted to combine the principles of socialism

with a kind of anti-Islamic secularism. On the other hand, India, in
1976, made secularism its constitutional principle. A major problem with
Bangladesh leaders has been their wish to get everything done in wishful
ways without taking any note of public opinion or hopes and aspirations of
the people. Bangabandhu had been struggling with the declared ideology
of secularism by claiming it as a different kind of neutrality to all religious
beliefs, i.e. non-combative secularism that would not wage a war against
Islam in Bengal.

58 article 2  June - September 2014 Vol.13, No. 2 & 3

the ideological basis of the Bangladesh constitutional system did
not resonate with the hopes and aspirations of the vast majority
of people, who wanted to see the materialization of proclaimed
goals of economic emancipation.

Politicians, as always, were, and are, very keen to keep citizens

engaged in political rhetoric to monopolize power in running state
“ The role of
the ‘doctrine
of necessity’
affairs. State ideology is a self-severing agenda for most political has increased
parties, which have been engaging in deadly internecine fighting tremendously at
for capturing and retaining power. Neither the empty words of
every turning point
patriotism, nor the religious commitment to the betterment of
fellow-citizens can anymore serve as an effective tool to generate of Bangladesh history
popular support to the political parties and their activists as and constitutional
they have lost their credibility as genuine patriots and leaders
committed to the causes of nation building. Moreover, most people
have been talking consciously about their leaders’ hypocritical
development.
”
behaviors and life-style.

In this backdrop, the role of the ‘doctrine of necessity’ has

increased tremendously at every turning point of Bangladesh
national history and constitutional development. The doctrine
of necessity has been used by politicians, judges, and military-
backed governments; they have used it in diametrically opposite
ways; thus Bangladesh has not achieve any maturity in its political
and constitutional system. Amendment after amendment to the
constitution has failed to produce any lasting result to consolidate
fundamental rights, the rule of law, and political stability. Political
instability, along with endemic corruption and vicious cycles of
poverty, has pushed Bangladesh toward a system tantamount to
a police state, something the Bangladesh nation has hated since
British domination over people and resources.

Since the hard-earned independence of Bangladesh in 1971,

the Bangladeshi people wanted to have their own constitutional
framework and legal system conducive to the protection of their
national glory, dignity, identity, and for the creation of a society
based on fairness, decency, equality, and progressive ideals of
economic and constitutional growth. Our brutal colonial and
Pakistani legacy either hurt the people deeply and/or Bangladeshis
have just been indulging in reactionary squabbling, leading to a
kind of intellectual bankruptcy. As a result, Bangladesh decided
to make political speeches or statements an integral part of the
constitution, despite committing fundamental blunders during
and after the liberation war.

The instrument of surrender is one example of such a blunder,

where neither the Bangladesh Chief of Staff of Freedom Fighters,
nor his deputy was seen beside General Jagjit Singh Aurora as
the surrender was signed. General Aurora signed as the General
Officer Commanding in Chief, India and Bangladesh Forces,
Eastern Theatre. Since the Deputy Chief of Staff of Bangladesh
Freedom Fighters, A.K. Khandaker, was present at the venue of
surrender where the defeated Pakistani army surrendered their

article 2  June - September 2014 Vol.13, No. 2 & 3 59

 weapons, he should have signed the Instrument on behalf of the
Bangladesh Force.22

The Simla Treaty is another post-liberation blunder of the

“ Bangladeshis
desperately need
a constitutional
Ruling Awami League, wherein India and Pakistan were party
to the decision of releasing 93,000 Pakistani prisoners of war
who were really war criminals.23 The agreement should have
framework and legal been tripartite, and included Bangladesh; it should not have
system that can make been bilateral, between India and Pakistan. Both these blunders
undermined and lowered the sovereignty of Bangladesh, becoming
their motherland a permanent shame for the nation.

”
liveable.
Not Bangabandhu’s immensely popular speeches, but his Six
Points Formula along with Bangladesh’s Shwadhinota Shonod
(Proclamation of Independence on April 17, 1971), could serve
well as Bangladesh’s constitutional ideology. Even the brutal
Pakistani leaders, including Z.A. Bhutto, acknowledged the
strength of the Six Points Formula to lay down the foundation
of a constitution of any federal government. Bangladesh is still
based on a unitary form of government; it does not need federal
constitutionalism as yet. The separate currency issue within
Bangladesh territory is completely irrelevant.24 But the spirit
of the Six Points and Shadhinota Shonod is quite relevant to
Bangladeshi constitutionalism.

Bangladeshis desperately need a constitutional framework

and legal system that can make their motherland livable, and
can keep it sustainable environmentally, with harmonious
economic growth. For this Bangladesh really needs constitutional
provisions that would remain above all kinds of partisan politics
and extremist political or religious ideas.

Should that be named as the Basic Structure of the constitution

that would maintain some order in distributing State Powers from
top to bottom? Maybe not! As State constitution primarily refers
to the formation of national institutions at all important levels
and their rules of engagement in contributing to nation building
as a whole, so, in final analysis, the interplay between vital
state institutions determine speedy and smooth growth towards
statehood.

Does Bangladesh really need some non-amendable, permanent,

perpetual, infallible, and eternal Articles or constitutional rules in
our constitution? One doesn’t need serious legal or constitutional
acumen to conclude that such kind of audacious rigidity cannot

22 The Instrument of Surrender, available at [Link]

Instrument_of_Surrender_(1971), last visited on May 13, 2014.
23 Simla Agreement, July 2, 1972, available at [Link]
Simla_Agreement, last visited on May 13, 2014.
24 The idea that Bangabandhu was wrong to claim a separate currency for then
East Pakistan is also incorrect, as still today we can see that Hong Kong has
it own currency despite that fact that it is an integral territory of the People’s
Republic of China.

60 article 2  June - September 2014 Vol.13, No. 2 & 3

work for the betterment of nation building. Moreover, it creates
a paradoxical situation: no future and fully accredited and
credible highest legislative body will be able to make necessary
constitutional amendments or changes without which Bangladesh
can get locked into a dysfunctional system, in which it exists
today. The main challenge at hand is how to fight corruption,
poverty, and prevailing impunity, which has been widely used by
“ The catastrophic
erosion of our
prevailing political
ruling elite, especially the party in power. and constitutional
system is the
The catastrophic erosion of our prevailing political and
outcome of the
constitutional system is the outcome of the concentration of State
power in the hands of very few who claim that they have the birth concentration of
right to dominate the people in every aspect of their existence and
activities. These ‘fortunate’ few are seeking life-long sole-agency
over the destiny of the people and national interests, which should
State power.
”
remain above partisan politics and all kinds of fanaticism. To this
date, we have not reached national consensus over any important
national and state-building issue.

Some politicians are still partial toward a Pakistani type of

politics, with power mongering at any cost. And, the so-called
patriotic and largest political party, in particular its central
leaders, are out to make Bangladesh completely subservient to
its mightiest neighbor, whose ruling elite are reaping benefits at
the cost of total destruction25 of the motherland: Golden Bengal.

Indulging in a Myth of Alien Constitutional Doctrine &

Its Fatal Consequences

Whatever way we wish to discover a textual justification for

the Basic Structure of the Bangladeshi constitution, we may fail
to find one, as there is no “constitutional text” for it. In fact, it is
impossible to insert such a provision in a state’s constitution, as
then many other constitutional principles and provision would
also claim such a special status. As a result, all the defenders
of the “Basic Structure” of the constitution have to argue merely
based on some presumed underlying spirit of constitutional
principles and provisions that cannot be found in the constitution.

The doctrine of basic structure is nothing but an abstract

hypothesis that tends to curtail the powers of the highest
legislative body of a democratic country where some sections or
some families look for sole agency in the process of the amending
the constitution. In a narrower sense, this perceived doctrine,
it may be argued, for the sake of political and constitutional

25 Making Bangladesh environmentally unsustainable and economically

unviable, India would not be able to help itself in any way. Rather a friendly
relation might be mutually beneficial. New Delhi has been ignoring this
possibility since the inception of Bangladesh as a sovereign State, which
is now the fifth largest remittance provider to India, which receives over $
USD 5 billion annually from a number of Indians working in Bangladesh.
The unofficial figure cannot be counted and thus one cannot tell whether
Bangladesh would lose its remittance income to India in the near future.

article 2  June - September 2014 Vol.13, No. 2 & 3 61

 stability, tries to keep some pillars of the constitutional framework
irremovable or unchangeable, so that no unconstitutional forces
can intervene in the system of governance in any unwanted
manner.

“ The ruling elite

may feel unable to
resist its ideological
However, such an impractical rigidity may prove uncalled for
and may even provoke the vast marginalized majority to resort
and religious to various types of anarchism to have their stake in running the
affairs of the State. In a broader sense, the ruling elite may feel
adversaries through unable to resist its ideological and religious adversaries through
constitutional constitutional means that cannot be challenged in any court of
means.
” law within the country. In both ways, this doctrine may put the
State mechanism in a precarious situation, which may go out of
hand at any time. To avert that possibility, the 15th Amendment
to our constitution made all kinds of national referendum of
getting public support for any amendment unconstitutional and
can therefore be regarded as anti-constitutional. This is one of
the greatest strategies of constitutional history and development
of our time.

The 15th amendment of our constitution has created way

too many controversies, too many for a Supreme Law of a
modern State. Not only has it attempted to change many age-
old and universally accepted formulas of jurisprudence and
constitutionalism, it has created too many ambiguities for a sound
legal document.26

The Fifteenth Amendment taking us nowhere

The ill-conceived ideology of the two-nation theory of colonial

London and its agents made both barbaric Pakistan and fanatic
India a reality for all people of the subcontinent. However, India
remained on the path of some kind of constitutionalism, and
Pakistan opted for militarism. Pakistan has failed to produce any
kind of system for its own federalism, but India was sincere to keep
its federal government running to avoid any catastrophe such as
a dismantling of Indian federalism that encompasses thousands
of ethnic and linguistic groups living in the Indian territories.

In 1951, the Indian Parliament decided to make its first

constitutional amendment, while, at that time the Pakistanis were
still fighting for what type of constitution it should have. Indian
politicians understood very well that the concentration of huge
capital in private hands might be detrimental to the interests of the
growing Indian state. The constitution amendment brought in 1951
known as the First Amendment Act of parliament consolidated
powers in the hands of government to resist individuals and
groups aspiring to grab properties of all kinds in the name of right
to private property. This legal idea of governmental preeminence
over national wealth was in the line of socialistic ideals about
nationalized economy, where sectors of private economy must

26 See for details, Halim, Md. Abdul, “7th Amendment Judgment: Judicial
Politics or Activism”, The Counsel Law Journal, Vol. 1, Issue 1, Oct., Dhaka,
2013, p .68.

62 article 2  June - September 2014 Vol.13, No. 2 & 3

be under the strict control of governmental agencies. After
independence in 1971, the Bangladesh government also followed
the same strategy, leading to disastrous consequence, including
the devastating famine of 1974.

In Sajjan Singh vs. State of Rajasthan , the 17th Amendment

27

Act of the Indian Constitution, relating to fundamental rights, was

“ Parliament acted
to undo the effect
of the Golaknath
challenged but it was also rejected like Sankari Parsad. Unfettered case and declared
amendment privilege of the Parliament remains untouched in
this case but the opinion was divided 3:2. Two dissenting judges, that Parliament can
Hidayatullah, based on non-amendability of a fundamental right, amend any part of
and Mudholkar JJ, based on non-amendability of basic structure,
raised doubt as to the amendability of all the provisions of the
constitution.
”
the Constitution.

The petitions against constitutional amendment were

recurrently rejected but objections against amendment were
not stopped. After the above cases, came the Golaknath case.
The Golaknath case is the first to breach parliamentary power
of unfettered amendment. I.C. Golaknath vs. State of Punjab28
established the principle of non-amendability of fundamental
rights, based on the argument of Hedayatullah J. in the Sajjan
Singh case in favor of non-amendability of fundamental rights and
not on the argument of basic feature of Mudholkar J. in Sajjan
Singh case that was the base of the later Kesavananda case.

KesavanandaBharati vs. State of Kerala29 is the landmark case

establishing the doctrine of basic structure. Parliament acted to
undo the effect of the Golaknath case and declared that parliament
can amend any part of the constitution. The Kesavananda case
discarded the argument against the non-amendability of the
provision of constitution that affects the basic structure of the
constitution.30

There are many other subsequent cases where the decision

of Kesavananda has made the basic structure dubious in some
matters and made favorable matters of fundamental rights
that should not come under the attack of any ruling party or
government. We can observe here that Indira Gandhi vs. Raj
Narain31, popularly known ‘Election case’, was filed against 39th
amendment and the decision of Kesavananda was also affirmed
in this case. Other cases in favor of the basic structure doctrine
to be noted are Minerva Mills vs. Union of India32, Waman Rao
vs. Union of India33, and A. K. Roy vs. India34.

27 AIR 1965 SC 845

28 AIR 1967 SC 1643
29 AIR 1973 SC 1461
30 See for details, Halim, Md. Abdul, Amendments of the Constitution of
Bangladesh: Legislative Versus Judicial; CCB Foundation, Dhaka, 2012, pp
43, 44.
31 AIR 1975 SC 2299
32 AIR 1980 SC 1789
33 AIR 1981 SC 271
34 AIR 1982 SC 740

article 2  June - September 2014 Vol.13, No. 2 & 3 63

 Doctrine of Basic Structure in Bangladesh

The present-day Bangladeshi constitution has been apparently

“
designed along the lines of Indian jurisprudential understanding
The present-day of constitutionalism; the constitution can be regarded as a
Bangladeshi broader legal framework for all national institutions and for the
Constitution has branches of Law yearning for a decent system of Rule of Law.
been apparently Problems with many jurists and legal minds in Bangladesh is that
designed along they believe that the overriding and overarching powers of some
people sitting at the top of important national institutions can
the lines of Indian
meet the challenges by empowering them only through dogmatic
jurisprudential activism or partisan politics. Power sharing at the State level is
understanding of not a simple legal mechanism that can ensure the supremacy of
constitutionalism.
” one state organ over others.

However, the doctrine of parliamentary supremacy is altogether

a different issue, as, through this doctrine, democratic government
wishes to uphold the theory and principle of asserting the notion
that ‘Sovereignty belongs to People.” Neither the Parliament nor
the Supreme Court of any State can violate this fundamental
constitutional principle of putting people’s interest ahead of
everything. The executive branch of government headed by
President or Prime Minister should be under the supervision and
guidance of other two branches of government. And this is not
a simple application of the theory of the Separation of Powers
within a State mechanism; it is a real check and balance system
within the state machinery to save people from arbitrary actions
or inactions of the ruling elite.

Without giving any attention to the check and balance system in

exercising state powers, an apex court cannot simply buttress the
avenues of possible use of arbitrary powers by the top executives
of the government that is no more accountable or answerable to
the people. That Bangladesh leaders are not caring about the
welfare of the people is now an established phenomenon that
can easily be understood at any time or in any event of conflict
between different political parties and forces. Things get nastier
when leaders in powers ignore not only the voices of the people,
but also the opposition leaders, who may or may not be the birds
of same feathers when it comes to grabbing State powers and
occupying seats in parliament through which they can stay in
power against the will of the people.35

The argument that the bill of the fifteenth Amendment to the

Constitution was prepared on the basis of the report of the Special
Committee for Constitutional Amendment (SCCA) on July 21,
2010, does not hold water. The claim that the SCCA held 27 formal
meetings and then came up with 51 points of recommendations is
also a political maneuvering rather than any serious expression

35 See for details, Halim, Md. Abdul, Amendments of the Constitution of

Bangladesh: Legislative Versus Judicial; CCB Foundation, Dhaka, 2012, p.
68.

64 article 2  June - September 2014 Vol.13, No. 2 & 3

of good will of accommodation of diverse legal views and opinions.
The main argument was that the Amendment was necessary
because of the judgment of the Supreme Court, headed by the
highly controversial C.J. H. Haque. The consequences of the
political drama have proved to be disastrous by any standard of
maintaining the rule of law and continuity of a constitutional legal
framework that can ensure a peaceful and creditable transition
“ The consequences
of the political
drama have proved
of power from one government to another. But after the Fifteenth to be disastrous
Amendment, as Abdul Halim claims, the constitution now creates by any standard of
dilemma and confusion.36
maintaining the rule
Provision of Basic Structure in the Present constitution
of Bangladesh: ”
of law.

Article 7A and 7B includes the provision of basic structure in

Bangladesh constitution.

Article 7A.
(1) If any person, by show of force or use of force or by any other
un-constitutional means-
(a) abrogates, repeals or suspends or attempts or conspires
to abrogate, repeal or suspend this Constitution or any
of its article ; or
(b) subverts or attempts or conspires to subvert the confidence,
belief or reliance of the citizens to this Constitution or any
of its article,
his such act shall be sedition and such person shall be
guilty of sedition.
(2) If any person-
(a) abets or instigates any act mentioned in clause (1) ; or
(b) approves, condones, supports or ratifies such act,
his such act shall also be the same offence.
(3) Any person alleged to have committed the offence mentioned
in this article shall be sentenced with the highest punishment
prescribed for other offences by the existing laws.

Article 7B

Notwithstanding anything contained in article 142 of the

Constitution, the preamble, all articles of Part I, all articles of Part
II, subject to the provisions of Part IXA all articles of Part III, and
the provisions of articles relating to the basic structures of the
Constitution including article 150 of Part XI shall not be amendable
by way of insertion, modification, substitution, repeal or by any
other means.

Under the pretext of above mentioned constitutional provisions,

any person may find himself and herself in a very dangerous
situation in the hands of any personnel of any law enforcement

36 See for details, Halim, Md. Abdul, “7th Amendment Judgment: Judicial
Politics or Activism”, In : The Counsel Law Journal, Vol. 1, Issue 1, Oct.,
Dhaka, 2013, pp. 78, 79.

article 2  June - September 2014 Vol.13, No. 2 & 3 65

 agencies, guided or misguided by any person or leaders, who are
at the helm of political power. Due to these provisions, the lines
between the political correctness and being legally prudent have
been blurred completely.

“The Constitution
has already
undergone many
Some Troubling Notes about the Fifteenth Amendment
to the Constitution
radical changes.
” Where the constitution has made no limitation, why does
the amendment attempt to impose limitation over the amending
power of the parliament? Where the original constitution has not
imposed any absolute bar on amending power is it justified to
impose such bar by way of judicial interpretation? The answer of
the antagonist to the basic structure doctrine is: no.

Rigidity in amendment of the constitution may lead to

revolution. It is argued that if all the doors and windows are
closed, the possibility of revolution looms. The Parliament has
also constituent power.37 The body that makes the constitution
is the parliament elected by the people. All parliaments should
have such power so that the opinion of the people is respected.

The constitution has already undergone many radical changes.

Why should one make an exception to such trends? If one
allows it, those amendments would be void which have already
been regarded as valid. Only dissenting Judge A.T.M. Afzal, in
the 8th Amendment case, observed, that in the absence of the
full catalogue of basic structure, nobody may know the limit of
amendment. It is inconceivable that the makers decided all the
matters and left nothing for the future. There was nothing to
prevent the makers to make such provisions of basic structure
in the original constitution if those were really wanted by them.
However, Fifteenth Amendment did this to our constitution by
making a large part of it unamendable.38

A functional constitution cannot alienate a vast majority of the

voters. In the January 5, 2014, parliamentary elections not more
than 5% of the total voters cast their votes and 153 PMs out of
300 member-parliament were declared elected without contesting
their seats. The holding of such farce parliamentary elections was
justified by a necessity of constitutional continuity that argues
that in the case of absence of other candidates the sole running
candidates should be declared as the winners.

37 The Constituent Assembly is the authority to frame a constitution. The

Parliament, on the other hand, has the power to remove from and insert into
the Constitution. That is why the Parliament also has constituent power.
38 See for details, Halim, Md. Abdul, Amendments of the Constitution of
Bangladesh: Legislative Versus Judicial; CCB Foundation, Dhaka, 2012, p.
101.

66 article 2  June - September 2014 Vol.13, No. 2 & 3

 In a similar fashion, present-day Bangladeshi constitution, as
mentioned above, declares that no future parliament can change

any article related to so-called Basic Structure of the constitution.

One-third of the constitution, as Basic Structure, which includes
a number of declarations and public speeches, can, under no
circumstances, be regarded as the text of any State-constitution.
“ Present-day
Bangladeshi
Constitution
Without mentioning any role of internal and external influence on declares that no
the design and draft of the fifteenth amendment, we can easily future parliament
argue that the flawed constitutional system the nation has been
can change any
riding now may prove to be obsolete during any given political
crisis and ultimately Bangladesh may, in desperation, need to article related to so-
adopt a new constitution to address vital issues related to power- called Basic Structure
sharing at the highest level of governance.
”
of the constitution.

article 2  June - September 2014 Vol.13, No. 2 & 3 67

 Wild West in the East:
Four stories of State persecution
Bangladesh Desk
Asian Human Rights Commission, Hong Kong

The reality of the rule of law in Bangladesh can be viewed

clearly in the experiences of victims of human rights abuses.
Daily, countless citizens fall prey to the violence of state agents.
The Asian Human Rights Commission (AHRC) has documented
numerous cases. The documentations depict a nightmarish life of
people awash with atrocities, harassment, arbitrary deprivation
of life, and denial of justice.

In recent years, abductions by men in civilian clothes, followed

by the disappearance of those abducted, has risen alarmingly in
Bangladesh. There has been no report of victims receiving judicial
remedy in cases of enforced disappearance. Amidst such chilling
realities, human rights defenders have been targeted for state
persecution, for exposing truth. Out of a few hundred documented
cases, 47 have been compiled in this edition. The incidents cover
a period from 2009 on, following rule by the military-controlled
emergency regime during a period of “democracy”.

The following four cases have been chosen by the AHRC to let
its audience know how the state apparatus – from top to bottom
– are engaged in persecuting citizens. The stories expose a harsh
truth to Bangladeshis and to the people of the world: Bangladesh
possesses neither democracy nor the rule of law.

The case of Adilur Rahman Khan

There is similarity between the detention and harassment

of Adilur Rahman Khan (See Story No. 1) and the ordeals faced
by victims of disappearances in Bangladesh. The agents of the
state who picked up Adilur did not wear any law-enforcement
agency uniform. No warrant was presented to Adilur concerning
any criminal charge against him. When a team from Odhikar
approached the nearest police station, the Gulshan station, the
police personnel there expressed ignorance about Adilur’s arrest.
Even by midnight on 10 August 2013, two hours after Adilur was

68 article 2  June - September 2014 Vol.13, No. 2 & 3

picked up, the Gulshan police had no official record to justify
Adilur’s arrest, and no information specifying his whereabouts.

Following intervention from media and human rights defenders,

the police admitted that the Detective Branch (DB) of the Dhaka
Metropolitan Police had arrested Adilur. The police registered two
General Dairy Entries (GDEs) against Adilur after detaining him.
“ The prosecution
witnesses for the
case are police
They produced him before the Chief Metropolitan Magistrate’s officers and people
(CMM) Court of Dhaka the following morning under the two defined by the
GDEs. The CMM Court sent him to police remand for five days
in violation of the law. Adilur’s wife had to challenge the CMM
police as “experts”
Court’s order before the High Court to protect her husband from of information
torture in remand.

The events suggest the government actions were arbitrary.

technology.
”
Their intention superseded the purview of law in Adilur Rahman
Khan’s case. The subordinate judiciary, i.e. the Magistracy and
the Cyber Crimes Tribunal, acted as if it was the tool in the hands
of the government, mandated to harass human rights defenders.
The judge of the Cyber Crimes Tribunal, Dhaka, would disappear
from his office on the dates when the Tribunal was supposed
to entertain the applications of Adilur’s lawyers. Not having the
judge’s signature on certain documents prevented the lawyers
from seeking remedy in higher courts. No official explanation was
made public about the judge’s absence. This absence appears
deliberate.

The police investigation reports accusing Adilur and Elan of

committing crimes under the Information and Communications
Technology Act, 2006, is nearly a verbatim copy of the General
Diary Entries. The prosecution witnesses for the case are police
officers and people defined by the police as “experts” of information
technology. Testimony of such governmental “experts”, who have
no known background in the field, can jeopardize the rights to a
fair trial and justice if treated as credible by judges.

The Attorney General undermined the independence of the

judiciary. His office intervened and stalled the release of the two
detained rights defenders. As a result, even after Adilur and Elan
were granted bail, and the court order had reached the prison
authorities, they were not released. Ultimately, Elan was released
two days later, and Adilur was released three days later.

The repression of Odhikar and its key leaders indicates that

the government of Bangladesh stands against them. All this is
organised by the regime to close down Odhikar and silence the
voices of independent human rights defenders like Adilur Rahman
Khan. In Bangladesh, no remedy is accessible or affordable to
protect oneself from persecution by the state.

article 2  June - September 2014 Vol.13, No. 2 & 3 69

 The case of Mohammad Imam Hassan

Ruhul Amin and his wife Minara Khatun (See Story No. 8)

“
talked to their son in the office of the RAB-2 on four occasions,
The judiciary in after paying a 40,000 taka bribe. As parents, they tried their best
Bangladesh does to rescue their son from the custody of the paramilitary force,
not believe it has which officially claims to be an “elite force”. The “eliteness” of the
any responsibility to RAB lies in bribery and a trade in crime, amidst impunity. The
provide a remedy to RAB’s involvement in any crime – as offenders, facilitators, or
masterminds – prevents other state institutions from executing
an average justice-
their mandate. Police refusal to record Ruhul’s complaint while
seeker.
” his son was in RAB custody again exposes this reality. The RAB,
apart from demanding bribes, insisted that the parents file a
complaint with the police, as a precondition for Badal’s freedom
from its custody. This kept the parents busy with the police. At the
same time, the police know that they are not allowed to register
complaints if there is any hint of RAB involvement in any alleged
crime. The refusal of the police to register such a complaint shut
the doors to the Magistracy for victim’s relatives.

The Supreme Court, as the last resort for victims of state

orchestrated crimes, seals victims’ fates by conducting result-
less actions. Imam Hassan Badal’s case is just one of the habeas
corpus writs filed. There have been, at least, a few hundred
disappeared victims since 2009. The High Court Division of the
Supreme Court held only one hearing to issue a Rule against the
respondents in Badal’s case. The judiciary in Bangladesh does
not believe it has any responsibility to provide a remedy to an
average justice-seeker. Rather, it is the victims’ sole responsibility
to keep pursuing their cases, hoping that hearings will not be
stalled, and dreaming of a just result. Often, even the High Court’s
Rules are ignored by law-enforcement agencies. The respondents,
due to the absence of judicial consequences, do not respond to
the Rules in time. Subsequently, Rulings against state agents in
cases of grave human rights violations become a mere joke for
the perpetrators, and a fruitless exercise for the relatives of the
victims. The law-enforcement agencies consistently keep denying
their responsibilities for disappearing the citizens concerned.

Bangladesh’s incumbent Attorney General remains ever

prepared to serve state perpetrators. The Attorney General
sometimes takes the role of a postman and sometimes becomes
a microphone of the law-enforcement agencies, when the cases
of disappearance or extrajudicial executions are heard in the
Supreme Court. He submits the law-enforcement agencies’
denials that are no different from the media release circulated
by the agencies. The Supreme Court, which is overburdened
with politicised recruitments, accepts such denials. Matters get
stuck there without any remedy for victims. The highest judiciary
has not provided any remedy to victims of disappearance since
2009, in terms of rescuing disappeared persons or punishing
perpetrators. The Supreme Court has not yet taken enforced
disappearance seriously. There have been no directives from the

70 article 2  June - September 2014 Vol.13, No. 2 & 3

Court regarding the pattern of disappearances in Bangladesh.
Relatives of victims run around with hope and end up in despair.
Ultimately, all the state apparatus offers to the people is distrust,
despair, and sheer terror.

The case of Limon Hossain “ All the

institutions –
the complaint
Limon Hossain’s (See Story No. 14) case informed the people mechanism,
of Bangladesh of how the Rapid Action Battalion is a highly the criminal
destructive paramilitary force. The “elite” paramilitary force
deliberately shot an innocent college student to further its
investigation units,
business of “success” in crime control. The case shows how the prosecution, and
difficult it is for a victim to register a complaint against offenders the judiciary – are
belonging to the state despite massive public support. One may exposed in this case
imagine conditions of tens of thousands of victims of human rights as a mere facade to
abuses that get no publicity or support. Limon’s case shows how protect the criminals
crimes of the law-enforcement agencies maim not only individual
victims but also the criminal justice institutions of the country.
The criminal investigation by the police tried to turned truth to
falsehood and the investigation report claimed wrong as right.
”
of the State.

The prosecution complied with the cover up by rubberstamping

the police reports. The Magistracy and Sessions Courts proved
that they do not exist as institutions for administering justice.
The Sessions Court of Jhalkathi deferred Limon’s mother’s
revision petition nine times. All the institutions – the complaint
mechanism, the criminal investigation units, the prosecution,
and the judiciary – are exposed in this case as a mere facade to
protect the criminals of the state. They survive to brand innocent
citizens as criminals.

This case also exposes how the National Human Rights

Commission stands against people’s aspirations for justice. By
insisting that Limon’s family withdraw the case against officers
of the RAB, the NHRC Chairman showed his complicities with
the government’s position, denying justice to victims of human
rights violations.

The state compounds crimes of its own agents at the cost of

taxpayer money, wellbeing, and hope. The policymakers of the
state dance according to the requirements of the militarised
agencies. The state stands united against ordinary citizens.

The case of F.M. Abdur Razzak

A police team stayed in F.M. Abdur Razzak’s village home (See

Story No. 16) from 9 December 2011 to 3 December 2013. Around
eight members led by a Sub Inspector (SI) of Police, and comprising
an Assistant Sub Inspector (ASI) and six Police Constables were
there for the first six months. Later, the number reduced to four
to five personnel led by an ASI. During the two years presence
the police could not help Razzak’s family establish their right to
afford their own property and crops. The police team was a passive
spectator of numerous crimes against Razzak’s family, committed

article 2  June - September 2014 Vol.13, No. 2 & 3 71

 by the gang of the military officer’s brother. For example, the police
did not prevent the offenders from cutting down trees of Razzak’s
family or catching fish from Razzak’s pond.

“ The police filed

untrue investigation
reports against the
Razzak and his family have not yet been able to exercise their
right to harvest their crops from their own lands despite the police
presence. Some members of the police were found playing carom
defendants in all with the perpetrators. A few police personnel were compassionate
these fabricated to Razzak’s family and expressed their helplessness in establishing
his family’s right to enjoy their own assets. Officially, there were
cases, due to no supplies of food for the on duty police personnel at Razzak’s
pressures from the house during the entire period. Razzak’s family, who did not have
military officer and enough for everyone, nevertheless often shared their meals with

”
bribery. the police personnel as a result. The Officer-in-Charge (OC) of
the Paikgachha police station withdrew the forces from Razzak’s
home on 3 December 2013 because of “security threats to the
police”, according to a General Diary Entry registered with the
Paikgachha police. The police took the advantage of the High
Court’s order, which did not have any specification about the
duration of the presence of police in Razzak’s home. One can
easily assume the condition of the general public’s security in a
particular place when the law-enforcement agency itself claims
to be under “security threat”.

In last four years, 15 cases were registered by the perpetrators

against Razzak, his family members and others who stood beside
them either in public or in a Court of law. Seven out of the 15 cases
are GR (General Registrar) cases; seven non-GR cases and a CR
(Complaint Registrar) cases filed by the perpetrators. The police
filed untrue investigation reports against the defendants in all
these fabricated cases, due to pressures from the military officer
and bribery. Seven Non-GR cases and a GR case are under trial
in the Village Courts. Seven other cases are under trials before
the relevant Courts. At least, in three cases the defendants, e.g.
Razzak and his relatives and friends, may be convicted due to the
distorted police report and false deposition by the perpetrators.

During the same period Razzak, his father, brother and few
neighbours had filed seven criminal cases regarding physical
attacks on them and looting of their assets by the perpetrators.
One of these cases was the attempted murder of Razzak following
abduction and gouging his eye described earlier. Only in this
case the police have filed a relatively fair investigation report
to the Court due to numerous pressures from the international
human rights organizations including the Asian Human Rights
Commission. And, in the rest of the cases the investigation reports
were poorly made which benefited the perpetrators.

Apart from the criminal cases, Razzak filed a civil case seeking
his right to enjoy all his properties that are illegally occupied by
the perpetrators. In response to Razzak’s claim for a permanent
injunction on occupying his family’s properties the Senior

72 article 2  June - September 2014 Vol.13, No. 2 & 3

Assistant Judge’s Court of Paikgachha has yet to conclude its
order since 23 March 2011.

The reality that Razzak and his family have been forced to face
in Bangladesh says volumes about the condition of the rule of
law of the country. Military officers are publicly perceived to be
above the law in Bangladesh. The power of an army officer and
“ The State never
tries to realize how
the people feel when
his family’s gang seems to be much stronger than the institutions they have to live with
that are obliged to uphold the rule of law. Moreover, one of in- the utter absence of
laws of the military officer is a high profile official at the Office of
the Prime Minister. Because of the governmental endorsements
rule of law that ruins
the country’s military rules do not apply to him. Impunity and
corruption reign in the nation replacing the rule of law. ”
their life.

It is hard to believe that human beings are behind the operation

of the state apparatus in Bangladesh. The state compounds
endless crimes orchestrated by a military officer and his goons.
Institutionally, there is hardly any visible feeling about the plights
of Razzak and his family. Their houses were looted without any
protection from the state. Their valuables were taken with the
knowledge and acceptance of the police. They were prevented from
harvesting and growing new crops in their own lands without any
affordable remedy. The elderly, the women, and the children were
forced to live a life of gypsy for more than a year. People of all ages
and gender of the family and their well-wisher-neighbours had
to survive physical attacks, some of which were deadly, that the
law-enforcement agencies had complicit to the crimes. For four
years the family has been witnessing that those who attempted to
assassinate their dear ones are taking the fruits of their orchards
away. The same perpetrators are consistently enjoying fish from
their own ponds. The offenders are cutting away the matured trees
from the family’s lands to make money. The family of Razzak has
to witness of all these painful illegal actions without any possible
remedy. The state never tries to realize how the people feel when
they have to live with the utter absence of rule of law that ruins
their life.

Conclusion

These four individual cases include almost all the institutions

of the state. The Office of the Prime Minister, the highest executive
power of the state, the military and paramilitary forces, the police,
the prosecution, the judiciary, and other civil administration
of the country are directly involved in these cases. The most
recent example is the seven persons’ abduction and subsequent
disappearance by the RAB in Narayanganj in April 2014 for
bribery. The rest of the cases published in this edition of article 2
shows how justice is deliberately denied to the victims of torture
and extrajudicial executions. The people’s life – from rural to
urban – is chained with state orchestrated repressions. Can such
a life be imagined in any rule of law based democracy?

article 2  June - September 2014 Vol.13, No. 2 & 3 73

 CASE STUDIES
Forty seven cases of unresolved
killing, torture and disappearance
in five years
Bangladesh Desk
Asian Human Rights Commission, Hong Kong

Story 1: Human rights defender, Mr. Adilur Rahman Khan

arbitrarily detained

Victim:
Mr. Adilur Rahman Khan, Supreme Court lawyer, human rights
defender, Secretary of Odhikar, and former Deputy Attorney
General for Bangladesh, currently residing at House no-35, Road
no-117, Gulshan, Dhaka – 1212.
Alleged perpetrators:
Officers of the Detective Branch, Dhaka Metropolitan Police, 36
Minto Road, Dhaka, Bangladesh, namely Mr. Masudur Rahman,
Deputy Commissioner (Intelligence) and Mr. Abu Yusuf, Assistant
Commissioner.
Adilur Rahman Khan Date of incident: 10 August 2013 at 10:20 p.m.
Place of incident: Compound of Mr. Adilur Rahman Khan’s residence
in Gulshan, Dhaka.

AHRC-UAC-104-2013; AHRC-FOL-009-2013; AHRC-

STM-142-2013; AHRC-STM-144-2013; AHRC-STM-166-2013;
AHRC-STM-180-2013; AHRC-STM-184-2013; AHRC-
STM-074-2014; AHRC-FPR-012-2014

On 10 August 2013, members of the Detective Branch of Dhaka

Metropolitan Police forced their way into the residential compound
of Mr. Adilur Rahman Khan and took him into custody without
explanation or warrant. On August 11, the police refused filing
a case against the victim. An officer claimed that Adilur “has
distorted facts about Hefazat-e-Islam and distorted photographs
using Photoshop…” as justification for his arrest. The remand
hearing was held in the Chief Metropolitan Magistrate’s Court
of Dhaka. Adilur’s lawyers were not provided any documents
related to the charges against their client. Adilur was detained

74 article 2  June - September 2014 Vol.13, No. 2 & 3

for 62 days in prison. He was subsequently released on bail –
granted by a High Court Division Bench of the Supreme Court
of Bangladesh – in the wake of continuous pressure from the
international community.

The Government established a special court, a Cyber Crimes

Tribunal, in Dhaka, to prosecute Adilur. He was put on trial for
the alleged crime of violating the Information and Communications
Technology Act, 2006. The police and so-called “cyber experts”
chosen by the government are the only witnesses proposed by
the prosecution in the Cyber Crimes Tribunal. The judge of
the Tribunal, Mr. A.K.M Shamsul Alam, consistently refused
to provide certified copies of his order to Adilur’s lawyers. The
judge was absent from his office without good reason whenever
the lawyers’ applications for certified copies were supposed to be
entertained.

A High Court Division Bench, following Adilur’s writ petition,

stayed the trial at the Cyber Crimes Tribunal. Subsequently,
however, the Attorney General’s Office challenged the stay order of
the High Court before the Appellate Division of the Supreme Court.
The trial is likely to resume following the Supreme Court’s order.

Apart from harassing Adilur Rahman Khan, the government is

also harassing his family, and the staff and volunteer human
rights defenders linked to his organization Odhikar. Mr. A.S.M.
Nasiruddin Elan, Odhikar’s Director was also detained in prison
for the same reason as Adilur. Both Adilur and Elan had to
approach the High Court Division to secure bail. Prison officials
did not release them when they received the High Court’s
order; instead, they stalled the release on the instruction of the
Attorney General’s Office. Family members, staff, and human
rights defenders linked to Adilur and Odhikar still face constant
surveillance by the intelligence agencies and policemen in civilian
clothes.

Odhikar’s bank accounts related to its current projects have been

frozen by the banks following instructions from the Bangladesh
Bank, the state bank of the country. As a result, the organisation
is unable to carry out its work and pay staff salaries. The
government has engaged the NGO Affairs Bureau (NGOAB), a wing
under the Office of the Prime Minister, and the Anti-Corruption
Commission (ACC) to investigate Odhikar’s alleged financial
irregularities. Since August 2013, the ACC, via phone calls, has
asked Odhikar to send its audit reports to their office insisting
that they are “just checking”. In January 2014, Adilur found that
in July 2013 the ACC had filed a money-laundering case against
him and his colleague Elan. Virtually every week persons either
from the NGOAB, the ACC, or from the law-enforcement agencies
visit the Odhikar office.

Suspicious individuals in civilian clothes, with private vehicle or

motorbikes, have been seen loitering in front of the main gate

article 2  June - September 2014 Vol.13, No. 2 & 3 75

 of the building where Odhikar’s office and Adilur’s residence
are situated. The security guards of the building, car drivers for
Adilur’s family, domestic helpers, and visitors to the office remain
under constant surveillance. These suspicious men insisted that
the visitors, guards, drivers, and helpers share their personal cell
phone numbers and provide information on the whereabouts of
Adilur from time to time.

The NGOAB had previously approved Odhikar’s projects; the

required submissions, such as audit reports, were made in a
timely manner. Now, the NGOAB acts as if it intends to shut the
organization and wipe out its rights activism. The NGOAB officials
often call staff members of Odhikar on the phone, asking the latter
sending bills, vouchers, and audit reports. However, the NGOAB
is careful not to send official letters for with such demands. They
have often asked Adilur and Elan over phone to appear instantly
before the NGOAB for “cooperating” with them.

A statutory institution like the Anti-Corruption Commission (ACC)

has also been acting as a government instrument mandated
to persecute critics of the government regarding human rights
abuse. Like the NGOAB, its officials have called Adilur and Elan
on the phone, asking them to visit the ACC office, immediately, for
“cooperation”. Once Adilur and Elan showed up, they found the
ACC had called a number of pro-government private TV channels
for a live broadcast related to an alleged money laundering case
against the two human rights defenders, who did not have any
prior knowledge about such a case. On 21 January 2014, the
ACC officials insisted Adilur and Elan to sign on papers, which
appeared to be “statements being recorded under Section 161 of
the Code of Criminal Procedure”.

Being a professional lawyer Adilur refused to sign any document

without checking the details. While arguing with the ACC officials,
Adilur eventually saw a paper containing information of a case
(No. 58) filed in July 2013, accusing him and his colleague Elan
for an alleged money laundering. The ACC did not inform these
defendants, orally or in writing, about such a case. Moreover,
they called the TV channels beforehand to broadcast live details
related to the case against Adilur and Elan. Thus, in absence of
an independent media, the pro-government private TV channels,
newspapers, and online news portals have published untrue
reports on Adilur. It is understandable that the ACC, which has
been acting as a government tool and facilitating the process of
Adilur’s character assassination through media, may instigate
prosecution against Adilur and Elan at any time.

Story 2: Abduction and stabbing of an activist who exposed

illegal sand mining

Victim:
1. Mr. Shahed Kayes, executive director of Subornogram
Shahed Kayes Foundation, based in Sonargaon in Narayanganj district. He is

76 article 2  June - September 2014 Vol.13, No. 2 & 3

 a human rights defender and poet.
2. Mr. Kamruzzaman Dipu, a volunteer at Subornogram Foundation.
3. A citizen of the United States working as a Peace Fellow at
Subornogram Foundation in Bangladesh.
Alleged perpetrators:
1. Mr. Subid Ali Bhuyan, a parliamentarian of Comilla district, who
is a retired Major General of the Bangladesh Army
2. Ms. Selina Islam, owner of Four Point Trading & Construction
Ltd.
3. Mr. Zakir Hossain, owner of Jalal Enterprise, resident of
Sonakanda of Meghna in Comilla district.
4. Mr. Md. Mohsin, a person associated with the Four Point Trading
& Construction Ltd., owned by Selina Islam.
5. Mr. Osman Gani, son of late Amir Ali, president of Bangladesh
Awami League of its Ward No. 6 Unit of Baradi Union Parishad,
ex member of Baradi Union Parishad, Nunertek, Baradi,
Sonargaon, Narayanganj.
6. Mr. Zakir Hossain Zakaria, son of Mr. Sadar Ali (former member
of Union Parishad), Nunertek, Baradi, Sonargaon, Narayanganj.
7. Mr. Hossain Mian, son of late Mongol Ali, resident of Nunertek
(Chuadanga) of Sonargaon, Narayanganj.
Date of incident: 25 July 2013 at at 2:15 pm Place of incident:
Meghna River near Baiyder Bazaar under the jurisdiction of the
Sonargaon police station in Narayanganj district and Farazi Kandi
under the jurisdiction of Meghna police station in Comilla district.
AHRC-UAU-022-2013; AHRC-STM-139-2013; AHRC-
STM-138-2013; AHRC-UAU-033-2012; AHRC-UAC-033-2012;
AHRC-HAG-003-2011

On 25 July 2013, Mr. Shahed Kayes and two others were on

a boat on the Meghna River when they were intercepted by 6
unknown people in 2 speedboats. Shahed Kayes allegedly agreed
to join the strangers if they allowed his friends to stay on their
boat.

The perpetrators then took the victim to an island in a different

river where they were joined by others. This group then began
to beat Shahed with sticks as well as stab and slash at him
with a knife. During this attack, the victim believes he heard
the attackers accuse him of causing them financial loss with
his activism and promised that they would kill him. The victim
was also able to identify some of the attackers as members of a
company he was targeting for illegal sand mining.

The victims’ friends convinced the local police to intervene

and save Shahed, but they did not apprehend the perpetrators.
Shahed was then admitted to a local hospital for treatment of
numerous blunt traumas as well as knife wounds to his shoulder,
neck, and wrist.

The victim filed an FIR report, naming the perpetrators he was

able to identify. Police later were able to make a single arrest.

article 2  June - September 2014 Vol.13, No. 2 & 3 77

 Story 3: Man dies in police custody after court ignored him
being tortured

Victim: Mr. Rizvi Hassan, 26, married with two children, of Alambari
village, Roshangiri Post Office, Fatikchhari upazila, Chittagong.
Alleged perpetrators:
1. Shariful Islam, Sub Inspector of Police, Hat Hazari police station
2. Sub Inspector Anis
3. Mithun Barua, Sub Inspector of Police
4. Manzur Kader Mazumder, Inspector of Police and Officer-in-
Charge (Investigation) All are attached Fatikchhari police station
of Chittagong district
5. Mr. A F M Nizam Uddin, Assistant Superintendent of Police
(ASP), Hat Hazari Zone, Chittagong Date of incident: 26 March
– 17 April 2013 Place of incident: Hat Hajari Police Station of
Chittagong district
AHRC-UAC-100-2013

On 26 March 2013, Rizvi Hassan was arrested by some

policemen. During the following ten days he was detained and
intermittently tortured at various locations. The torture included
injections with unknown chemicals, beatings, electrical shocks,
and simulated drowning with spiced water among other acts.
During this time the police also attempted to get the victim to
produce fire arms for them, and they forced him to sign several
documents and pieces of paper without explaining their purpose.

On April 5, the police brought him to court and asked for 20

days remand on two charges, the court granted seven days, and
the detention and the torture continued for another week.

On April 12, the police again produced the victim in court,

claiming to have found weapons in his possession, and asked for
an additional ten days remand. The victim, on suggestion of his
attorney, informed the court that the police were torturing him
and revealed the injuries so caused. The court allowed the police
three more days remand; however the police kept the victim for
another five days and continued to torture him.

On April 17, the police again produced the victim in court,

claiming he was involved in a robbery and asked for an additional
five days of remand. The court granted one day of remand. This
time the victim was held in a different police station and was not
tortured. However, his health had declined to the point where he
needed medical treatment that the prison was unable to provide.

On 26 June 2013, the victim’s brother, Mr. Nazim Uddin,

demanded that Rizvi be immediately released and the fabricated
cases against him be dropped.

78 article 2  June - September 2014 Vol.13, No. 2 & 3

Story 4: Police tortures a businessman to death for failing
to pay bribe

Victim: Mr. Shamim Reza, 26, son of Mr. Alauddin Mian,

businessman by profession, of Protaper Chor village, under the
jurisdiction of Sonargaon police station in Narayanganj district.
Alleged perpetrators:
1. Atiqur Rahman Khan, Inspector of Police & Officer-in-Charge
(Administration), departmental proceedings
2. Arup Torofdar, Inspector of Police, withdrawn to Police
Headquarters
3. Poltu Ghosh, Sub Inspector of Police, withdrawn to District police
line
4. Uttam Prashad Basak, Assistant Superintendent of Police
(Circle-B), attached to Narayanganj District.
Nos. 1, 2 and 3 are attached to Sonargaon Police Station of
Narayanganj district.
Police Office, stationed in Sonargaon, and punishment transfer
ordered
Date of incident: 14 May – 22 May 2013
Place of incident: House of Police Inspector Atiqur Rahman Khan,
adjacent to Sonargaon Police Station
AHRC-UAC-097-2013

On 14 May 2013, policemen attached to Sonargaon police

arrested Mr. Shamim Reza without a warrant after they raided
and ransacked his house. He was detained for several days. When
his brother saw him on May 17, Shamim appeared to be severely
injured and was unable to move. He was certain that the police
intended to beat him to death for failing to pay a bribe demanded
from him by Atiqur Rahman Khan, Inspector of Police and the
Officer-in-Charge.

On May 20, Shamim, after agreeing to confess to an unrelated

murder, was taken to court which subsequently ordered him to be
admitted for medical treatment. In spite of this he died on May 22.

On May 23, the Superintendent of Police (SP) of Narayanganj

district formed a three-member probe committee to investigate,
but the family complained that two of the committee members
were involved in the incident and therefore biased and held a
protest regarding the issue. After protests began to cause traffic
problems, the Inspector General of the Bangladesh Police formed
another probe committee on May 24. The resulting report was not
made public, though media sources determined it did recommend
initiating departmental proceedings against several members of
the police that were involved.

On May 28, the victim’s father filed a writ petition with a

Division Bench of the High Court seeking arrest of the alleged
perpetrators, but that bench refused to hear the petition.

article 2  June - September 2014 Vol.13, No. 2 & 3 79

 But on June 13, the victim’s widow filed a similar petition and
The Magistrate of the Court ordered that the complaint be taken
into cognizance and that an investigation report be submitted
along with the report regarding the Unnatural Death complaint
registered with the Shahbagh police station of the city of Dhaka
before 31 July 2013.

Story 5: Families of victims killed by RAB officers threatened

for filing complaint

Victims:
1. Mr. Korban Ali, an electrician, 25, son of Mr. Lokman Hossain,
of Mutubi village of Sonaimuri upazila under Noakhali district
2. Amena Akhtar, 13, of Mutubi village of Sonaimuri
3. Saddam Hossain, 20, of Mutubi village of Sonaimur
Alleged perpetrators:
1. Mohammad Jashim Uddin, Deputy Assistant Director (DAD)
2. Corporal (Cpl) Mohammad Ansar Uddin
3. Cpl Mohammad Belal Hossain
4. Sree Chondron Kumar Chowdhury, Assistant Sub Inspector
(ASI)
Korban Ali 5. Mohammad Kamal Hossain, ASI
6. Mohammad Mostafa Kamal, ASI
7. Nur Mohammad Sardar, Habilder
8. Mohammad Ansar Uddin, Nayek
9. Mohammad Mohosin Ali, Police Constable of Rapid Action
Battalion (RAB)-11
All are attached to RAB -11
10. Deputy Inspector General (DIG) of Chittagong Range of the
Bangladesh Police
Date of incident: 1 March 2013 Place of incident: Mutubi village of
Sonaimuri upazila under Noakhali district
AHRC-UAC-086-2013

On 1 March 2013, members of a local community attacked a

RAB van by pelting it with throwing. The RAB officers retaliated
by firing at the attackers as they left a mosque near Sonaimuri
a short time later. During the attack, Mr. Korban Ali was shot in
the head and died instantly. The RAB officers took his body with
them as they left.

On 2 March 2013, the RAB filed their report of the incident,

which included a claim that the attack on their vehicle had
included gunfire. The report, however, contained numerous
inconsistencies regarding the timing of the event and the fatal
injuries Mr. Korban Ali had suffered.

On 10 March 2013, the victim’s father, Lokman Hossain, filed

a complaint with the Noakhali Judicial Magistrate’s Court against
ten different law enforcement offices. This procedure was used
presumably because the police would refuse filing a complaint
themselves.

80 article 2  June - September 2014 Vol.13, No. 2 & 3

 The magistrate then asked the Officer in Charge (OC) of
Sonaimuri Police Station to submit an inquiry report to the Court,
instead of ordering the police to register the petition as a First
Information Report (FIR). The police have not yet submitted its
inquiry report to the Court.

The family of the victim subsequently received numerous

threats both in person and by phone from individuals employed
by the state.

Story 6: Police forced two women whom they tortured to

recant their testimonies in front of a judge

Victims:
1. Ms. Sumaya Sultana Seema, 18, student of Intermediate First
Year at Dr. Abul Hossain College at Pangsha of Rajbari district,
daughter of late Mr. Abdus Salam Mollah and Mrs. Aleya Akhter
2. Mrs. Aleya Akhter, 50, widow of late Mr. Abdus Salam Mollah,
and mother of Ms. Sumaya Sultana Seema
3. Mr. Arif Hossain, 14, son of of Mrs. Aleya Akhter
4. Mrs. Runa Akhter, 25, daughter of Mrs. Aleya Akhter
Three of them are residents of a rented house at Beradanga village
under the jurisdiction of Sadar police station in Rajbari district,
from Baroipara village under the jurisdiction of Khoksha Police
Station of Kushtia district. Runa Akhter lives in Goalanda under
the jurisdiction of Rajbari district.
5. Ms. Piyari Khatun Priya, 21, cousin sister of Sumaya Sultana
Seema, resident of Baroipara village under the jurisdiction of
Khoksha Police Station of Kushtis district 6. Mrs. Mariam Begum,
70, mother of Mrs. Aleya Akhter, resident of Beradanga village
under the jurisdiction of Sadar police station in Rajbari district
7. Mrs. Husneyara, 50, wife of Mr. Altaf Hossain Master, a
resident of Taherpur village under the jurisdiction of Khoksha
Police Station of Kushtia district
Alleged perpetrators:
1. Mr. Masud, Assistant Sub Inspector (ASI) of Detective Branch
of Police, Kushtia district
2. Mr. Harendra Nath, Officer-in-Charge (OC) of Khoksha Police
Station, Kushtia
3. Mr. Md. Abdur Razzak, Officer-in-Charge (OC) of Kumarkhali
Police Station, Khushtia
4. Officers of the Detective Branch (DB) of Police in Kushtia district
since the incident of arbitrary detention
5. Mr. Md. Jainul Abedin, Additional Superintendent of Police of
Kushtia district
6. Mr. Mafiz Uddin, Superintendent of Police of Kushtia district
Date of incident: From 3am on 10 September 2012 to date
Place of incident: Police stations and offices of the police in Kushtia
district
AHRC-UAC-027-2013

On 10 September 2012, 12 armed policemen from Khoksha

came to the home of the victim looking for her 14-year-old son

article 2  June - September 2014 Vol.13, No. 2 & 3 81

 for his alleged involvement in a murder. When it became clear
the son was not there, they asked the remaining family to come
to the police station. The family refused and the officers began to
take them into custody.

After being begged by one of the victim’s daughters, the police

chose to only apprehend Mrs. Aleya and Seema. On the way to
the police station, the officers sexually assaulted Seema.

For several days, the two women were beaten, suffered electric
shocks; tortured by application of nails, boiling water, and green
chili paste; and subjected to other forms of assault. Mrs. Aleya
was also forced to do chores around the police station. Seema
began to show signs of physical and mental stress, and attempted
to hang herself.

On September 19 the two were released on bail. On September

26 they were cleared of the charge of suspicious behavior.
However, the police immediately submitted a petition demanding
the detention of the two women until the completion of the
investigation of the murder which was granted. On October 1, a
Division Bench of the High Court began proceedings intended to
lead to action against the perpetrators.

On October 4, the court was to hear a writ petition filed on

behalf of the victims but this was repeatedly delayed. When the
bail petition was heard on October 14, the court refused to pass
any order. In spite of repeated requests by the victims’ legal team,
the court also refused to give an explanation for their position.

On October 31, victims Aleya and Seema were again released on

bail after third parties threatened to investigate judicial corruption
and intervention against court judges by several human rights
groups. The victims claimed that they tried to register a case
against the perpetrators, but that the police threatened their
family and refused to register their case.

On November 23, the victims were abducted upon the orders

of the Additional Superintendent of Police of the Special Branch
of the police of Kushtia district. They were then presented to the
Superintendent who again threatened them and their family.

On November 29, the victims were abducted again and brought

to court by two officers in civilian dress where there were forced
to recant their allegations in front of a judge who subsequently
declared the case closed.

Story 7: Sick and starving elderly denied allowance, relief

cards for failing to pay bribe

Victims:
1. Ms. Saimal Beowa, 76, village Talukghorabandha, post-
Pabnapur of subdistrict Palashbari in district Gaibandha

82 article 2  June - September 2014 Vol.13, No. 2 & 3

2. Ms. Rokeya Beowa, 88, of village Ghorabandha, post Halimnagar
3. Ms. Khukhi Beowa, 75, of village Kisamot Gopalpur, Post-
Badiakhali-5760 in Gaibandha Sadar sub- district, District-
Gaibandha
Alleged Perpetrators:
Officials of the Union Health and Family Welfare Centre (UHFWC)
in Monohorpur and local Union Council members
Place of incident: Palasbari sub-district, Gaibandha district,
Rangpur Division
AHRC-HAC-009-2013

From 29 April 2010 to 22 January 2013, all the victims were

entitled to “elderly allowance” and some for “widow allowance.”
However, these are denied to the victims without explanation
(except in one case where the elderly woman’s age was recorded
incorrectly). As a result, they had to beg for food.

They were not able to eat properly. Their health condition

deteriorated compounded by their preexisting poor health. These
women lived too far from public health institutions and could not
even afford to pay transportation costs. These individuals believed
they were denied of their allowances and relief cards because they
failed to pay bribes due to their financial status. Others claim
that they are unwilling to speak out on the matter because they
fear they may be assaulted by corrupt officials.

On several occasions, Mr. Mofiz Uddin visited Union Council

members and the Chairman in order to ask for relief. Despite
being given the hope of receiving access to the social welfare
programmes, Mofiz Uddin and his wife have not received any
government assistance.

Another individual, Sakina Beowa, allegedly paid a bribe of

1000 BDT (approximately USD 15) to a Union Council member
and the Chairman in hopes of receiving relief. However, she did
not get either the relief card or her money back for almost a year
and a half. She was eventually refunded 300 BDT (USD 5). She
claims that it is impossible for a poor person like her to manage
3000 BDT (USD 44), which is believed to be the unofficial rate of
bribe, to obtain a relief card.

Other victims are unable to beg due to illness and/or their

deteriorating physical condition and have to rely on family and
friends to collect resources on their behalf. Some have also had
family members appeal to the Union Council members on their
behalf. In spite of this, aid is still not forthcoming and the victims
believe this is because they are unable to afford the appropriate
bribes.

Story 8: To release an exfiltrated abductee the RAB demands

bribes from the family

Victim:
Mr. Mohammad Imam Hassan, age 24, employed in a shutter and

article 2  June - September 2014 Vol.13, No. 2 & 3 83

 grill-making factory at Tejgaon Industrial Area, Dhaka. Also known
as Badal, he is a resident of 250 Tejkunipara under the jurisdiction
of Tejgaon Industrial Area Police Station, and originally hails from
Dakkhin Rajnagar village, under the jurisdiction of Sadar Police
Station, Panchagarh district.
Alleged perpetrators:
1. Mr. Raju, Sub Inspector, Rapid Action Battalion (RAB)-2, Sher-
E-Bangla Nagar, Dhaka
2. Mr. Mahbubur Rahman, Officer-in-Charge, Tejgaon Police
Station
3. Mr. Mohammad Zakir Hossain Mollah, former Officer-in-Charge,
Sher-E-Bangla Nagar Police Station, currently Officer-in-Charge,
Sadar Police Station, Gopalganj district
4. Mr. Mohammad Hossain, Deputy Commissioner, Tejgaon Zone,
Dhaka Metropolitan Police
5. Mr. Saiful Islam Shanto, Superintendent of Police, Detective
Branch of the RAB
6. Mr. Ziaul Ahsan, Lieutenant Colonel, Bangladesh Army,
seconded to the RAB, Director, Intelligence Wing, RAB
Headquarters
7. Mr. Soleman, Member of RAB-2
8. Mr. Solaiman, Member of RAB-2
9. Mr. Fazlur Rahman, Additional Deputy Inspector General of
RAB-2, assigned for investigating the case of Imam Hassan
10. Mr. Iqbal Shafi, Assistant Superintendent of Police seconded
to RAB-2 as its Assistant Director, acting in-charge of the
investigation of Imam Hassan’s case
11. Officers of the RAB-2 since the incident of abduction
Date of incident: 5 March 2012 to the present
Place of incident: Offices of RAB-2 and police stations in Dhaka
Metropolitan City area
AHRC-UAC-190-2012

Mr. Mohammad Imam Hassan, also known as Badal, was

abducted for ransom by a group of miscreants in Dhaka. His
family, based in Panchagarh district in northern Bangladesh,
called the RAB-2 in Dhaka requesting Badal’s rescue. The RAB
rescued him from the miscreants, but refused to release him
unless Badal’s family paid up a bribe of 100,000 taka. The
officers succeeded in collecting a bribe of 40,000 taka from
Badal’s parents, Ruhul Amin and Minara Khatun. The RAB
officers arranged four meetings between the parents and Badal
at the RAB-2 office in Dhaka, between 13 and 16 March 2012.
The parents were warned that failure to pay up would result in
their son’s death.

The family’s inability to pay the entire bribe resulted the

disappearance of their son. The family was prevented from filing
a complaint. Local authorities and government agents refused to
help them, and the perpetrators have not been prosecuted.

On 12 November 2012, the victim’s father, Mr. Ruhul Amin and

Odhikar’s Director A.S.M. Nasiruddin Elan jointly filed a habeas

84 article 2  June - September 2014 Vol.13, No. 2 & 3

corpus writ petition (No. 14880 of 2012) with the High Court
Division seeking judicial initiative for the rescue of Badal. The
Secretary of the Home Ministry, Director General of the RAB, and
the Inspector General of the Bangladesh Police were among those
named as respondents in the writ. The High Court Bench issued
a Rule, returnable within a week, against the respondents asking
them why the respondents should not be held responsible for
Badal’s alleged disappearance. Mr. Amin also filed an application
with the National Human Rights Commission (NHRC), which
requested the Ministry of Home Affairs to investigate the matter.

Since the High Court Rule, Ruhul Amin’s life became more
complicated than ever. The authorities, under the guise of
investigations, have harassed his family. Ruhul has been served
notice by the local police of Panchagarh, instructing him to
appear before a police officer of the Dhaka Metropolitan Police.
Subsequently, he travelled 500 km at his own cost to testify in
front of the police officer. The Ministry of Home Affairs also called
him to the Ministry headquarters. Ruhul was instructed to bring
all necessary evidence that would establish his claim about the
disappearance of his son. When Ruhul went to the Home Ministry,
dire threats were made warning him not to pursue his son’s
disappearance.

Story 9: Police refused to register complaint of rape against

a political leader

Victims:
1. Ms. X (name withheld), 25, of Nalkata village under the
jurisdiction of Dighinala police station in Khagrachhari Hill
district
2. Ms. XX (name withheld), young woman from a Hindu community,
under the jurisdiction of Lama police station in Bandarban Hill
district
3. Ms. XXX (name withheld), 14, of Longadu Punarbashan
(repatriation) area under the jurisdiction of Rajasthali police
station in Rangamati Hill district
Alleged perpetrators:
1. Mr. Md. Azhar, 28, son of Md. Gafur Ali, of North Milanpur village
under the jurisdiction of Dighinala police station in Khagrachhari
district
2. Mr. Didarul Islam, president of Jatiyatabadi Jubo Dal (youth
wing of the Bangladesh Nationalist Party-BNP) of its Lama
upazilla unit, living in (which) village under the jurisdiction of
Lama police station in Bandarban district
3. Ariful Islam, son of Mr. Emdadul Haque, of Islampur village
under the jurisdiction of Rajasthali police station in Rangamati
Hill district
Date of incidents: 18 and 30 September and 2 October 2012
respectively
Places of incidents: Dighinala of Khagrachhari, Lama of Bandarban
and Rajasthali of Rangamati Hill districts of Chittagong Hill Tracts
AHRC-UAC-187-2012

article 2  June - September 2014 Vol.13, No. 2 & 3 85

 Two young women have been raped and one girl narrowly
avoided an attempted rape due to her neighbours’ assistance
in three separate jurisdictions of the Chittagong Hill Tracts in
Bangladesh.

The police have allegedly been biased against the non-ethnic

settlers instead of working professionally to uphold the law and
investigating the cases credibly. In one of the rape cases, the police
did not register a formal complaint as the alleged perpetrator is an
influential political leader in the area. The victim’s right to have a
credible medical examination has also been denied by the police.

Story 10: Three persons faced detention in a fabricated case

lodged by illegal-sand-miners

Victims:
1. Md. Jilani, 35, son of Md. Sundar Ali, of Chuadanga village,
present member of the Nunertek-Mayadip of Baradi union
parishad, faced detention for nine days
2. Mr. Shah Ali, faced detention for 13 days
3. Mr. Hanifa, faced detention for 13 days
4. Mr. Shirish Ali, received injuries as a result of physical attack
by the thugs of sand miners
5. Mrs. Zobeda Begum, received injuries and fractured left leg as
a result of physical attack by the thugs of sand miners
6. Mrs. Jharna Akter, received injuries as a result of physical
attack by the thugs of sand miners 7. Around 9000 inhabitants
of the islands
All are residents of Mayadip and Nunertek islands under the
jurisdiction of Sonargaon police station in Narayanganj district
Alleged perpetrators:
1. Mr. Subid Ali Bhuyan, a parliamentarian of Comilla distirct, who
is a retired Major General of the Bangladesh Army 2. Mr. Zakir
Hossain, owner of Jalal Enterprise, resident of Sonakanda of
Meghna in Comilla – has taken lease of dredging in Meghna River
from Comilla district 3. Mr. Gazi Ataur Rahman, lease owner of
Nirman Traders, resident of Sonargaon of Narayanganj 4. Mr.
Ali Hossain, lease owner of Madina Enterprise-2, village Haria
of Sonargaon 5. Dayal Khaza Baba Dredger 6. Mr. Mohammad
Nasim, OC of Meghna police station, Comilla 7. Mr. Osman Gani,
son of late Amir Ali, president of Bangladesh Awami League
of its Ward No. 6 Unit of Baradi Union Parishad, ex member
of Baradi union parishad, Nunertek, Baradi, Sonargaon,
Narayanganj 8. Mr. Zakir Hossain Zakaria, son of Mr. Sadar
Ali, Nunertek, Baradi, Sonargaon, Narayanganj 9. Mr. Abul
Kashem, son of late Mr. Arob Ali, Nunertek, Baradi, Sonargaon,
Narayanganj 10. Mr. Abdul Latif, son of late Mr. Abdus Samad,
Nunertek, Baradi, Sonargaon, Narayanganj 11. Mr. Tara Mia,
son of Mr. Abed Ali, Nunertek, Baradi, Sonargaon, Narayanganj
12. Mr. Salahuddin, son of late Mr. Tofazzal, Nunertek, Baradi,
Sonargaon, Narayanganj 13. Mr. Monsur Ali, son of Majot Ali,
resident of Nunertek, Baradi, Sonargaon, Narayanganj 14.
Mr. Moynul, son of Mr. Ibrahim, resident of Nunertek, Baradi,

86 article 2  June - September 2014 Vol.13, No. 2 & 3

 Sonargaon, Narayanganj 15. Mr. Swapan, resident of Nolchor
village under the jurisdiction of Meghna police station in Comilla
district 16. Md. Tarikullah, resident of Nolchor village under the
jurisdiction of Meghna police station in Comilla district 17. Md.
Shafikullah, resident of Nolchor village under the jurisdiction
of Meghna police station in Comilla district 18. Md. Sanaullah,
resident of Nolchor village under the jurisdiction of Meghna
police station in Comilla district 19. Md. Nizam of Nolchor village
of Meghna upazilla of Comilla district 20. Mamun Mridha, son
of Mr. Razzak Mridha, hailed from Patarhat village, under the
jurisdiction of Mehendiganj police station in Barisal district
Date of incident: From March to October 2012 Place of incident:
Mayadip Island and surrounding areas under the jurisdiction
of the Sonargaon police station in Narayanganj district
AHRC-UAU-033-2012; AHRC-UAC-033-2012; AHRC-
HAG-003-2011

In spite of government regulations, court orders, protest

by local inhabitants, and intervention by various NGOs
among other things, illegal sand mining in the Meghna River
continues. Confrontations turn violent at times and often result
in prosecution of those who oppose the sand mining. Similarly,
mining companies also coerce the police into filing falsified charges
against protestors.

Notable events include 9 August 2011; a part of Mayadip

Island containing a paddy fell into the river and was washed away.
September 11, a large group assaulted and injured inhabitants of
Mayadip Island requiring some of the victims to be hospitalised.
The attackers were heard making threats against any who oppose
the sand mining. On September 13, government officials arrived,
seize some of the equipment, and arrested several sand miners.
However, they were surrounded and threatened until they released
the equipment and the persons involved. The mob coerced the
police into dropping the charges.

Story 11: Police fail to investigate a case of a man missing

for ten years

Victim: Mr. Md. Karamat Ali, about 30, son of late Mr. Meser Ali,
of Polashpole village under the jurisdiction of Sadar upazilla of
Satkhira district
Alleged perpetrators:
1. Mr. Md. Hossain Ali, son of late Mr. Razu Goldar, of Ghona
village under the jurisdiction of Sadar upazilla of Satkhira
district, a former employee of the missing person at his business
company and currently owner of Sadia Seed House at Satkhira
district town
2. Mr. Abdus Sabur, Sub Inspector of Police
3. Mr. Asadul Islam, Sub Inspector of Police
4. Mr. Fakir Azizur Rahman, Sub Inspector of Police These three
police officers were attached to the Sadar Police Station of
Satkhira district at the period when the victim found missing
Md. Karamat Ali
and were responsible for investigating and registering the

article 2  June - September 2014 Vol.13, No. 2 & 3 87

 complaint of the family of the missing person
5. Mr. Md. Abu Jafar, Sub Inspector of Police cum Investigation
Officer of the missing case, attached to the Sadar Police Station
of Satkhira district
6. Mr. Md. Abdul Gafur, Secretary of Barobazar Maszid Committee
of Satkhira district town
7. Mr. Hafizur Rahman, son of late Mr. Abdus Samad, village-
Polashpole
8. Mr. Salam Sarder, son of Sarwar a.k.a. Saru Sarder, village-
Sultanpur
9. Mr. Mizan, son of late Wazed, village- Dahakula
10. Mr. Ramzan Ali
11. Mr. Muzibur Rahman
12. Mr. Mizanur Rahman
13. Mr. Anar From No. 10 to 13 all are sons of Mr. Abdul Mazed,
residents of village- Katia
14. Mr. Masum (Satkhira Light House), Village- Sultanpur
15. Mr. Subid Hasan Bilu, son of Shafikul Islam a.k.a. Gher Khokon,
village- Dahakula
16. Mr. Shafikul a.k.a. Gher Khokon, village- Dahakula
17. Around 12 unidentified persons All are living in their respective
places under the jurisdiction of Sadar police station of Satkhira
district
Date of incident: From 11 May 2002 to September 2012 Place of
incident: Al-Amin Seed House, at Sultanpur Barobazar in Satkhira
district town
AHRC-UAC-175-2012

The victim has been missing since the summer of 2002 while
on a business trip. His business partner claimed he had extended
his trip to visit another city and had instructed him to take over
the business.

In 2009 the wife of the victim lodged a complaint against the

business partner. However the police have failed to investigate
the case.

Story 12: A school teacher was forced into sexual act then
suspended by her school for supporting another rape victim

Victim: Mrs. Shampa Goswami, a schoolteacher by profession, of

Kaliganj upazilla, under the jurisdiction of Satkhira district. She
was a human rights defender.
Alleged perpetrators:
1. Mr. Shushanta Kaur, of Bhobanipur village under the jurisdiction
of Paikgachha police station in Khulna district
2. Mr. Samir Dey, political thug, attached to the Bangladesh
Chhatra League, which is the student wing of the Bangladesh
Awami League, the main political party of ruling regime;
3. Mr. Roni Biswas
4. Mr. Subhash Dey, father of Samir Dey
5. Mr. Hiralal Biswas
6. Mr. Kartik Sarkar

88 article 2  June - September 2014 Vol.13, No. 2 & 3

7. Mr. Yasin Ali Gazi All political activists of the Bangladesh Awami
League in the area
8. Mr. Shahadat Hossain, Chairman of Mozahar Memorial
Secondary School Management Committee, president of the
Satkhira district unit of Jatiya Party – an ally of the incumbent
ruling regime comprising 14 political parties, chairman of
Kaliganj Upazilla Parishad – a local government unit – and
former of Member of Parliament
9. Mr. Abdul Hamid Sarder, Member of Mozahar Memorial
Secondary School Management Committee and organizing
secretary of a local union council unit of the Bangladesh
Nationalist Party (BNP) at Kaliganj upazilla of Satkhira district
10. Mr. Rafiqul Islam
11. Mr. Abdus Salim
12. Mr. Israil Gazi
13. Mr. Panchanan Mandal
14. Mr. Munsur Ali All members of Mozahar Memorial Secondary
School Management Committee
15. Police officers of Kaliganj police station of Satkhira district
Date of incident: August 2011 to September 2012 Place of incident:
Mozahar Memorial Secondary School at Kaliganj and various places
in Satkhira district
AHRC-UAC-174-2012

In August 2011, Mrs. Shampa Goswami was visiting the victim

of a gang rape when she was harassed by a man claiming to be
a friend of the victim. This harassment escalated and in October
Mrs. Shampa and a friend were accosted in a restaurant by a
group demanding they stop supporting the victim.

When she tried to leave, a group followed her, surrounded her,

took her phone, and sexually assaulted her. They then brought
her to a rooftop where her brother’s friend was held captive and
coerced the two into intimate acts which were photographed for
the express purpose of blackmail.

After this they took her to a room where they began demanding
money and sexual favours from her. They were interrupted by a
passerby who heard her cries for help. The group refused to return
Ms. Goswami’s phone or money. They forced her onto a bus. When
she went to file a complaint she was accosted by another group
that threatened her and forced her away.

On 19 February 2012, a case was finally brought against the

perpetrators, and the perpetrators and their families responded
by publicly threatening Mrs. Goswami’s work. Shortly thereafter,
Mrs. Goswami was asked by her superiors to drop the case which
Mrs. Goswami responded to by filing a GD regarding the pressure.
The management committee of the school escalated further,
threatening to suspend her if she did not withdraw the case.

At this point the perpetrators attempted to use the photograph

showing sexual acts they had forced her to do with the intention

article 2  June - September 2014 Vol.13, No. 2 & 3 89

 of destroying her public image and credibility. On June 30, the
police arrested two of the perpetrators.

But the school where Mrs. Goswami was teaching suspended

her on September 10. The police investigation into the victim’s
complaint has been disrupted caused, allegedly, by either
corruption or coercion from other parties.

Story 13: A policeman who raped an 11-year-old girl was never

held accountable

Victim: Miss X (name withheld), 11 years, of Tapan Karbari Para

village of Noymile area under Merung Union Parishad
Alleged perpetrators:
1. Mr. Russel Rana, Police Constable
2. Mr. Md. Shah Alam, Camp-In-Charge Both are attached to the
Otol Tila Police Camp under the jurisdiction of Dighinala police
station in Khagrachhari district
Date and time of incident: 21 August 2012 at 2:30pm
Place of incident: Behind a bush on a hill near to the Otol Tila
Police Camp under the jurisdiction of Dighinala police station in
Khagrachhari district
AHRC-UAC-167-2012

A policeman raped an 11-year-old girl in the Chittagong Hill

Tracts. The girl suffered serious physical, psychological, and social
trauma due to the assault. The local police initially refused to
register a complaint. Instead of registering the complaint Mr. Md.
Shah Alam, Atal Tila Police Camp in-charge, offered BDT 1,000
(USD $ 12) to the girl’s mother to settle the matter.

Due to tremendous public pressure, a complaint was eventually

recorded at the Dighinala police station. The police authorities
have not taken any action against the alleged perpetrator, other
than withdrawing the officer from his place of duty. The purpose
was rather to protect the policeman than to hold him accountable.

Story 14: Magistrate violates law, while the government’s

goons attempt to brand college student as a criminal after
the Rapid Action Battalion took his leg away

Victim:
Md. Limon Hossain, age 16, son of Mr. Tofazzel Hossain and Mrs.
Henoara Begum, living in Saturia village, under the jurisdiction of
the Rajapur Police Station of Jhalkathi district.
Names of victims of latest incident:
1. Ms. Henoara Begum,
2. Mr. Tofazzel Hossain,
3. Around six other people
Alleged perpetrators of the original incident:
1. Md. Lutfor Rahman, Deputy Assistant Director (DAD) ID No.
5926,
Limon Hossain 2. Md. Hasan Habib, Sub Inspector (SI)

90 article 2  June - September 2014 Vol.13, No. 2 & 3

3. Md. Harun-ur-Rashid, Police Constable (PC) ID No. 30264
4. Md. Jahangir Hossain, Assistant Sub Inspector (ASI) ID No.
5515
5. Mr. Tarek Aziz, ASI, ID No. 378
6. Mr. Muktadir Hossain, Nayek ID No. 63165
7. Md. Tanzir Ahmed, RAB ID No. 2006475
8. Mr. Prohlad Chandra, Nayek, ID No. 546
9. Mr. Anis Mollah, Sipahi, ID No. 30711
10. Mr. Kartik Kumar Bisawhs, Soldier ID No. 1812201
11. Mr. Md. Mazharul Islam, Corporal ID No. 46660
12. Mr. Md. Abdul Aziz, Constable ID No. 4590
13. Mr. Kartik Kumar Biswash
All the alleged perpetrators were attached to Crime Prevention
Company (CPC) 01 of the Rapid Action Battalion (RAB)-8 based in
Barisal district at the time of the original incident.
Alleged perpetrators of the latest related incident:
1. Mr. Ibrahim Hawladar, resident of Saturia village, known to be
an “informer” of the RAB in Jhalkathi district
2. Ms. Nusrat Jahan, Senior Judicial Magistrate, attached to the
Chief Judicial Magistrate’s Court, Jhalkathi district
Date of the latest incident: 20-23 August 2012
Place of the latest incident: Street near Idurbari Bridge under
the jurisdiction of Rajapur police station, and the Chief Judicial
Magistrate’s Court of Jhalkathi district
AHRC-STM-218-2012; AHRC-UAU-028-2012; AHRC-
UAC-075-2011

On 23 March 2011, members of the RAB stopped Mr. Limon

Hossain in his tracks. He had been out near Idurbari Bridge to
take his family’s cattle home. After accusing the victim of being
a terrorist and threatening to kill him, one of the higher-ranked
officers in the group shot him in the knee of his left leg. When
family members rushed to help Limon, they were beaten by the
RAB, who then proceeded to strip off Limon’s clothing to clean
the blood and dirt off their boots. The RAB then departed by boat,
taking Limon with them.

Later that day, Mr. Hossain woke up in a hospital in a

neighboring city. The RAB had filed two reports related to the
incident, rife with factual errors. The reports claimed the victim
was a member of a terrorist squad that had attacked the RAB.

The next day, the Limon’s family learned about his whereabouts
and attempted to visit him in the hospital. They only allowed the
victim’s mother to see him for a few moments before the RAB
members forced her out. The family was also unable to pay for
the medical treatment recommended by the doctor, despite having
collected funds from the community.

On March 17, doctors amputated the Limon’s left leg above

the knee. On April 6, after a related media report, the RAB locked
down the entire ward, only allowing the NHRC chairman inside to
meet with the victim. Acting on the Chairman’s advice, the family
filed a complaint with a local magistrate on 10 April 2011. The
article 2  June - September 2014 Vol.13, No. 2 & 3 91
 police did not register the complaint for two weeks. On 24 April,
when public pressure mounted via the media and interventions
from rights defenders, the complaint was registered with the
Rajapur police. As a result, the RAB responded with threats and
intimidation.

The victim’s family went into hiding. As a consequence of their

pursuit of justice against the RAB perpetrators, Limon and his
family have been attacked and injured. When they were waiting
at a bus stop on August 20, on the occasion of the Eid-ul Fitr,
Limon and his family were attacked by the RAB informer Ibrahim.
On August 30, 2012, the police secretly submitted investigation
report dropping all charges against the RAB in the case filed
by Limon’s mother, Henoara Begum. She challenged the police
investigation report in court. She filed a “no confidence” petition
against the police investigation report. The Sessions Court of
Jhalkathi rejected her plea on 13 February 2013. She further filed
a review petition with the same Court on 13 March 2013. Up to
June 2014, the hearings have been deferred on nine occasions
with unjustified excuses.

Earlier, on 24 October 2012, executive officers of Jhalkathi

district insisted Henoara withdraw her case against the RAB
officers on the condition that fabricated charges filed by RAB
officials against Limon would be dropped. On 23 June 2013,
the NHRC Chairman Prof. Mizanur Rahman pursued Henoara
to withdraw her case against the RAB officers, on behalf of the
Ministry of Home Affairs. Henoara refused to comply with these
pressures and wished to continue her fight for justice. In one of
the RAB’s fabricated cases against Limon, the Court framed charge
against him on 1 July 2013. It resulted in tremendous criticism on
the court’s decision in the country led by human rights defenders
and civil society groups in the media. Subsequently, on 9 July
2013, the Ministry of Home Affairs withdrew the two fabricated
cases filed by the RAB against Limon.

Story 15: Police and parliamentarians protected thugs who

attacked a journalist

Victim: Mr. Billal Hossain Robin, 37, son of late Mr. Muzibur Rahman,
a journalist by profession, a reporter for Daily Manabzamin – a
Dhaka based Bangla language newspaper, of Subedar Villa at
Siddhirganj in Narayanganj district Alleged perpetrators:
1. Nazrul Islam, 40, son of Chan Mia Bepari, Village, Mijmiji
pashchimpara, Siddhirgon , Narayangon
2. 15 persons in the gang led by Nazrul Islam
3. Mr. Ashraf, Officer-in-Charge (Investigation), attached to the
Siddhirganj police station in Narayanganj district,
4. Mr. Nazmul Huda, Sub Inspector, attached to the Siddhirganj
police station in Narayanganj district
Date of incident: 12 February 2011 Place of incident: Siddhirgang
police station in Narayanganj
AHRC-UAC-102-2011

92 article 2  June - September 2014 Vol.13, No. 2 & 3

 On 12 February 2011, Mr. Billal Hossain Robin was attacked
and beaten by a group of 15 people. The attackers also robbed him.
The group’s leader pointed his gun at the victim’s head because
he was not happy with his reporting. They stopped attacking the
victim only after the people in the community responded to help
the victim who was crying for help.

The victim, with assistance from professional colleagues,

contacted the police and the RAB. While drafting his complaint
at the police station, seven of his attackers showed up and
threatened him again. When the police did not intervene, he called
the RAB whose arrival caused the mob to disperse.

The police criticised the account in the victim’s complaint.

They claimed that since a gun was used they would have to
collect that gun in evidence which they did not wish to do. The
police refused to provide a copy of the complaint to the victim and
refused to file First Information Report (FIR) claiming they would
register it only after they completed their investigation.

When the victim asked why the police wanted the complaint
immediately if they were not intending to register it, the police
made a series of phone calls then informed him they could not
take the case at all due to orders of a superior authority. They
refused to disclose the identity of the person.

Eventually an OC arrived at the scene and, after a friend of the

victim alleged that the OC was accepting a bribe to not accept the
case, the OC asked the victim to write another complaint which
was then filed properly filed.

The next day the victim learned that his attackers had filed
a case against him (records indicate it was the very next case
the police filed). On February 15, the OC called the victim and
promised to investigate the case personally if the victim refrained
from starting a public protest as doing so would disrupt the
Cricket World Cup.

The political party to which the leader of the attacking mob

belongs offered his support to the perpetrator, labelling him a
“political activist” for the ruling political party.

Story 16: Police inaction narrows the path of justice for

wounded human rights defender, who needs constant support
for survival

Victims:
1. Mr. F.M. Abdur Razzak, age 44, Editor of the Gonomichhil
(a fortnightly newspaper) & President of Human Rights
Development Centre (HRDC), Paikgachha, son of Mr. Nur Ali
Fakir
2. Mr. Bodiuzzaman, age 24, son of Mr. Nur Ali Fakir, a
businessman F.M. A. Razzak

article 2  June - September 2014 Vol.13, No. 2 & 3 93

 3. Mr. Abu Bakkar Sana, relative of Mr. F. M. A. Razzak
All victims are originally inhabitants of Godaipur village, under
the jurisdiction of Paikgachha Police Station, Khulna district,
Bangladesh. They have been homeless since February 2011 due
to the attack on their life, house, and property by relatives of Major
Mustafizur Rahman Bokul.
Alleged perpetrators:
1. Mr. Mustafizur Rahman Bokul, a Major of the Bangladesh Army,
currently attached to the Bogra Cantonment, son of Mr. Abdur
Rouf Sarder
2. Mr. Abdur Rouf Sarder, a local madrasa teacher and son of late
Mr. Gafur Ali Sarder
3. Mr. Abul Kashem Sarder, President of Godaipur Purbopara
Baitus Salam Mosque Management Committee, and son of late
Mr. Nesar Ali Sarder
4. Mr. Kazal Sarder, son of Mr. Abdur Rouf Sarder
5. Mr. Nur Islam Sana, son of late Mr. Kesmat Ali Sana
6. Mrs. Koli Begum, mother of Major Mustafizur Rahman Bokul
All the above live in Godaipur village, Paikgachha Police Station,
Khulna district
Mr. Enamul Haque, Inspector of Police and Officer-in-Charge (OC),
attached to the Paikgachha Police Station, Khulna district
7. Mr. Idris Ali, Sub Inspector of Police, attached to the Paikgachha
Police Station, Khulna district
8. Mr. Nasir Uddin, Assistant Superintendent of Police of the
Dakope Circle of Khulna district
Date of latest incident: 29 April 2011
Place of incident: Terminal for Dhaka-bound buses, and the house
of Major Mustafizur Rahman Bokul, at Godaipur village, Paikgachha
Police Station, Khulna district

AHRC-UAU-025-2011; AHRC-UAU-023-2011; AHRC-

UAU-016-2011; AHRC-UAU-013-2011; AHRC-FUA-012-2011;
AHRC-UAU-023-2011; UA-035-2007; UP-034-2007; AHRC-
UAU-065-2008; AHRC-UAU-067-2008; AHRC-UAU-069-2008;
article2, Vol. 8, No. 1; article2, Vol. 10, No. 2, and Ethics in
Action Vol.2 No.6

The plight of Mr. F. M. A. Razzak has been published in

analytical reports in article2. In 2008, Razzak was detained and
tortured in a fabricated case involving the abduction of a minor
girl, who actually fled from her home due to the physical assault
she suffered from her step mother. Razzak was forced to pay
numerous bribes to the police during his 25 day detention. The
girl, when recovered from another district, testified in court that
she had not seen Razzak before and that there was no question
of him abducting her as she had fled from her home on her
own. Razzak was acquitted by the court. Razzak’s situation and
Bangladesh’s criminal justice institutions has een analysed in
article2 Vol. 8, No. 1, published in March 2009.

In February and March of 2011, Mr. F.M.A. Razzak and his

family were subjected to numerous damaging assaults of their

94 article 2  June - September 2014 Vol.13, No. 2 & 3

persons and property by various mobs led or incited by relatives
of a military officer with whom Mr. Razzak had had a previous
land dispute. While the courts sided with Mr. Razzak, the officer
and his family have been encouraging members of a local mosque
to drive Mr. Razzak off the land. The victim has also been the
subject of numerous threats and demands for money. Mr. Razzak
has also had difficulty filing a complaint as the police claim to be
unable to enforce the law in the area and the perpetrators call
repeatedly demanding he withdraw the complaint.

On 14 March 2011, while F.M.A. Razzak was in hiding due to

the previous threats and attacks, the brother of the military officer
lead a mob that broke into Mr. Razzak’s home, stole numerous
valuables, and proceeded to relock the house with their own
locks. When Mr. Razzak reported this, the police OC claimed to
be unable to patrol the area due to violence against his officers.

On 29 April 2011, F.M.A. Razzak was abducted, along with

two family members, by a mob of 20 people armed with crude
weapons who were lead by the brother of the military officer and
included the officer’s mother and the rest of his entire family.
The victims were taken to a field where they were attacked with
these weapons. The attack caused severe injuries to Mr. Razzak,
including permanent and significant damage to his eyes and the
victim is certain that they intended to kill him if not for the timely,
though reluctant, intervention by police who had been brought to
the location by other family members. In spite of witnessing the
final parts of the attack, the police made no arrests and witnesses
claim that the OC not only condoned the attack, but encouraged
it in a phone call.

The injuries to Mr. Razzak were severe enough that was

actually declared dead before a second examination by doctors
was able to determine he had, in fact, survived and consequently
transferred him to a nearby hospital. However, the doctors at
that hospital refused to treat him allegedly at the behest of the
perpetrators. At one point it even appeared the mob was planning
to finish their attack in the hospital itself, but the local community
attempted to apprehend them. The perpetrators again escaped,
allegedly with the assistance of the police, and Mr. Razzak had
to be transferred to another hospital where similar interference
further delayed treatment.

On 19 May 2011, Mr. Razzak was still recovering from several

major surgeries and his other injuries in a hospital. However,
the lack of support and financial resources meant that he will
likely be released before he has recovered sufficiently to no longer
need professional medical assistance. Similarly, it is unlikely he
will be able to afford the 2 years rehabilitation that the doctors
believe will likely be the minimum for him to recover from most
of his injuries.

article 2  June - September 2014 Vol.13, No. 2 & 3 95

 Subsequent developments have been documented in article2
special edition titled “Focus: Defending the human rights
defender: Standing up for FMA Razzak” in Vol. 10, No. 2, June
2011. The current publication underlines the developments have
taken place since June 2011.

On December 5, the court ordered that the family be allowed to

return to their home, and on December 9 the police assisted them
in doing so. Furthermore, on 10 April 2012, an administrative
inquiry began an investigation of the incidents and the inaction
of the police. However, on April 13, family members of the military
officer began attacking the lands of the victim and when his family
came out to protest they attacked Mr. Razzak’s brothers with
various weapons and required treatment at a hospital.

Story 17: Two cousins were laid with fabricated charges after
four days of incommunicado torture

Victims:
1. Mr. Md. Nahidulr Haque Sazib, 25, son of late Mr. Mezbah Uddin
Sabu, of House No. 83/84 Hosseni Dalan Road, Chandkharpooll
2. Mr. Md. Kawsar Hossain Razib, 24, son of Mr. Mohammad
Awlad Hossain, of House No. 9/3 Hosseni Dalan Road,
Chandkharpooll
Alleged perpetrators:
1. Md. Abu Bakor Siddik, Deputy Assistant Director (DAD) ID no.
45778
2. Md. Hazrat Ali, Sub Inspector (SI) ID no. 15921
3. Md. Bachhu Mian, Nayek ID no. 52807
4. Md. Sumon Rana, Nayek ID no. 1291
5. Md. Zahirul Islam, Constable ID no. 1173
6. Md. Shafikul Islam, Sipahi ID no. 62803
There were six other unidentified members. All are attached to the
Company-3 of the Rapid Action Battalion (RAB)-10, based Lalbagh
Camp in the city of Dhaka Date of incident: 5 to 10 April 2011
Place of incident: Torture cell of the RAB-10 Dhaka
AHRC-UAC-082-2011

On April 5, Mr. Sazib was stopped by members of the RAB.

Accusing him of being a “snatcher”, they blindfolded and took him
to a nearby RAB camp. There he was beaten until he passed out.
A RAB medic was brought in to give him nominal treatment and
juice before they resume torturing him again with electrical shocks
to his feet. This method of torture lasted throughout the night.

On April 6, Mr. Sazib was taken to a superior officer who then

ordered his men to continue torturing him until they got what
they need. Mr. Razib was later taken off the street at gun point.
They also threatened the victim’s family members when who were
asking for justification why they arrested the victim. In the camp,
they again blindfolded him, tied to a chair, beat and electrocuted
his feet. They also inserted needles into his toes and fingers.

96 article 2  June - September 2014 Vol.13, No. 2 & 3

 On April 7, similar methods of torture were applied on Mr.
Sazib. His hands and ears were damaged. Mr. Razib was also
tortured further on the same day. He was forced to admit and
confess to a crime and threatened that he would either be killed
in “crossfire” or they would file fabricated charges on him. Out
of fear, he agreed to their demands.

On April 8, Mr. Sazib’s torture was expanded again to include

kicking and stomping on his legs. The officers at one point required
him to recite verses from the Quran as he was tortured.

On April 9 midnight, the two cousins were put in a vehicle

together and driven to a river. The victims believed the RAB were
intending to shoot them if they ran. They were again taken back
to the RAB camp. They were told it had been decided that they
would not be killed, but would be laid with fabricated charges
which they later did. They were, however, warned not to mention
their treatment to anyone. Mr. Razib was then briefly taken to a
hospital for treatment. Mr. Sazib was tortured again before being
taken to a hospital for medical treatment.

On April 10, the victims were arraigned and released on bail.

Since then they and their family have received numerous threats
for reporting their abuse. They have been unable to receive further
medical treatment.

Story 18: Police attacked villagers in retaliation for injuring

a policeman involved in robbery

Victims:
About 60 villagers. Twenty six of them were named while the rest
are unnamed. These villagers live in Duptoil village under the
jurisdiction of the Birol police station of Dinajpur district; others
lives in village Karimpur Thana Birgonj, in Karimpur village under
the jurisdiction of Birgonj Thana in Shorgram village Birol Thana
Alleged perpetrators:
1. Mr. Md. Haider Ali, Sub Inspector of police
2. Mr. Mujibor Rahaman (Constable ID no. 1048)
3. Mr. Md. Israel Haque (Constable ID no. 277)
4. Mr. Md. Rashedul Haque, Driver cum Constable (Constable
ID no. 268)
5. Mr. Ferdous, Sub Inspector of Birol Police station
6. Mr. Md. A K M Mohssin Uz Zaman Khan, Officer-in-Charge
(Admin), Birol police station
7. Mr. Horidas Mohanto, Officer-in-Charge (Investigation), Biral
police station
8. Mr. Siddiquee Tanzilur Rahman, Superintendent of Police,
Dinajpur district
9. Mr. Md. Mokbul Hossain, ASP (Sadar Circle)
10. Mr. Sayttendra Nath Roy, Sub Inspector cum Riot Police-in-
charge, Dinajpur
11. Two platoons of riot police
Date of incident: 7 and 8 March 2011

article 2  June - September 2014 Vol.13, No. 2 & 3 97

 Place of incident: Daptoil village in Biral upazila of Dinajpur
district
AHRC-UAC-068-2011

On 8 March 2011, a group of policemen dressed in civilian

clothes knocked on the door of Mr. Shahjahan. Due to a recent
robbery where the perpetrators had claimed to be police officers,
the resident refused to open the door calling his neighbours for
help. A mob quickly assembled and chased the police off, injuring
one of them.

The officers filed a complaint against about 60 villagers (most

unnamed) and later that day 2 platoons of riot police arrived in
the village. These police began to assault, threaten, arrest, and
otherwise harass passersby of all ages; entered private property;
took private property; and disrupted local events such, as a
wedding.

Furthermore, the police are accused of making sexual

advances and sexually assaulting numerous young women, often
“claiming” them as future brides.

Story 19: A male judge allegedly molested his subordinate

Victim: Mrs. Salma Begum, 42, a cleaner by occupation, attached

to the Court of Settlement of Dhaka
Alleged perpetrator: Mr. Mohammad Yasin, a District Judge,
appointed as the Chairman of the First Court of Settlement of Dhaka
at Shegunbagicha in the city of Dhaka
Date of incident: 23 February 2011
Place of incident: Official Chamber of the Chairman of the First
Court of Settlement of Dhaka at Shegunbagicha in the city of Dhaka
AHRC-UAC-052-2011

On 23 February 2011, Mrs. Salma Begum was hugged from

behind by the chairmen of the First Court. The perpetrator at
first claimed to be “kidding” but when other witnesses arrived he
demanded she be thrown out.

After a closed meeting with other judges, Mrs. Begum was told
she had made a false accusation and that medical examination
would be conducted. She was also told not to speak about the
incident. The police eventually arrived, but they appear not to have
investigated. The victim claims the perpetrator has threatened her
job and promised to hide behind influential friends.

Story 20: Police tortures a journalist for criticising their

traffic management skills

Victim:
Mr. Gias Ahmed, Joint News Editor of Desh TV, a private television
channel based in Dhaka, a Member of the Dhaka Union of Journalist
Gias Ahmed (DUJ) and Bangladesh Federal Union of Journalists (BFUJ), lives

98 article 2  June - September 2014 Vol.13, No. 2 & 3

in the Dhaka Metropolitan City
Alleged perpetrators:
1. Mr. Mosharf, Police Constable
2. S M Asad, Police Sergeant
3. Mr. Ashraful, Police Sergeant
4. Mr. Jahangir, Sub Inspector of Police
5. Mr. Mahbubur Rahamn, Police Inspector and Officer-in-Charge
(OC) of the Tejgaon police station
6. Mr. Salim Mohammad Jahangir, Deputy Commissioner (DC) of
the Tejgaon Zone
7. Mr. Masud Hossain, Additional Deputy Commissioner (Public
Relations)
8. Md. Elias Sharif, Additional Deputy Commissioner (Traffic) of
the West Zone
9. Mr. Hasnat Nazmul Alam, Police Sergeant
All are attached to the Dhaka Metropolitan Police (DMP)
Date of incident: 14 February 2011
Place of incident: Police outpost at SARC Fountain roundabout and
the custody of Tejgoan police station in Dhaka.
AHRC-UAC-044-2011

On February 14, Mr. Gias Ahmed was beaten on the street

by several police officers for criticising the traffic management
skills of one of their colleagues on duty. They took him inside
a police vehicle where they talked of how were going to torture
him, bragged of torturing other journalists and to falsely accuse
him of carrying a gun.

At the police station, he was asked to sign a confession and

pay bribe. When he refused they put him in a cell. They restricted
access to him and allowed only basic medical treatment for his
injuries. When the police were questioned about his injuries, two
of the officers involved gave contradictory accounts of the incident.

After midnight, the police released the victim. The police also
promised to investigate his claims (on condition he would not to
publish the story).The police began its internal probe, met with
the victim, and collected evidence, but they did not publish the
result of their findings.

Story 21: Police killed an 18-year-old student

Victim: Imtiaz Hossain Abir, 18, student of higher secondary level

at the Northern College of Mohammadpur in Dhaka, son of Mr. Kazi
Golam Farukh, living in Rupnagar Residential area House no 31,
third floor, Road no 21, Mirpur under the jurisdiction of the Pallabi
police station in Dhaka Metropolitan City
Alleged perpetrators:
1. Mr. Md. Ismael Hossain(ID No BP -7695016392) , Investigating
Officer of a criminal case and Sub Inspector of Police, attached
to the Pallabi police station, Dhaka Metropolitan Police
2. Mr. Md. Iqbal Hossain, BP No: 6387106356 , Officer-in-Charge,
Pallabi Police station, Imtiaz Hossain

article 2  June - September 2014 Vol.13, No. 2 & 3 99

 3. [Link]. Hekmot Ali ,Sub Inspector of Police
4. Mr. [Link], Consatbale Number 2557
5. Mr. Md. Saydur Rahman, Constable ID Number 19883 All
are attached to the Pallabi Police station Date of incident: 10
January 2011
Place of incident: Baunia Balur Math area, Mirpur under the
jurisdiction of the Pallabi police station in the city of Dhaka
AHRC-UAC-029-2011

On January 10, Mr. Kazi Imtiaz Hossain Abir was abducted

on his way home from a badminton match. After his phone was
answered by a stranger, his family began to look for him but was
unable to find out what had happened. The next day the news
reported that Mr. Abir had been killed by the police as a result
of “crossfire” with an unidentified gang that he was assisting in
preparing a robbery. They learned that three cases had been
opened against him.

The official records of the shooting are inconsistent as to the

identity of the victim, the nature of his injuries, and other relevant
facts. Notably, many in the community do not remember a gun
fight at all, but rather a small number of shots fired. Similarly,
eye witness evidence suggests that the three witnesses called by
the police were instructed as to what they saw by the police after
the boy had been shot and killed, rather than be allowed to record
what they actually had witnessed.

Forensic analysis also indicates that the victim had been shot
at very close range in the leg, which is generally inconsistent with
a gun battle in an open area.

The family has not filed a complaint as they believe that the
criminal justice system would protect the police and thus their
troubles would only be compounded. They are also upset that the
personal property of the victim has not been returned to them.

Story 22: Government food subsidy fails to reach the poor

due to corruption

Victims:
1. About 234 Vulnerable Group Feeding (VGF) card
holders who have not received food subsidy 2. VGF card
holders who received less than earmarked food subsidy
Alleged Perpetrators: Local government unit, Palasbari
sub-district, Gaibandha district Place of incident:
Monohorpur union, Palasbari sub-district, Gaibandha
district
AHRC-HAG-004-2011; AHRC-HAG-002-2010; AHRC-
HAG-003-2010; AHRC-HAG-004-2010

On September 8, about 1,000 families were entitled

for assistance under the Vulnerable Group Feeding (VGF) program.

100 article 2  June - September 2014 Vol.13, No. 2 & 3

 On March 21, the administration distributed the food subsidy
to the beneficiaries but failed to reach 234 of the card holders.
Some of those who did receive it did not receive the full amount.
It is also alleged that members from various local government
councils have also taken VGF cards. The VGF committee allegedly
submitted a muster roll with false signatures to the government
officials in charge of the program while none of the beneficiaries
were informed that they were entitled to receive food subsidy by
VGF.

Story 23: Arbitrary detention and fabrication of charges on

a labour rights activist

Victim: Ms. Moshrefa Mishu, 46, a leftist political activist,

general secretary of the Ganatantrik Biplobi (Democratic
Revolutionary) Party and President of the Garment
Workers Unity Forum (GWUF, living in a house 51-2
Kolabagan North Road under the jurisdiction of the
Kolabagan police station in the Dhaka Metropolitan city
Alleged perpetrators:
1. Mr. Md. Anisur Rahman, Police Inspector and Officer
in-Charge (OC) of Kafrul Police station
2. Mr. Md. Robiul Huq, Sub Inspector of police and the
Investigation Officer (IO) of case no 76 of Kafrul police Moshrefa Mishu
station
3. Mr. Md. Motiur Rahman, Sub Inspector of police and the
Investigation Officer (IO) of case 21 of Kafrul police station
4. Mr. Md. Shamim Hossain, Police Inspector and Officer-in-Charge
(OC) of Khilkhet police station
5. Mr. K M Firoz Al Jalal, Inspector of police and the Investigation
Officer (IO) of the case with Khilkhet police station
6. Mr. Nazrul Islam, Additional Deputy Commissioner (ADC),
Detective Branch (DB) of Police
7. Mr. Muniruz Zaman, Assistant Commissioner (AC) of DB
8. Mr. Nasir, AC of DB
All are attached to the Dhaka Metropolitan Police (DMP)
9. Mr. Munshi Abdul Mazid, Metropolitan Magistrate, attached
to the Chief Metropolitan Magistrate Court of Dhaka
10. Dr. Mustafizur Rahman, Assistant Professor of Medicine Unit
of the Dhaka Medical College Hospital (DMCH)
Date of incident: 14 December 2010
Place of incident: Custody of Detective Branch of the Dhaka
Metropolitan Police and Dhaka Central Jail
AHRC-UAC-006-2011

At 1am on December 14, Ms. Moshrefa Mishu was arrested

by heavily armed men and women wearing civilian clothing after
they forced their way into her home. They arrested her without
a warrant insisting they had a dictate from a higher level of the
government. The police refused Ms. Mishu to use the toilet and
pack her belongings before taking her with them. They also refused
to allow her carry her inhaler for asthma.

article 2  June - September 2014 Vol.13, No. 2 & 3 101

 At the police station Ms. Mishu was interrogated on her
political convictions. They accused her of attempting to incite
a riot among workers at Kuril and for being agent for mainland
China. They asked her to sign a blank piece of paper on premise
that she would receive a political appointment.

In the afternoon, Ms. Mishu was arraigned for two cases. She
was remanded for two days. A third case was filed in a different
jurisdiction. That evening they interrogated her again, presented
her with a blank piece of paper again, and threatened to kill or
disappear her if she refused to sign. She suffered from difficulty
breathing, but the police refused to provide for medical assistance.

On December 19, Ms. Mishu was again presented in court, this

time for the third charge of arson, vandalism and obstruction. It
was alleged that the magistrate said he had orders from superior
not to grant her bail. She was given one more day of remand. The
victim’s medical condition worsened. At the insistence of her
family, the magistrate ordered her transfer to a hospital.

When Ms. Mishu returned to court, the police again demanded

the she be remanded and it was so ordered.

Story 24: Illegal arrest and detention of a lawyer-cum-

politician for months on fabricated charges

Victim: Mr. Mantu Ghosh, 60, a lawyer by profession and also a

member of the Polit Bureau of the Communist Party of Bangladesh
(CPB), at House No. 306/1 Notun Pal Para of the Narayanganj
district town
Alleged perpetrators:
1. Mr. Khondokar Mustafizur Rahman, Investigating Officer of
a criminal case and Sub Inspector of Police, attached to the
Gulshan police station, Dhaka Metropolitan Police
2. Mr. Md. Kamal Uddin, Officer-in-Charge, Gulshan Police station,
3. [Link]. Obidul Huq, BP No: 6184010192, Assistant Police
Commissioner, attached to Detective & Crime Information
Department of the Dhaka Metropolitan Police
4. [Link]. Ziaur Rahman, BP No: 6790008809, Police Inspector,
attached to Detective & Crime Information Department of the
Dhaka Metropolitan Police
5. Eleven police personnel attached to the Detective Branch of the
Dhaka Metropolitan Police
6. Mr. Moinul Islam Khan, Sub Inspector of Police, attached to the
Tejgoan Industrial Area police station
7. Mr. Shah Mohammed Ahad Hossain, Sub Inspector of Police,
attached to the Tejgoan Industrial Area police station
8. Mr. Md. Sayed Iftekhar Hossain, Sub Inspector of Police,
attached to the Tejgoan Industrial Area police station
9. Mr. Md. Homayon Kabir, Sub Inspector of Police, attached to
the Tejgoan Industrial Area police station
10. Mr. Md. Nazrul Islam, Sub Inspector of Police, attached to the
Tejgoan Industrial Area police station

102 article 2  June - September 2014 Vol.13, No. 2 & 3

11. Mr. Alamgir Hossain, Sub Inspector of Police, attached to the
Tejgoan Industrial Area police station
12. Mr. Bacchu Mia, Sub Inspector of Police, attached to the Adbar
police station
13. Mir Sabbir Ali Sub Inspector of Police, attached to the Adbar
police station
14. Mr. Md. Korban Ali, Sub Inspector of Police, attached to the
Ashulia police station
15. Mr. Mijanur Rahman, Sub Inspector of Police, attached to the
Ashulia police station
16. Mr. Mir Billal Hossain, Sub Inspector of Police, attached to the
Ashulia police station
17. Mr. Mijanur Rahman, Sub Inspector of Police, attached to the
Ashulia police station
18. Mr. Golam Mustafa, Sub Inspector of Police, attached to the
Ashulia police station
All are attached to the Dhaka Metropolitan Police
Place of incident (illegal arrest): House No. 306/1 Notun Pal Para
of the Narayanganj district town
Date of incident: 31 July 2010
AHRC-UAC-169-2010

On July 31 2010, at 1am 12 heavily armed police dressed

in civilian clothing arrested Mr. Ghosh in his home without
a warrant. At the station he was interrogated regarding his
political affiliations, especially with India, and his work with
readymade garment factory workers. Later that afternoon he
was arraigned and remanded for two days on a case including
explosive substances. The following day, a police station in a
different jurisdiction filed three new cases against him and he
was remanded for an additional five days.

On August 3, another station demanded remand regarding two

cases filed in July and were granted four more days of remand.
During this time, the police allegedly treated Mr. Ghosh inhumanly
and degraded him in the name of interrogation. On August 5 he
filed he made a complaint about this. The court, upon hearing
the complaint, admonished the police not to use torture, and to
provide him medical care he needed.

On August 8, a police station in Dhaka arrested him on four

cases pending since June and the victim was again remanded.
Over the next month the court variously granted and rejected bail
applications on the numerous cases against Mr. Ghosh without
explanation, which lead to Mr. Ghosh remaining in custody.

On October 11, the victim’s lawyers asked for a special bail

petition, citing Mr. Ghosh’s health. The petition was granted and
the victim was released.

article 2  June - September 2014 Vol.13, No. 2 & 3 103

 Story 25: Police tortures a man to death in custody when his
wife fails to pay them a bribe

Victim: Mr. Md. Mokles Matbor, 45, of Moshurigao (Moshurpara)

under the jurisdiction of the Gosairhat Police Station in Shariatpur
district
Alleged perpetrators:
1. Mr. Sayed Imdadul Huq, Sub Inspector of Police
2. [Link]. Sahadat Hossain, Assistant Sub Inspector of Police
3. Mr. Jalal Sikdar (Constable No: 461), Police Constable
4. Mr. Lutfor Rahman (Constable No.491), Police Constable
5. Mr. Shofiqul Islam, (Constable No.366), Police Constable
6. Mr. Bulbul Ahamed, Probationary Sub Inspector of police
7. Mr. Md. Ekram Ali Molla, Inspector of Police and Officer-in-
Charge (OC). All are attached to the Gosairhat police station in
Shariatpur district
8. Mr. Abul Hasnat, Assistant Superintendent of Police, Goshairhat
Circle of Shariatpur district Alleged perpetrators who gave false
medical documents:
1. Mr. A K M Alauddin, Upazilla Nirbahi Officer (chief administrative
officer of sub-district) and Executive Magistrate Gosairhat
Upazila
2. Dr. Nirmal Chandra Das, Residential Medical Officer, Sadar
Hospital, Shariatpur
3. Dr. Rajesh Mazumder, Medical Officer, Sadar Hospital,
Shariatpur
4. Mr. A K M Shahidur Rahman, Superintendent of Police (SP),
Shariatpur district
5. Mr. Ashok Kumar Dutta, Senior Magistrate, Shariatpur district
Place of incident (Torture & Death): Gosairhat Police Station in
Shariatpur district Date of incident (Custodial death due to torture):
31 August 2010
AHRC-UAC-167 -2010

On August 29, Mr. Matbor was arrested as a suspect in the

rape and murder of a woman and her two children that had
been filed on August 10. The arresting officers did not produce a
warrant at the time of his arrest. When his wife went to the police
station for an explanation, she was asked to pay a bribe for his
safety. She was unable to pay. That evening the police tortured
Mr. Matbor with beatings and manipulation of his genitals, acts
his wife claims to have witnessed from a distance.

On August 31, the court granted remand and later that night
Mr. Matbor was dead. The police claim he had hanged himself
in his cell. The Goshairhat police registered a case of “Unnatural
Death” and the chief executive officer of the sub-district, as an
Executive Magistrate, signed an Inquest Report of the dead body,
which was prepared by a police officer the same evening. The
Inquest Report claimed that there was no sign of injury on the
body of the deceased.

104 article 2  June - September 2014 Vol.13, No. 2 & 3

 On the other hand, Mr. Matbor relatives allege that the
civil and police administration jointly suppressed the facts
regarding the custodial torture. The Superintendent of Police of
Shariatpur district and other police officers allegedly convinced
the administrative officials to make a fake report and the doctors
at the hospital collaborated with them. The senior Magistrate
who granted police remand of Mr. Matbor would also have to
be involved with the process of manipulating the merit of the
custodial death case by suppressing the truth.

In order to verify the allegation of custodial death when the

local human rights defenders visited the place where the body was
allegedly found. They erroneously concluded that the victim could
not have hanged himself because his feet would likely have been
touching the ground had he attempted to do so. When a cousin of
the victim went to the police station to demand answers, the police
denied wrong doing and offered settlements. The cousin claimed
that the shopkeepers and pedestrians who witnessed the torture
of Mr. Matbor, asserted that police forced him to walk around
with a brick tied to his genitals. The dead body had a number
of marks of injury and the male organ was abnormally swollen.

On the morning of September 3, an Assistant Superintendent

of Police, accompanied by the OC of the Goshairhat police and a
number of policemen, went to the victim’s house, apologized to
his widow, and offered to settle the case financially.

Story 26: A man dies after being shot in police custody

Victim: Mr. Md. Mizanur Rahman, 35 years, a businessman who

runs a photo-studio on rent, son of Mr. Abdul Jalil, of Baroberait,
under the jurisdiction of the Badda police station of the Dhaka
Metropolitan city
Alleged perpetrators:
1. Mr. Anisur Rahman, Sub Inspector of police
2. Mr. Kamal Uddin, Inspector of Police and Officer-in-Charge (OC)
3. Mr. Sheikh Masud Karim, Operations Officer
4. Mr. Mahmud Moyeen, Sub Inspector of Police
5. Mr. Khitish Chandra Roy, Sub Inspector of Police
6. Mr. Md. Abdul Malek, Police Constable (Badge No. 6467)
7. Mr. Md. Shafiuzzaman, Police Constable (Badge No. 3013)
8. Mr. Sahidullah, Police Constable (Badge No. 5773) All are
attached to the Gulshan police station of the Dhaka Metropolitan Mizanur Rahman
Police (DMP)
Date and Time of arrest: At 3am on 30 June 2010
Place of arrest: Victim’s home
AHRC-UAC-107-2010

On June 30, a team of policemen dressed in civilian clothing

broke into the home of Mr. Rahman and arrested him without a
warrant. They told his landlord that he was a suspect in a case
involving the theft of a car. His wife went to the police station.
When the police brought him in, she insisted he was innocent and
the police told her the court would determine the facts accordingly.
article 2  June - September 2014 Vol.13, No. 2 & 3 105
 When she returned to the police station later that day, she
bribed the guard to get access to her husband. She then met with
the SI to demand her husband be release which he responded to
by demanding a bribe she was unable to pay. The next day, the
victim’s wife again went to the station, this time to determine why
her husband had not been produced in court. The SI demanded
a reduced bribe and insinuated that her husband might be
subjected to torture if she did not pay. The wife claimed to be
unable to pay, and she and her sister again bribed the guards to
meet with her husband who claimed that he had already been
tortured and denied food. Later that day she received a phone call
demanding a further reduced bribe which would result in lighter
charges for her husband so that he could be released. However
when they went to the police station to pay the bribe, the SI was
not available to accept it, so they bribed the guard to get food to
the victim.

The next day, the victim’s wife received a phone call telling her
that her husband was in hospital. Shortly thereafter she called
the police to ask if her husband was still in his cell and they
claimed he was. Two hours after the first call she was again called
from the hospital and told her she needed to come immediately
and that her husband needed blood. When she checked with the
police again she was told her husband was not in his cell. When
she arrived at the hospital she found her husband on the floor.

According to his cell mate, Mr. Rahman was shot and bled
to death while waiting at the hospital after the two of them were
forced to participate in a mock escape attempt on 1 July 2010.
While the police claim he was killed in a gun battle on the street
when they interrupted him trying to steal a car.

On July 5, a probe was established to examine his killing

(and two others) in police custody and the court ordered that it
be informed of how the matter would be dealt with internally.
Similarly, it ordered the government to explain itself to the court,
and established a panel of notable lawyers and experts to assist.

Over the next few weeks the victim’s family found itself under
government surveillance and consequently moved several times,
while the police claimed to following the court’s order and criticised
the media for playing up the emotional aspect of the case. Later,
the police abducted the victim’s wife, attempted to coerce her
with threats and money from talking with journalists or NGOs,
and stole her cell phone (which was later returned to her). The
widow also complained that her former landlord asked her to
settle the case to spare the career of one of the superior officers
in the local police force and that no one representing the court
had taken her statement.

By August 21, it appears that the police had paid a sum of

money to the victim’s widow and her sister-in-law; the wife had
gone to the office of the AC where she received the Death Certificate

106 article 2  June - September 2014 Vol.13, No. 2 & 3

of the victim, a money receipt, and a certificate issued by a local
Imam of a mosque regarding burial of her husband’s dead body.

Story 27: Police detains and threatens to torture a widow

who questioned the death of her husband

Victim: Mr. Babul Kazi, an auto-rickshaw operator cum mechanic

by profession, son of late Mr. Rupai Kazi, of House No. 327/A,
Noyatola of Baramoghbazar, under the jurisdiction of the Ramna
police station of the Dhaka Metropolitan City
Alleged perpetrators:
1. Mr. Altaf Hossain, Sub Inspector of Police
2. Mr. Hiron Mian, Police Constable (Badge No. 6998)
3. Mr. Seraj, Police Constable (Badge No. 27761)
4. Mr. Shibli Noman, Police Inspector and Officer-in-Charge (OC)
5. Mr. Enamul Haque, Sub Inspector of Police All are attached to
the Ramna Police Station of the Dhaka Metropolitan Police Babul Kazi
6. Mr. Nannu Mian, Member of AnsarI (Village Defence Party)
(Badge No. 23509), assigned to assist the Ramna police
7. Mr. Krishna Pada Roy, Deputy Commissioner (DC) of Motijheel
Zone, Dhaka Metropolitan Police
Place of incident: Ramna police custody
Date of Incident: 28 June 2010
AHRC-UAC-101-2010

On June 18, a man claiming to represent to police arrived at

Mr. Kazi’s home to request a bribe to secure the release of Mr.
Kazi’s rickshaw and business partners, who had been arrested
by the RAB. Over the next few days Mr. Kazi partially paid the
bribe and continued to seek funds, but the police did not release.

On June 28, two police officers arrived at Mr. Kazi’s workshop

and demanded he pay the money he had collected so far. When he
refused they abducted him. The victim’s wife attempted to contact
the police to determine his whereabouts later that evening but
was told he was in the hospital with head injuries sustained by
jumping from the police van. He died on arrival at the hospital
covered with sand.

When the family attempted to confront the police, they were

threatened with violence and forced to sign blank sheets of paper.
The police returned the victim’s phone, but took all his money.
On June 29, the hospital still refused to release further details
of the victim’s death, and the police began to threaten the family
not to make the case public. Since then, the family has been
told by various political leaders not to file a case, in spite of the
fact that the police records regarding the relevant incidents are
contradictory.

On July 3, the DMP formed an inquiry committee to look into

this case, and on July 5 a Public Interest Litigation was filed by
two human rights organisations with the High Court Division of
the Supreme Court regarding three custodial deaths, including

article 2  June - September 2014 Vol.13, No. 2 & 3 107

 Babul’s, that took place in Dhaka within one week. A Division
Bench responded by directing the Ministry of Home Affairs to form
probe committees that excluded police members, to investigate
the incidents and the police responded by detaining the victim’s
widow, threatening her with torture, and interrogating her over
whom she may have spoken to.

Story 28: Father of a 23-year-old boy who died in police

custody threatened for not withdrawing his complaint

Victim: Mr. Robiul Hasan Khokon, 23, son of Mr. Md. Shahajahan,
of Mozzotpara (Jheelpara) under the jurisdiction of the Chatkhil
police station in Noakhali district
Alleged perpetrators (Torture):
1. Mr. Abdul Mannan, Sub Inspector of Police
2. Mr. Mohammed Sohidullah, Police Constable
3. Mr. Golam Mostafa, Police Constable
4. Mr. Humayan Kabir, Inspector of Police and Officer-in-Charge
(OC) All are attached to the Chatkhil Police Station of Noakhali
district
Place of incident (Torture): Chatkhil police station in Noakhali district
Date of incident (Custodial death due to torture): 13 May 2010
AHRC-UAU-024-2010

On December 21 2009, Mr. Robiul Islam Khokon was arrested

by the RAB while riding a bus. On December 22 a case was filed
against him alleging he had two illegal firearms in his possession.
On April 9 2010, the police asked for a warrant for his arrest
regarding an open robbery case from October 2009. On April 10,
the police were granted remand of Mr. Khokon for interrogation.

On May 10 2010, Mr. Khokon was arrested again, and phone

call was made to his father soliciting a bribe; a solicitation
backed with threats of torture and death for the victim. When
the family did not bring the money to the police station, the
police beat Mr. Khokon with various instruments to the point he
required hospitalisation shortly after midnight. When the family
approached the police on May 11, the police denied the victim was
in their custody and insisted the relatives leave without revealing
his whereabouts.

On May 12, the victim was transferred to a different hospital

where, on May 13, he died. Consequently, an inquest took
place and police refused to produce the Inquest Report to the
media, human rights defenders and relatives of the deceased.
Nevertheless, The Shahbagh police registered an Unnatural Death
case regarding the incident.

On May 14, police requested the signature of the victim’s

mother and registered a murder case against one of the alleged
perpetrators, though the dates of the alleged torture conflict with
timeline of the victim’s hospitalisation. The accused police officer
was then arrested and denied bail.

108 article 2  June - September 2014 Vol.13, No. 2 & 3

 On June 5, the police station of the accused perpetrator
attempted to bribe the father of the victim, who refused the
payment and asked only for justice. On June 14, the court began
the hearing of the case by continuing it to a later date. The father
of the victim, while leaving the courthouse, was approached by
the wife and several coworkers of the accused who threatened to
torture and kill the victim’s father if he did not withdraw the case.

Story 29: RAB officers asked their arrestees what cases they
should fabricate against them

Victims:
Mr. Salim Miah, 35, a businessman of fruits and fish, son of Mr.
Abdur Rashid, of Vaoal Chandpur village under the jurisdiction of
the Kapasia police station of the Gazipur district
Name of detained victims:
1. Mr. Mohammad Ali Hossain, a farmer and fish businessman,
of Pirojpur village under the Kapasia police station in Gazipur
district
2. Mr. Mohon, 28, son of Ismail Sirker of Mirpur
3. Mr. Abdul Hasanat, 28, son of Shibah Uddin of Vaoal Chandpur
village under the Kapasia police station of the Gazipur district
4. Mr. Mainul Islam
5. Mr. Mamun
Name of officers allegedly involved in the case:
1. Mr. Md. Mozaffar Hossain, Deputy Assistant Director (DAD)
2. Mr. Md. Jahangir Alam, Sub Inspector of Police
3. Mr. Quashem, Havildar
4. Mr. Taleb, Lance Nayek
5. Mr. Abul Bashar, Nayek
6. Mr. Mamun, Constable
All are attached to the Rapid Action Battalion (RAB)-4 stationed at
Paikpara in Mirpur of the city of Dhaka
Place of original incident: The custody of the RAB-4 in Dhaka
Date of original incident: 19 February 2010
AHRC-UAU-020-2010

On February 19, Mr. Salim Miah was among several people

arrested by the RAB while he was visiting his friend in his home.
The RAB was vague as to the reason why, and asked the victims
what type of case they should fabricate against them. The witness
claims that other witnesses saw Mr. Miah in a separate cell where
he had been tortured.

On March 1, the witness was released but Mr. Miah was not.
Mr. Miah’s wife spent several weeks searching police stations,
morgues, prisons, and hospitals to no avail and eventually filed
a Habeus petition.

On April 15, the courts held a hearing on the petition and the
government claimed they had never arrested or had custody of
the victim. The court told the police to recheck all their records

article 2  June - September 2014 Vol.13, No. 2 & 3 109

 and report back in three weeks on the whereabouts of anyone of
that name who had contact with the RAB. The police appear to
have ignored this order.

Story 30: Police kills a man who refused their offer to act as
their contract killer

Victim: Mr. Rubel, 30, of Sarulia under the jurisdiction of the Demra
police station in Dhaka Metropolitan City
Alleged perpetrators:
1. Major Kamruzzaman,
2. Deputy Assistant Director (DAD) Mr. Delwar Hossain,
3. Sergeant Mr. Ferdous Ali
4. Sub Inspector Mr. Aminur Rahman,
5. Constables Mr. Mohammad Ruhul Amin
6. Mr. Mohammad Abdul Quader
7. Mr. Faruk Hossain
8. Mr. Mohammad Pervez
9. Soldier Mr. Mohammad Jamshed All are attached to the Rapid
Action Battalion (RAB)-10 10. Demra Police Station, Dhaka
Metropolitan Police
Place of Incident: House No. 4 of the Garden Road at Bahir Tengra
of Sharulia area under the jurisdiction of the Demra police station
in the city of Dhaka.
Date of incident: 16 March 2010
AHRC-UAC-066-2010

On March 16 2010, an RAB team in civilian dress surrounded

the home of Mr. Rubel Ahmed’s neighbour while he was visiting.
One of the officers approached Mr. Ahmed and conducted an
inspection of the victim using information he received in a
contemporaneous phone call. When the inspection concluded,
they restrained Mr. Ahmed. They began beating him and insisted
he had firearms. The victim managed to escape to the rooftop
where he was detained a second time. They shot him in the head
and torso while taking him back downstairs.

The police then allegedly tried to stage the scene as either a

gunfight or a suicide (or both) before alleging it had been a cross-
fire related death during a gun battle. Local witnesses strongly
dispute any possibility that a gun battle occurred. The body was
examined and returned to the family for burial, but the police
insisted the burial happen immediately, and warned the family
not to make a complaint.

The brother of the victim believes the RAB office had motives
to kill. He alleges that someone had approached the victim and
attempted to hire him as a contract killer. When the victim refused
and then warned the person whom he was asked to kill, the person
hired the police to kill Mr. Ahmed in revenge.

110 article 2  June - September 2014 Vol.13, No. 2 & 3

Story 31: A policeman who demanded bribe from his victims
asked them to collect their money back after he was exposed

Victim: Mr. Kazi Muhammad Ziaul Haque, 30, employed as a Senior

Principal Officer of the Rupali Bank Ltd. at the head office of the
bank in Dhaka, son of late Mr. Shamsul Haque, of 18/9 Rajar Bagh
under the Shabuzbagh police station of the Dhaka Metropolitan area
Alleged perpetrators:
1. Mr. Md. Rafikul Islam, Sub Inspector of Police
2. Mr. Murad, Constable of Police
3. Mr. Mamun, Sub Inspector of Police, Second Officer
4. Mr. Tofazzel Hossain, Officer-in-Charge (OC)
5. Two unidentified police officers All are attached to the Motijheel
police station
Place of Incident: Motijheel police custody under the Dhaka
Metropolitan Police
Date of incident: 7 to 8 March 2010 Ziaul Haque
AHRC-UAC-031-2010

On March 7, the victim was involved in a small accident. The

responding officer demanded a bribe from the victim and insisted
that the victim bring the officer to the victim’s house for payment
of the bribe. When it became known to the officer that the victim’s
family would be unable to pay the bribe, he allegedly attempted
to throw the victim from the bike while it was still moving, but
then called his superior officer who arrested him and brought
him back to the police station.

At the station, the two policemen began to beat the victim in

the presence of the other individual involved in the crash. The
police then threatened to fabricate charges against the victim and
kill him in a staged gunfight. Eventually the brother of the victim
arrived, but the police refused to deal with him unless he paid a
reduced bribe, which he could not.

The next day the victim and his brother brought before the
SI where the victim signed blank documents and was charged
with offenses loosely related to the previous events. The victim,
then released, went to a local medical center where the doctor
recommended he be admitted for his injuries.

Later, he filed two petitions on the matter and had his case
published in a national newspaper, he was contacted by a local
OC who wanted to schedule a meeting to discuss a refund of the
bribe money, an invitation the victim rejected.

Story 32: The family of a man whom police falsely charged

paid bribe so the police would not to torture him but they
tortured him anyway

Victims:
1. Mr. Md. Sohrab Hossain, 40, a carpenter by profession, son of
late Mr. Mokshed Sheikh, of Tokia village under the Paikgachha
police station in Khulna district Md. Sohrab Hossain

article 2  June - September 2014 Vol.13, No. 2 & 3 111

 2. Mr. Hamidur Rahman, 38, son of Mr. Akimuddin Sheikh, an
inhabitant of Madanpur village,
3. Mr. Selim Morol, 40, son of Mr. Hazrat Morol, of Islamkati village.
Both villages are under the Tala police station in Satkhira
district
Alleged perpetrators:
1. Md. Lutfor Rahma, Sub Inspector (SI), attached to the Tala Police
Station in Satkhira district as the Second Officer of the police
station
2. Four police constables of the Tala police station of Sathkhira
district
Date of the arrest: At 9pm on 7 January 2010
Place of arrest: Atharomile Bazar, Dumuria, Khulna
AHRC-UAC-028-2010

On January 7 2010, the police arrested Mr. Sohrab Hossain

with two murder suspects. The police proceeded to beat him before
bringing him to their station. The police at the station investigated
and concluded that he might have lied about his name, since his
name bore a passing resemblance to a different murder suspect,
and proceeded to torture him in order to obtain a confession.

The next day Mr. Hossain was charged with robbery from
December 2009 and brought before a court scheduled the remand
hearing for the January 13, and ordered the victim to be held until
then. His family attempted to visit him and was forced to pay bribe
before the police gave them any information. The court allowed
two days remand, and he was later returned to the police station
while the family bribed the SI not to torture the victim further.

However, the torture continued and the family was required

to pay an additional bribe to ensure that he was given food, and
then charged transportation fees for his transit to and from the
jail where he was kept. Mr. Hossain was kept in custody for at
least two months, in spite of his family’s protestations regarding
the case against him.

Story 33: Police files charges against protestors for

condemning the death of a torture victim

Victims:
1. Mr. Md. Mohiuddin Arif, 30, married with two children, son of
Mr. Md. Abdul Mazid, of House No. 928, Road No. 5, section-7
of the Pallabi Residential Area of Dhaka Metropolitan city
Alleged perpetrators:
1. Mr. Mr. Anowar
2. Mr. Babul
3. Mr. Bishawnath
All are officers of the Rapid Action Battalion
4. Mr. Kabir Hossain, Lieutenant Colonel of the Bangladesh Army,
currently seconded to the Rapid Action Battalion (RAB) as the
Commander of the RAB-4 based in Mirpur of Dhaka Metropolitan
City

112 article 2  June - September 2014 Vol.13, No. 2 & 3

5. Mr. Iqbal Hossain, Officer-in-Charge (OC), Pallabi Police Station
under the Dhaka Metropolitan Police
6. Police officers of the Pallabi Police Station
Date of arrest: January 24, 2010
Place of incident: Office of the Rapid Action Battalion-4 and Pallabi
Police Station
AHRC-UAC-019-2010

On January 24, officers from the RAB arrested Mr. Arif at his
family’s home and warned his family not to tell anyone about
it. Later when they came back, Mr. Arif already had injuries.
They then ransacked his house supposedly to find evidence they
could used against him, but they could not find any they began
assaulting Mr. Arif in front of his family.

Under torture, Mr. Arif told the RAB officers they could find
a gun in his home. Mr. Arif, however, knew they would fabricate
a charge against him, and the officers would continue torturing
him until they have evidence, even if there is nothing at all. When
they could not find any, the RAB left taking Mr. Arif with them.

The next day the victim was transferred to police custody. The
police denied Mr. Arif’s family to visit him. They told them they
would be feed him.

On January 26, Mr. Arif was charged with robbery without

him being presented in person in court. His family visited him and
learned that due to his injuries, he could not stand; he suffered
from broken bones in his legs and torso, among other injuries.
The judge then ordered him detained in jail. Over the next several
days Mr. Arif was repeatedly sent for medical treatment and
returned to his cell.

On February 3, Mr. Arif died before reaching the hospital. The

medical examiner investigated pursuant to an inquest, but details
of the report were not made public. When the community staged
a protest against the RAB, the police responded by registering
cases against the forty protestors. They began intimidating and
threatening them.

Story 34: Torture of a journalist in a police vehicle in Rangpur

Victim:
1. Mr. Saidul Islam Alamgir, 40, of district correspondent for the
Bangladesh Shangbad Shangastha (BSS), a state-run
news agency. He is son of late Mr. Farid Uddin and
lives in West Mulatole in Rangpur.
Alleged perpetrators:
1. Mr. Nur Alam
2. Mr. Rajendra Chandra Sheel
3. Mr. Shariful Islam, Second Officer,
4. Mr. Mustifizur Rahman

article 2  June - September 2014 Vol.13, No. 2 & 3 113

 All are Sub Inspectors of Police, attached to the Kotowali Police
Station in Rangpur
5. Mr. Abdus Sabur, Havilder of police
6. Mr. Mehedi Hassan, Constable of Police
Both are attached to the Kotowali Police Station in Rangpurt
Place of the incident: Inside a police vehicle under the
jurisdiction of the Kotwali Police Station, Rangpur, Bangladesh
Time and date of torture: 11:30pm 12 January to 3am 13
January 2010
AHRC-UAC-008-2010

On January 10, Mr. Saidul Islam Alamgir filed a complaint

regarding the actions of several influential businessmen.

On January 12, after missing an appointment with the police

OC, he was briefly abducted and beaten by a group, some of whom
he recognised as police officers who also tried to cause permanent
injury to him and threatened to kill him in the presence of his
nephew (who was also detained). At the station, Mr. Alamgir was
forced into an overcrowded cell, denied explanation of his arrest,
and threatened again.

The next day, the victim collapsed and, after some confrontation,
other journalists were able to secure his release and brought him
to a local hospital for treatment. He was then briefly held in a
courtroom jail before being transferred to a prison. However, on
the 14th, due to intercession by several individuals and in part due
to his health, he was granted bail for further medical treatment.

Story 35: Elderly widows denied food

Victims:
1. Bimala, 75, widow
2. Halima, 73, widow
3. Sobiron, 82, widow
4. Sarifon Nesha, 72, widow
Victim who paid bribe to get old age allowance
5. Mr. Sabed Ali, 82, paid BDK 2000 (USD 30) to get old age
allowance
Victim whose Vulnerable Group Development (VGD) card is kept
with a member of Union Council
6. Ms. Nasima, wife of Mr. Safiqul Islam
Alleged perpetrators:
1. Chairman of Union Council, Ghorabandha village, Halimnagar
post office, Palashbari sub-district, Gaibandha district, Rangpur
division
2. Mr. Hamid and Other members of Union council of Ghorabandha
village
3. Public servants of Palashbari sub-district in charge of relevant
social security programs
These persons took bribes to provide social security programs or
keep the food distribution card (VGD card) but did not distribute
them.

114 article 2  June - September 2014 Vol.13, No. 2 & 3

Place of incident: Ghorabandha village, Halimnagar post office,
Palashbari sub-district, Gaibandha district, Rangpur division.
AHRC-HAG-002-2010

Thirteen elderly individuals from three villages have not

received support to which they are entitled regarding their
situation. While some of them have been able to scrape by
on assistance from family members, most are suffering from
inadequate nutrition, inadequate healthcare, and failing health.

Upon appealing to local leaders they are often required to

pay bribes outside of their financial ability. In many cases this
means that they are forced to beg on the streets. Those with family
often find the support from friends and relatives is insufficient to
ameliorate the government’s failure.

Story 36: Eviction of around 30 lower caste families in a

Hindu community

Victims: Low caste; Hindu; Nathpara community in Karal village,

under the Patiya police station in Chittagong district.
Alleged perpetrators: The Ministry of Communication, the Patiya
police and representatives from Chittagong and Patiya Upazilla.
AHRC-UAG-002-2009

On September 15 2009 the District

Administration of Chittagong served a notice to the
residents of Nathpara, Karol village, asking that
they claim official ownership before 14 October
2009. The residents did not respond as some of
them may not actually have legally recognized
documents that prove their ownership and several
evictions attempts have followed and were met
with protests.

The inhabitants alternately claim that their historic and

sentimental attachment to the land is not being properly
considered and that the policy to compensate them is flawed.
Concurrently they alleged that they were targeted because of
their status as a minority, and their previous marginalisation
would make moving difficult for them. While they acknowledge
that the project will improve the infrastructure of the area, they
fear that internal displacement may lead them to into further
financial difficulty.

In following weeks a group of community representatives have

met and received verbal assurances from the incumbent minister
and secretaries. However the local administration, with police,
continued to visit the village regularly to urge residents to leave.

article 2  June - September 2014 Vol.13, No. 2 & 3 115

 Story 37: Police sexually molested, tortured a pregnant
woman they abduct

Victim: Mrs. Shahin Sultana Santa, 34, wife of Mr. Atiur Rahman
(a lawyer by profession), former residents of house number 7/A
(3rd Floor), Road number 10, Mohammadia Housing Society under
Mohammadpur police station in Dhaka
Alleged perpetrators:
1. Mr. Mazharul Haque, Deputy Commissioner of Police (South
Zone), Dhaka Metropolitan Police (DMP)
2. Mr. Kohinur Mian, Deputy Commissioner of Police (West Zone),
Dhaka Metropolitan Police (DMP)
3. Mr. Ruhul Amin, Police Constable of the Dhaka Metropolitan
Police (DMP)
4. Around 20 to 25 police personnel of the Dhaka Metropolitan
Police (DMP)
Date of incident: 12 March 2006
Place of incident: Mirpur Road, in between Manik Mian Avenue and
Road number 27 of Dhanmondi R/A in Dhaka
UA-105-2006; UP-058-2006

On March 12, Mrs. Shahin Sultana Santa, is diabetic and

was pregnant at the time of the assault, was abducted, sexually
assaulted, and tortured by various means by police. As a result,
she suffered numerous injuries due to which she miscarried.
Since then the police have threatened her and her husband with
fabricated charges against them and intimidated witnesses. In
one case a witness was killed in a trap alleged to have been set
by police. On May 21, her case was dismissed.

On October 30, Santa registered a Revision Petition with the

Metropolitan Sessions Court of Dhaka, which challenged the
tribunal’s dismissal of her torture case. The complaint had been
pending for almost three years, with nineteen successive hearings
called, and delayed, until 27 September 2009, when the court
ordered the police to register the complaint.

After investigation, several attempts were made to arrest

the perpetrators who, in the interim, were suspended and, on 1
October 2009, pre-emptively filed a petition for bail. The police
also began internal proceedings and recorded witness statements
on November 30.

Story 38: Killing of a man in ‘crossfire’

Victims:
1. Mr. Nirapad Boiragi, 58; son of late Mr. Sonnasi Boiragi, formerly
a tailor in a shop owned by Mr. Peter at Chalna Bazar; of Sajiara
village, under the Dumuria police station, Khulna
Alleged perpetrators:
1. Mr. Md. Fauzul Kabir, Inspector of Police and Officer-in-Charge
(OC) of the Dumuria police station, Khulna
2. Other officers attached to the Dumuria police, Khulna

116 article 2  June - September 2014 Vol.13, No. 2 & 3

3. Officers attached to Kakope police station, Khulna
4. Officers of the Khulna district police
Date of incident: 9 October 2009
Place of incident: On the bank of Bhadra River, beside Dumuria
Bazar, in an area under the Dumuria police station, Khulna
AHRC-UAC-167-2009

Mr. Nirapad Boiragi, who had been arbitrarily arrested at least

three times prior was, on October 7 2009, was summoned to a
local police station where he was arrested and detained without
warrant. When his family tried to contact him and arrange legal
representation the next day, they were unable to determine where
he was.

On October 9, the family was informed he was killed in

“crossfire” during a gun battle with the police during the arrest of
a subversive political group, a story that conflicts with his prior
arrest and detainment.

The police only allowed the family to identify the body once,
at a distance, before refusing to allow any further examination
or care, before they ordered its immediate cremation without the
consent or involvement of the family and, the next day, gave the
victim a funeral with honors appropriate to his position.

Story 39: Three women were beaten by a mob in a land dispute

Victims:
1. Ms. Rita Kuntala Gomes; lawyer; daughter of Mr. Sunil Gomes;
living at DCC 606/A North Kafrul under the Kafrul police station,
Dhaka Metropolitan City.
Names of alleged negligent officials:
1. Mr. Delwar Ahamed Inspector of Police and Officer-in-Charge
(OC) of the Kafrul police station
2. Mr. Maniruzzaman, Sub Inspector of Police
3. Mr. Mohammad Emdadul Haq, Sub Inspector of Police
4. Mr. Faruk Ahmed, Sub Inspector of Police
5. Mr. Mahbub, Assistant Sub Inspector of Police
All attached to the Kafrul Police Station under the Dhaka
Metropolitan Police (DMP) in Dhaka.
Date of incident: 22 October 2009
Place of incident: Victim’s residence
AHRC-UAC-157-2009

On 9 October 2009, Ms. Gomes was called to a local police

station to address a land dispute that was already pending in
court. On arrival, however, she was informed that an FIR had
been lodged against her entire family by the other party alleging
theft of construction materials.

The next day, a group of women gathered outside the other

party’s house and, at the instruction of the owner, began using
sticks to beat the victim, her mother, and an employee. Arrival of

article 2  June - September 2014 Vol.13, No. 2 & 3 117

 the police brought the attack to a halt, but the officers left shortly
thereafter without offering protection, dispersing the group of
attackers, or making arrests.

On October 11, Ms. Gomes and her family were granted bail
regarding the charge of theft and subsequently received threats
of eviction. On October 22, the victim reported that gunfire was
heard outside her house, but the police did not investigate. The
victim believes this is an extension of a pattern of neglect fuelled
by religious intolerance as she and her family are members of a
minority religious group.

Story 40: Disappearance of a torture victim after police

picked him up

Victims:
1. Mr. Muzibur Rahman, 40, a businessman, son of Mr. Munsop
Sana, of Court Road in the Paikgachha town under the
Paikgachha police station in Khulna
Alleged perpetrators:
1. Mr. Aminul Islam, Sub Inspector of Police
2. Mr. Momin Uddin, Sub Inspector of Police
3. Mr. Md. Aslam Hossain, Inspector of Police and Officer-in-Charge
(OC)
4. Mr. Ramesh, Constable of Police
All are attached to the Paikgachha police station of the Khulna
district
Place of incident: Paikgachha police station in Khulna distirct
Date of incident: 13 November 2009
AHRC-UAU-032-2009; UP-048-2007

On November 13 2009, Mr. Muzibur Rahman was arrested

at his farm without warrant, detained but not made available to
family or legal representatives, and then taken away in a police
vehicle. The police eventually remarked that they had been ordered
to send him to the Office of the Deputy Inspector General of Police.
His family believe this was related to his claims of police torture
(which he had decided not to pursue in court) stemming from a
case several years earlier.

Story 41: Detention and torture of a man whom police laid

fabricated charges on four occasions

Victim:
1. Mr. Golok Chandra Mandal, 32, a businessman by profession,
son of late Mr. Govinda Chandra Mandal, of Khaliarchak village
under the Paikgachha police station in Khulna district
Alleged perpetrators:
1. Mr. Ainuddin Bishwas, Sub Inspector of Police
2. Mr. S. M. Badrul Alam, Inspector of Police and Officer-in-Charge
(OC)
3. Mr. Hashem Ali Khan, Inspector of Police and Officer-in-Charge
(OC), recently withdrawn from the Paikgachha police station

118 article 2  June - September 2014 Vol.13, No. 2 & 3

4. Mr. Delwar Hossain, Sub Inspector of Police, recently transferred
to Kustia district
All were attached to the Paikgachha Police Station at the time of
the incidents
5. Mr. Gawharul Islam, Sub Inspector of Police, attached to the
Batiyaghata police station of Khulna district
6. Mr. Saiful Islam, Inspector of Police, attached to the Detective
Branch of Police of Khulna district
Perpetrators involved in beating:
1. Mr. Md. Abdullah Sardar, 32, son of Mr. Omar Ali Sardar
2. Mr. Mizanur Rahman, 30, son of late Mr. Zobed Gazi
3. Mr. Jagadish Paramanik, 32, son of Mr. Sunil Paramanik
4. Mr. Mrittunjay, 30, son of Mr. Bhushan Mandal
All are living in Sarol village under the Paikgachha police station
in Khulna district
5. Mr. Md. Madhu Sheikh, 36, son of Mr. Habibur Rahman Sheikh,
living in Mekelpuraikati under the Paikgachha police station in
Khulna district
Date of incident: 11 September, 2009
Place of incident: Police station of Paikgachha
AHRC-UAC-147-2009

Starting in 2008, Mr. Golak Chandra Mandal has had several

cases fabricated against him, allegedly at the behest of business
and political rivals, in an effort to harass, detain, and defame him.

Mr. Mandal spent 18 days in prison, from September 17 to

October 5, 2008, in spite of already being cleared of involvement
by police investigation. Another case was fabricated against him
shortly thereafter, and bribes were solicited from the family to
ensure a favourable report.

On October 26, the police arrested him on suspicion of

murder using evidence allegedly obtained after 3 days of torturing
the “witnesses” (he was not a suspect named by the official
complainant).

On October 27, the police filed for the arrest warrant (in spite
of the fact he had already been arrested). He was detained until
November 25, when the court granted three days of remand,
during which he was tortured while the OC solicited bribes from
family to ensure he would not be permanently disabled. He was
then returned to jail where he remained until December 27, when
he was released and went into hiding.

On January 24, the investigation into a charge filed in October,

alleging a crime the victim could not have committed as he was in
jail at the time, finally cleared him of wrong doing. Subsequently,
he filed a complaint against the police, and the DIG ordered an
inquiry. The local police responded by arranging an assault of the
victim. The victim filed a complaint on September 2 regarding the
assault, and within hours the group returned and beat him with

article 2  June - September 2014 Vol.13, No. 2 & 3 119

 sticks and machetes before robbing him. The police first refused
to file regarding the second assault, but eventually filed an FIR
after the victim was required to get a court order on September 8.

On September 11, the police filed an assault FIR naming Mr.

Mandal as a suspect. Strangely, the person filing it claimed he was
not allowed to read the FIR before signing it, and later signed an
affidavit alleging the police had used him to fabricate the charges.

On September 17, the police claimed that their investigation

into Mr. Mandal’s allegations had cleared their officers of wrong
doing. The victim submitted an objection with affidavits from
witnesses avowing the police had never contacted them during
the investigation.

Story 42: Police prevented a journalist from filing torture

allegations against paramilitary soldiers

Victim:
1. Mr. F. M. Masum, journalist of the New Age, an English speaking
national daily newspaper; living in South Jatrabari, Dhaka
Metropolitan City
Alleged perpetrators:
1. Mr. Anis, Flight Lieutenant of the Bangladesh Air Force, attached
to the Rapid Action Battalion-10 at the time of the incident
2. Around eight other members of the Rapid Action Battalion-10.
Date of incident: 22 October 2009
Place of incident: The house of the victim and the office of the RAB-
10 at Dhalapur in Dhaka
AHRC-UAC-146-2009

On October 22, the RAB raided the residence of F. M. Masum,

beat him with various weapons, tortured him, threatened to kill
him, and attempted to frame him as a drug dealer. When they
removed him from the premises, they refused to allow him to
bring his asthma medication. Calls made to various officials in
an attempt to correct the situation were met with dramatically
different stories and attitudes, many mutually exclusive, though
eventually they agreed to release Mr. Masum.

He was shortly released “in good health” in spite of his need

for hospitalisation and significant medical treatment and months
of rehabilitation. The first hospital he visited also refused to admit
him despite determining his condition as “critical”. It is believed
that this was done at the behest of the military.

The following day, the RAB released a statement of “regret”

and promised an internal investigation. Over the next two days,
attempts were made to register a case with the local police, and
the Home Minister assured the victim the case would be registered,
but the police had still not registered the case as of October 31.

120 article 2  June - September 2014 Vol.13, No. 2 & 3

Story 43: Police pressured the victim of an acid attack to
withdraw her case and marry her attacker

Victim:
1. Ms. Reshma, 18; daughter of Mr. Md. Habibullah Morol; of
Horinkhola village under the Koyra police station in Khulna
district.
Alleged perpetrators:
1. Mr. Md. Abdul Hashem, Sub Inspector of Police; attached to
Koyra Police Station in Khulna district at the time of the incident.
2. Mr. Kazi Daud Hossain, Inspector of Police and Officer-in-Charge
(OC) of Koyra Police Station in Khulna district at the time of the Reshma
incident.
3. Mr. Md. Ayub Mollah, age 20; son of Mr. Eakub Mollah; living
in Ghatakhali under Koyra Police Station in Khulna district.
Date of incident: 7 May 2009
Place of incident: The victim’s home, Horinkhola village, Khulna
district
AHRC-UAC-144-2009

The victim, after refusing a marriage proposal, enduring

harassment, and reporting that harassment to the perpetrator’s
family, was threatened by the perpetrator with an acid attack.

On May 7, 2009, the perpetrator attempted to sexually assault

Ms. Reshma, and when she resisted he threw acid onto her face.

When Ms. Reshma attempted to file a case, the police refused

and recommended that she settle for financial restitution and
marry her attacker as they believe her family was too poor
and her perpetrators family too well connected for her claim to
succeed. The perpetrator and his political associates then started
to harass Reshma, threatening her life, and other witnesses have
also allegedly been warned not to testify. The case she filed with
in September, at a different police station, allegedly cleared the
perpetrator of wrong doing.

Story 44: Police torture a man and file fake charges against
him and others

Victims:
1. Mr. Monirul Islam Morol, 35, son of Mr. Md. Lutfur Morol, living in
Dhamrail village under the Paikgachha police station in Khulna
distirct
Name of the Victim (In Fabricated Case):
1. Mr. Khairul Islam, 36, son of late Mr. Jasmatullah Fakir, living
in Chak Kawali village under the Paikgachha police station in
Khulna district
2. Mr. Anarul Sana, 38, son of late Mr. Jaha Box Sana, living in
Kawali village under the Paikgachha police station in Khulna
district
3. Mr. Seyed Ali Sardar, 37, son of Mr. Jasim Sardar, living in
Nagarghata village under the Patkelghata police station of Monirul Islam Morol
Satkhira district
article 2  June - September 2014 Vol.13, No. 2 & 3 121
 4. Ms. Rawshanara, 40, elected Member of Nagarghat Union
Council in the reserved seats for the female persons, daughter
of Mr. Jasim Sardar, living in Nagarghata village under the
Patkelghata police station of Satkhira district
5. Mr. Enayet Gazi, 36, son of Mr. Ibrahim Gazi, living in
Patkelghata village under the Patkelghata police station of
Satkhira district
6. Mr. Kabir Mollik, 22, son of Mr. Kawsar Mallik, living in Dhulihar
village under the Satkhira Sadar police station in Satkhira
district
7. Mr. Shafikul Mallik, 40, son of Mr. Kawsar Mallik, living in
Dhulihar village under the Satkhira Sadar police station in
Satkhira district
8. Mr. Nazrul Islam Sana, 35, son of Mr. Mohiuddin Sana, living
in Dhulihar village under the Satkhira Sadar police station in
Satkhira district
9. Mr. Razzak Morol, 39, son of Mr. Asmatullah Morol, living in
Alomdanga under the Patkelghata police station of Satkhira
district
10. Mr. Ismaile Hossain, 30, son of Mr. Nur Mohammad, living
in Jhikargachha under the Kolaroa police station in Satkhira
district
11. Mr. Abdul Hannan Boddi, age 38, son of Mr. Abdul Kader Boddi,
living in Komlapur under the Satkhira Sadar police station in
Satkhira district
12. Mr. Kutub Ali, 28, son of Mr. Sayed Ali, living in Hadipur village
under the Devhata police station in Satkhira district
Alleged perpetrators:
1. Mr. Delware Hossain, Sub Inspector of Police, attached to the
Paikgachha police station in Khulna district at the time of the
incident
2. Mr. Badrul Alam, Inspector of Police and Officer-in-Charge (OC)
of the Paikgachha police station in Khulna district at the time
of the incident
3. Ms. Monzila Begum, age 36, wife of Mr. Afaz Uddin, living in
Dhamrail under the Paikgachha police station in Khulna district
4. Ms. Fatema Begum, age 55, wife of Mr. Wahed Ali Gayen, living
in Moukhali under the Paikgachha police station in Khulna
district
5. Sub Inspector Ziaur Rahman Zia, Sub Inspector of Police,
attached to the Patkelghata police station in Satkhira district
at the time of the incident
Date of incident: 13 May and 23 - 29 July 2009
Place of incident: Home of Monirul Islam Morol and the Paikgachha
police station
AHRC-UAC-138-2009

A number of victims of fraud (one of whom was a council

member), in an agreement signed and witnessed by the police sub
inspector on 13 May 2009, took custody of one of the men who
defrauded them while he was to repay the victims (This agreement
of responsibility is known as “Jimmanama” and is outside the
legal process).

122 article 2  June - September 2014 Vol.13, No. 2 & 3

 The criminal’s mother, however, filed a case against the victims
alleging they had kidnapped her son and led a police raid on the
council member’s house to rescue him. During the raid, they
also beat and arrested the council member’s younger brother.
Subsequently, various raids on the homes of the fraud victims took
place and the police attempted to arrest them. While one victim
was able to secure a High Court order against the police on July
3, the others had to resort to bribery to ensure the raids would
stop. Nevertheless, the police filed an abduction case against the
victims and, when a victim (Mr. Monirul) complained, arrested,
detained, and beat him without a warrant.

On 25 July, the police fabricated a case of attempted abduction

of the fraud’s daughter against a group of the victims. During
this time they began beating Mr. Monirul again as a means of
soliciting bribes from his family.

Story 45: Police corruption resulted in kidnapping of a girl

four times in a month

Victim (Abducted): Ms. Rupa Mandal, 12, daughter of late Mr.

Bikash Chandra Mandal
Name of the victim (Police Torture):
1. Ms. Shukkuli Rani Mandal, 40, wife of late Mr. Bikash Chandra
Mandal
2. Ms. Krishna Mandal, 14, daughter of late Mr. Bikash Chandra
Mandal
All are living in Saral village under the Ward number 5 of the
Paikgachha Municipality in Khulna district.
Alleged perpetrators (Abduction):
1. Mr. Zohor Ali Morol, 22, working as a Staff of the Jewel Fish
Product Ltd. at Paikgachha in Khulna district,
2. Mr. Haidar Ali Morol, 35
3. Mr. Nur Islam Morol, 26
4. Mr. Asadul Islam Morol, 38
All are sons of Mr. Intaz Ali Morol, of Batikhali village under the
Ward number 6 of the Paikgachha Municipality in Khulna district
5. Mr. Md. Islam Sardar, 50, son of late Mr. Sadan Sardar, of
Batikhali village under the Ward number 6 of the Paikgachha
Municipality in Khulna district
6. Mr. Md. Salim, 42, working as the General Manager of Jewel
Fish Product Ltd. At Paikgachha in Khulna district
7. Mr. Md. Shahidul Islam, 40, working as a Staff of the Jewel
Fish Product Ltd. at Paikgachha in Khulna district, son of Md.
Nowsher Ali Sardar, living in Kazla village under the Sadar
police station in Satkhira district
8. Mr. Abdus Sattar Par, 42, working as a Staff of the Jewel Fish
Product Ltd. at Paikgachha in Khulna district, son of late Mr.
Nur Ali Par, of Indonagar village under the Sadar police station
in Satkhira district
Alleged Perpetrator (Police Torture):
9. Mr. Delwar Hossain, Sub Inspector of Police, attached to the
Paikgachha police station in Khulna district

article 2  June - September 2014 Vol.13, No. 2 & 3 123

 Date of incident: At 11:00 AM on 22 August 2009
Place of incident (Abduction): House of the victims
Place of incident (Police Torture): Paikgachha Bus Terminal and the
Office of the Jewel Fish Product Ltd.
AHRC-UAC-119-2009

On July 22, Ms. Mandal was abducted. While she was rescued
by police at the behest of her mother, the police refused to file a
complaint. On Jul 27, she was abducted again and the police
refused to respond, but she was ultimately rescued by members
of the local community. On August 19, Ms. Mandal was abducted
a third time, this time taken to the home of the perpetrator. The
police again refused to file a criminal complaint, but solicited a
bribe from the perpetrator as well as a promise that he would
direct his interest towards marrying a Muslim girl.

The perpetrator subsequently informed the victim’s family

that he would marry the victim anyway, and that he would kill
anyone who attempted to intervene. The family appealed to the
local government who, in turn, ordered the police to provide
protection for the victim’s family. The police made no effort to
follow this order. On August 22, the victim was abducted again
while members of her family were beaten. The mother of the
victim appealed to the police and was again denied assistance
of any kind.

An FIR was filed only after petition to the Special Tribunal

for Women and Children Repression Prevention of Khulna. The
victim’s family was then subjected to threats from employees of
the perpetrator’s company and the police pressured them to either
arbitrate or withdraw the case. On September 10, the SI believed
to have assisted the perpetrators was transferred, but the victim
had still not been located.

Story 46: Two men arbitrarily detained and tortured by police

to elicit bribes

Victims:
1. Mr. Monirul Islam Monir, son of late Mr. Nawab Ali Gazi
2. Mr. Shahidul Islam, son of Mr. Shahar Ali
Both resident in Takia village, Khulna district, under the jurisdiction
of the Paikgachha police station
Names of alleged perpetrators:
1. Mr. Ayub Ali, Sub Inspector of Police, attached to Paikgachha
police station,Khulna district
2. Mr. Ali Hashem Khan, Inspector of Police and Officer-in-Charge
(OC), Paikgachha police station, Khulna district
Date of arrest and torture: November 2 to 6, 2008
Place of torture: Paikgachha police custody
AHRC-UAC-049-2009

In September 2007, Mr. Shahidul Islam and Mr. Monirul

Islam were accused of burglary by a neighbour. The son of the

124 article 2  June - September 2014 Vol.13, No. 2 & 3

neighbour attempted to file a report, but was asked for a bribe
by the OIC and SI. Instead of filing the report, the SI was tasked
with resolving the case through other means.

On 2 November 2008, the SI summoned Shahidul to the police

station and had him held there without cause while other police
forced their way into Monirul’s home and arrested him.

The two men were held for four days and, when they were
unable to pay the requested bribes, they were beaten and tortured.
The police then informed the family of the torture and demanded
the family pay the bribe (which the family borrowed money to do).
The men were subsequently brought to court where they were
accused of having been causing a public disturbance near the
magistrate the night before (while they were in police custody).

On 12 June 2009, the two victims were summoned to appear

the next day at a police station 3 hours away from their home to
testify regarding their allegations of police torture. The day of the
appointment, and officer went to their home and issued threats
in an attempt to get them to show up. The victims declined to
appear, though the mother of one of the victims claims she did
not pass the summons to them at all. Another notice was sent
on June 23, but arrived after the proposed meeting time. A third
notice arrived on July 18, with a request that the Shahidul first
visit the local police station. Shahidul, fearing that he would be
tortured again, opted to pay a motorbike rider to drive him to the
meeting and bypass the local police.

At the meeting Shahidul claims the ASP questioned him,

asked what motivated him to complain to human rights groups,
and asked him to speculate on what might have happened had
he not been released or had the police instead charged him with
a more serious crime. He believed that this was intended to skew
his perspective of the events.

Story 47: Twelve men are detained and tortured by police

under fabricated charges

Victims:
1. Mr. Farid Tarafdar, son of Mr. Esen Ali Tarafdar, a grocer,
whose right hand was broken
2. Mr. Shahidul Bishwas, son of Mr. Abdul Malek Bishwas and
a fish-seller
3. Mr. Tarek Mirza, son of Mr. Rafikur Mirza and vegetables-seller
4. Mr. Uzzal Bishwas, son of late Mr. Haren Bishwas and a
banana-seller, whose right hand was broken
5. Mr. Kishore Banarjee, son of Mr. Dilip Banarjee and a worker
of a local cable operator
6. Mr. Nil Ratan Banarjee, son of Mr. Ganesh Banarjee and a tea
stall owner

article 2  June - September 2014 Vol.13, No. 2 & 3 125

 7. Mr. Titon Datta, son of Mr. Arjun Datta and a worker of a local
cable operator
8. Mr. Alamgir Dewan, son of Mr. Mohammod Ali Dewan and an
electrician
9. Mr. Md. Bazlur Rahman Gazi, son of Mr. Abul Kashem Gazi and
a restaurant worker, who sustained serious damage to his left
shoulder
10. Mr. Rafikul Islam, son of Mr. Mohammod Ali and a banana
seller
11. Mr. Ziaur Rahman Zia, son of Mr. Abul Hossain, rickshawpuller,
who sustained serious injury to his left heel and cannot walk
12. Mr. Swapan, son of Mr. Subol Bishwas and a motor vehicle
driver, whose middle back has been seriously injured
All resident in the municipal area of Manirampur municipal town,
Jessore district, under the jurisdiction of the Manirampur police
station
Names of alleged perpetrators:
1. Mr. Lokman Hakim, Officer-in-Charge (OC) of the Manirampur
Police Station
2. Mr. Abdul Kader Begh, Officer-in-Charge (OC) of the Kotowali
Police Station
3. Mr. Apurba Hassan, Town Sub Inspector of Police, attached to
the Kotowali police station, Jessore district
4. Five police officers of the Manirampur and the Kotowali police
stations of Jessore district
Date of arrest and torture: 10 May 2009
Place of torture: Manirampur and the Kotowali police station in
Jessore
AHRC-UAC-052-2009

On May 10 2009, following a clash between two factions of

the student wing of the ruling political party, the police arrested
a group of 13 men who were sitting in a school field late at
night. While one of the men was released, the other 12 were held
overnight and beaten. The next morning, the police charged them
with conspiracy to commit a cognizable offence, bail was granted,
and they were released.

The victims then went to a local press club to report their

treatment. Four of the victims claim to have been unable to work
due to their injuries, and that they cannot afford proper medical
treatment.

126 article 2  June - September 2014 Vol.13, No. 2 & 3

 INTERVIEWS
‘The rulers do not believe in
human dignity’

Nurul Kabir
Editor, New Age

(Nurul Kabir had his undergraduate and postgraduate education in English

at the University of Dhaka in 1982 and 1983 respectively. In 1983, he also
graduated law from the same university. He was a leading activist of the
student movement against military rule in the 1980s. He joined journalism
as a political correspondent in 1990. He has authored a number of books.)

Article 2: As a senior journalist, four decades after

independence, do you think that the promises made at the time
of setting up Bangladesh as an independent democratic state,
have been met?

Nurul Kabir: Bangladesh engaged in a war of independence

with a view to ensuring ‘equality, human dignity and social
justice’ for the people of Bangladesh. A record of the country’s
‘proclamation of independence’ was made on 10 April 1971.

After independence was achieved, Bangladesh constitutionally

promised to be a ‘people’s republic’. The ‘preamble’ of the
constitution of the newly created state pledged that the
‘fundamental aim of the state’ would be: ‘to realize … a society in

article 2  June - September 2014 Vol.13, No. 2 & 3 127

 which the rule of law, fundamental human rights and freedom,
equality and political, economic and social justice, would be
secured for all citizens’ and to ensure socio-political conditions
in which the citizens would ‘prosper in freedom’.

“ There is an
enormous gap
between the
In 1971, more than four decades into independence,
Bangladesh had grown into an autocratic state. The ruling coteries
aspirations of the had all the privileges to practically ‘prosper in freedom’, with
state protection. For the ordinary masses, including the middle
Bangladeshi people
class, ‘fundamental human rights, freedom, equality and political,
at large and the economic and social justice’ remain elusive.

”
political elite.
Article 2: Are there any inconsistencies between the
aspirations of the people of Bangladesh and those of the political
elite and the bureaucrats?

Nurul Kabir: There is an enormous gap between the

aspirations of the Bangladeshi people at large and the political elite
and the bureaucrats. The people aspire to a truly representative
democracy. A government that is genuinely accountable to the
people. An economy that is egalitarian, where all would have
equal access to public resources. And, of course, a secular
political culture in which religion would not be used for partisan
or personal gains. These are the principles and values that were
missing in our country during the Pakistani era. The war of
liberation war was fought to bring back those things that were
taken away.

Our nation’s political elite are spread out over two political
camps led by the Bangladesh Awami League and the Bangladesh
Nationalist Party. They have gradually imposed a political culture
which is devoid of democratic practices both within and without
the parties. A model of unbridled market economy was introduced
which survives by creating disparities in incomes on a continuing
basis. This culture permits the political use of religion which
contributes to the growth of ‘religious communalism’.

State bureaucracy, which is the beneficiary of the undemocratic

political, economic and cultural systems, is an obvious instrument
of the elite which perpetuates the anti-people systems.

Article 2: To what extent has militarization contributed to

making Bangladesh what it is today as opposed to what it would
have been without militarization?

Nurul Kabir: The various phases of military rule have

definitely contributed to an autocratic society and to a specific
form of government in Bangladesh. It was primarily the failure
of the political parties that paved the way for military takeovers.
Every time a military takeover has taken place, the people have
eventually and successfully taken to the streets. They sent the
military back to their barracks, thus helping the political parties
return to power. In all of this, the political elite have not conducted

128 article 2  June - September 2014 Vol.13, No. 2 & 3

themselves properly, generating a sense of frustration among the
population.

Therefore, the entire ruling class, including both civil and

military elite, is to blame for the precarious state of affairs in
Bangladesh at the present time. “ Violence, instead
of consent, was
the primary means
Article 2: What are the challenges to realizing freedom of used by those states
expression and opinion to the fullest in Bangladesh?
in governing the
Nurul Kabir: Bangladesh suffers from the existence of a
political elite class, divided into two feuding political camps, which
is inherently undemocratic. The elite in question try to silence
people.
”
the dissenting views of the citizens. It adopts various means,
ranging from keeping the intelligentsia divided on political lines
to intimidating the dissenting voices by various legal and extra-
legal means. Organized resistance of the democratically oriented
intelligentsia, backed by public sympathy, is the prime answer
to the problem.

Article 2: Is the culture of violence inseparable from the

specific form of government in Bangladesh? What should be done
to end widespread violence in the country?

Nurul Kabir: Historically, the people of Bangladesh have lived

under two repressive regimes, that of the British colonial and
Pakistani neo-colonial states. Violence, instead of consent, was
the primary means used by those states in governing the people.
Democratic struggles by the general populace against British
colonialism or Pakistani rule often turned violent. In addition,
Bangladesh emerged from a violent war of independence.

After the emergence of Bangladesh, successive governments

have used state and organizational violence in varying degrees,
to control political dissent. The opposition, on the other hand,
have at times, resorted to violence of various kinds to respond to
state-sponsored violence. Understandably, the ruling class has
not allowed the culture of democratic tolerance to put forth its
views, political or otherwise, or to develop in Bangladesh up to the
present. As a result, the virus of violence has spread beyond the
political arena, affecting social, familial and personal relations.

However, one does not have a reason to believe that violence

is inseparable from the Bangladesh polity. There is a growing
demand in society to put an end to the culture of physical, verbal
and psychological violence.

Article 2: What is your opinion about endemic torture,

extrajudicial execution, and the government’s often quoted
excuses of ‘crossfire’ and ‘gun battle’?

Nurul Kabir: The endemic torture of citizens by the state of

alleged criminals or not - means that the rulers do not believe

article 2  June - September 2014 Vol.13, No. 2 & 3 129

 in the dignity of the human person. Extra-judicial execution
means the rulers have no respect for the rule of law. Successive
governments’ propaganda about ‘crossfire’ ‘encounters’, ‘gun
battles’, and the like suggests that they think they can always

“ Paramilitary force
killed hundreds of
political leaders and
fool the people.

However, such an oppressive, dictatorial approach by the state

”
activists. towards alleged criminals or others, is entirely unacceptable to a
democratic mind-set. Social resistance against this phenomenon is
the essential element which could prevent an unruly government
from continuing their objectionable practices.

Article 2: What is the difference between ‘enforced

disappearances’ and ‘secret killings’ that happened before and
during the independence movement and those that are happening
at the present time?

Nurul Kabir: During Bangladesh’s war of independence in

1971, the Pakistani army of occupation, with the collaboration of
some Islamist political groups opposing liberation, had engineered
‘enforced disappearances’ of many Bangladeshis supporting
the cause of independence. The objective of such extrajudicial
murders was to weaken the forces engaged in the war of liberation.

Immediately before the defeat of the Pakistani forces, the

Jamaat-e-Islami, with one of its front organizations, the Al Badr,
had allegedly masterminded the ‘enforced disappearances’ of
many left-wing intellectuals. They were later found dead in a
‘killing ground’ on the outskirts of Dhaka. The aim of these
gruesome acts was to hinder the growth of a socialistic influence
in the post-liberation society of Bangladesh.

In the independent Bangladesh, the Rakhsmi Bahini, a

paramilitary force created by the Awami League with party
loyalists, was behind ‘enforced disappearances’ and ‘extra-judicial
murders’. They killed hundreds of political leaders and activists.
The most prominent among them was Siraj Sikder, the chief
of the left-wing Sarbahara Party. He put up armed resistance
against the pseudo-democratic government of Sheikh Mujibur
Rahman. The objective of the Awami-league was to consolidate
their rule without opposition from any political quarters – armed
or not armed.

During the initials months of the military regime of General

Ziaur Rahman, allegations were made. It was said that dozens
of military officials, opposing his takeover, were victims of ‘extra-
judicial murders’ inside temporary troop quarters – beyond the
eyes of the public.

State extra-judicial killings reappeared during Khaleda Zia’s

second term in office, with the short-lived ‘operation clean heart’.
Under this operation, the army picked up ‘anti-social elements’
and killed them in the dark of night. Most of the victims of this
infamous ‘operation’ were young men belonging to Khaleda’s own

130 article 2  June - September 2014 Vol.13, No. 2 & 3

party, the Bangladesh Nationalist Party. Their objective was to
‘quickly discipline’ the hardened criminals by extrajudicial means.

In addition, there were a number of victims of government

sponsored extra-judicial murders under the Khaleda regime, who
belonged to ‘ultra-left’ political groups active in the rural areas.
These were politically motivated murders to prevent the possible
“ The institutions
responsible for
delivering criminal
rise of a politically left ideology. justice in Bangladesh
suffer from many
The ‘enforced disappearances’ and ‘extra-judicial murders’
reached a climax, after the post-independence Awami League era,
under the second and controversial third term in office of Sheikh
Hasina. Primarily, the victims were the opposition leaders and
”
limitations.

activists belonging to the Bangladesh Nationalist Party and the

Bangladesh Jamaat-e-Islami. All these operations appear to have
as their prime objective, the weakening of their political opponents.

A good number of politically innocent people, including

children, have also been the victims of the above operations. The
cause is reportedly the steadily growing financial corruption in
the ‘forces’ responsible for carrying out ‘enforced disappearances’
and ‘secret killings’. Due to bribes, they target persons with no
political connections.

Article 2: How far are the criminal justice institutions and

the Supreme Court of Bangladesh independent and capable of
preventing gross human rights abuses?

Nurul Kabir: The institutions responsible for delivering

criminal justice in Bangladesh suffer from many limitations.
The prime limitation is partisan interference by the Executive,
particularly at the lower level of the judiciary. Two other serious
impediments, also at the lower level, are the financial corruption
in the police and the lack of administrative justice. These three
impediments contribute towards the prevention of human rights
abuses.

As for the higher judiciary, allegation has it that some

benches are being influenced by partisan interests and/or fear
of government intimidation. Although difficult to prove such
allegations, one is free to infer such a conclusion. An example
would be, when a politician is refused bail for an alleged crime
under one political regime and the same politician accused of the
same crime under another regime is granted bail.

Article 2: To what extent has the judiciary contributed towards

limiting its own freedom and independence?

Nurul Kabir: The main obstacles for the judiciary to act with
complete freedom, arises out of partisan interests and intimidation
by successive governments.

The leadership of the judiciary has taken stands beyond limiting

freedom and independence. Other institutions, too, ranging from

article 2  June - September 2014 Vol.13, No. 2 & 3 131

 public universities, to election commissions, to public service
commissions, to the media, have taken additional stands on
issues. . Historically, these institutions have on more than one
occasion supported, willingly or unwillingly, extra-constitutional

“ Many people in
the mainstream of
‘civil society’ lack
political and military regimes. This is an institutional moral
weakness, which is very difficult for successive leaders to reject.

understanding. The bar is a very important component for the bench to deliver
justice. However, it is politically divided along partisan lines. They
This lack of insight
rarely forget their partisan interests while conducting cases of
concerns the rights abuses. Yet, there are exceptional people in both the bench
importance of non- and the bar, who have stood their ground against any possible
partisan intellectual governmental intimidation.
activism.
” Article 2: Do you think that the criminal justice institutions in
Bangladesh have become puppets under various political parties
and the military?

Nurul Kabir: Despite its limitations, it would be too simplistic,

or even an injustice, to say that the criminal justice institutions in
Bangladesh have been acting as puppets under various regimes.
Some people have gotten relief from government intimidations,
thanks to quick judicial action by the country’s highest court.
However, the poorer sections of the population cannot afford
such benefits from the higher judiciary, for which the judges can
hardly be blamed.

Article 2: What divides the mainstream of civil society in

Bangladesh along political lines and how far has it affected their
independence?

Nurul Kabir: In the first place, many people in the mainstream

of ‘civil society’ lack understanding. This lack of insight concerns
the importance of non-partisan intellectual activism for the
democratic transformation of the state and society. Secondly, the
partisan reading of national history has polarized the intelligentsia
into two feuding political camps led by the Bangladesh Awami
League and the Bangladesh Nationalist Party. In addition, vested
interests play a role in recruiting members in the civil society
to join particular camps along the political divide. This division
has severely affected, and continues to affect, the strength of our
‘civil society’, the non-partisan pro-active role which is crucial for
democratic growth of the state.

Article 2: Is the global paranoia about growing Islamic

militancy in Bangladesh real?

Nurul Kabir: Islamist parties and groups have gained strength

in Bangladesh over the last decade or so. However, this has
nothing to do with the growth of ‘Islamic militancy’ as propagated
by certain anti-Bangladesh quarters at home and abroad.

132 article 2  June - September 2014 Vol.13, No. 2 & 3

 There are four reasons for the gradual Islamization of
Bangladeshi society. This includes failure of mainstream political
parties to effectively address the problems of the poor, the
Christianized West’s prolonged support for Israel and against
Palestine’s right to statehood, imposition of the so-called War
on Terror in Iraq and Afghanistan and India’s hostile attitude
towards Bangladesh.
“ The politically
conscious and
democratically
oriented need to
Moreover, there is the Awami League’s cynical attitude towards
realize that anyone
even pious Muslims and their repressive measures against
Islamist forces which have contributed to the further Islamization can be the victim of
of society. lawlessness at any

Article 2: Are there non-Bangladeshi interests that are

involved in promoting this idea?
time.
”
Nurul Kabir: Obviously. Certain Indian groups, from the
West Bengal state of India, have been digitally propagandizing
Bangladesh for years. Besides, an Indian intelligence agency,
and a section of India’s South Bloc officials, continuously project
Bangladesh as a land of Islamic militancy. The objective of such
efforts is aimed at securing Western support for India so it can
control Bangladesh. In this way their aspirations in establishing
dominance over Bangladesh can be met.

Article 2: To improve the situation of the rule of law in

Bangladesh what suggestions do you have, and how may leaders
motivate ordinary people to participate in actual nation-building?

Nurul Kabir: In any country, it is the people who are the prime
victims when there is no rule of law. So, the politically conscious
and democratically oriented sections, of the population, need to
put up an organized resistance to an undemocratic regime which
lords itself over national institutions. They need to realize that
anyone can be the victim of lawlessness at any time.

The leaders, themselves, must first visibly engage in nation-

building activities, before they can engage the entire populace in
nation building. Genuine leaders are those who lead by example.

article 2  June - September 2014 Vol.13, No. 2 & 3 133

 ‘Weak electoral process
perpetuates conflict’

Professor Anu Muhammad

Department of Economics
Jahangirnagar University

(Prof. Anu Muhammad is a professor of Economics at Jahangirnagar

University. He is a known economist and political activist. He has been
leading a movement in his capacity as Member Secretary of the ‘National
Committee to Protect Oil Gas, Mineral Resources, Port and Power’. He has
authored a number of books.)

Article 2: Have promises, made at the time of constituting

Bangladesh an independent democratic state, been met?

Professor Anu Muhammad: The process of establishing

democracy in Bangladesh has been hindered in many ways.
A regime in office immediately after independence imposed a
one-party rule, instead of establishing a democratic institution.
Initially, they indirectly set up the one-party rule that was later
transformed to a direct one-party ruling system. Subsequently,
the state of emergency and military rule was put in place, using
the same process. Bangladesh was under military rule for almost
15 years. As a matter of fact, Bangladesh re-entered into the same
form of repressive, autocratic rule which the people previously
fought against to achieve independence. However, a remnant of

134 article 2  June - September 2014 Vol.13, No. 2 & 3

beneficiaries remained who wished to continue this same type
of government. And in terms of wealth and power, an autocratic
system only benefits a small segment of the population.

More than twenty years have passed since the emergence of

our elected governmental system in 1991. During this period, the
government should have established institutions in compliance
“ There has been no
viable institutional
structure developed
with democratic norms. They have not lived up to expectations. For within the electoral

”
example, political parties, being autocratic, focus on one individual system.
who can exert undue influence on their party. In running the state,
political parties follow methods they are familiar with. As a result,
the Parliament never becomes a functional platform. Following
elections in Bangladesh, there are merely ‘representatives’ in the
Parliament. When the state has adopted certain principles and
bilateral and multi-national agreements, they are rarely discussed
beforehand in Parliament. Important decisions are taken outside
the Parliament. Vested-interests, both local and foreign, are often
behind such decisions.

Next, we need to realize that there has been no viable

institutional structure developed within the electoral system.
The Election Commission functions as a puppet of the regime
which means it does not work independently. This weakness of
the electoral process keeps conflicts on-going. As a result, the
concept of a ‘caretaker government’ arose. When the caretaker
government became partisan to the political government, this new
concept also lost confidence and acceptance. Now, it is only the
ruling party’s all-pervasive influence that persists. The January
5, 2014 election was held under such conditions.

Besides, a judicial system, that is supposed to be guiding the

nation free from executive influence, is not in place. On paper,
the judiciary is independent. But, in fact, it is still an institution
under the direct influence of the ruling party. The situation of the
judiciary has deteriorated further. It has lost its independence
and its distinct identity – whatever was left of it– in the last few
years. Governmental decisions have fully influenced the lowest
judiciary with the higher judiciary also subject to pressure.

Article 2: What is the actual status of ‘separation of power’

and ‘independence of the judiciary’ as two of the three basic pillars
of the state of Bangladesh?

Professor Anu Muhammad: The status of the judiciary’s

independence in Bangladesh is deplorable. Its distinct character,
as an independent branch separated from the Executive, does not
exist. On paper only, the lower judiciary is separated. In the way
the lower judiciary operates and adjudicates, clearly demonstrates
that every decision is fully influenced by the government. It can
also be said that many decisions of the higher judiciary are also
influenced in various ways by the government. Taking this reality
into consideration, and considering how it should be functioning

article 2  June - September 2014 Vol.13, No. 2 & 3 135

 as a democratic institution, the judiciary of Bangladesh is not
acting as a support and a last resort for its people.

Article 2: Are there any inconsistencies between the

“ The political elite

are in cooperation
with the bureaucrats.
aspirations of the ordinary people of Bangladesh, the political
elite and the bureaucrats?

Their main purpose Professor Anu Muhammad: There is a consistency between

is to increase their the bureaucrats in administration and the politicians or the
politically elite. These two groups are most powerful. They
personal wealth.
” cooperate with each other to further their on-going, unlawful
and lawless activities. Illegally appropriating general and public
property, including forests, rivers, canals or wetlands, is their
main endeavor. It does not matter whether the properties are
public or private. By using forged documents, black laws, and
arbitrary administrative decisions, individuals, having allegiance
with powerful ruling politicians, take possession of this wealth.
Ordinary people’s money, foreign grants - everything is the target
of their corruption. These appropriations are made on behalf of
ministers and the elite segment of the political parties, because
such things cannot be done without the active participation and
support from the bureaucrats. Thus, the political elite are in
cooperation with the bureaucrats. By reciprocating, these groups
including political leaders, bureaucrats, some ‘consultants’,
foreign groups, have created a syndicate to keep the cycle going. All
have contributed to building this syndicate. Their main purpose
is to increase their personal wealth as quickly as possible. And,
in order to acquire this individual wealth unhindered and to
accumulate more private wealth, they take shelter under various
forms of violence. They even use agencies and forces of the state
for their malicious purposes.

Article 2: To what extent has militarization contributed to

making Bangladesh what it is today?

Professor Anu Muhammad: Militarization is taking place

in two ways. First was the establishing of the military forces of
Bangladesh and the expansion of their authority. Second was
the creation of various armed forces under the control of private
parties. The armed forces, or the law-enforcement agencies, are
being expanded and used for the interests of those in power.
There are additional private forces with arms under the control
and patronization of power groups acting in their own interests;
these forces can be termed terrorists. These terrorist groups
are the most active groups in Bangladesh, today. They are not
independent. Rather, they work as an associate force of different
power groups. Their main job is to keep spreading violence in
various forms. These forces, whose very existence, are a threat and
stand in the way of the path of democracy. For instance, whenever
people protest against an unlawful or unfair action and demand
peace, these terrorists intervene, obstructing normal people’s lives.
Examples are trade unions in garment factories, and academic

136 article 2  June - September 2014 Vol.13, No. 2 & 3

institutions, sites of land-grabbing. The powerful groups protect
these terrorists, both of whom are protecting their own interests.

Article 2: What are the challenges in realizing the independence

of the judiciary to its fullest in Bangladesh?

Professor Anu Muhammad: The criminal justice system is not

“ Huge money
transactions take
place which influence
functioning independently, for two reasons. First, there are direct the judicial operating

”
influences from those who exercise powerful means of control. If system.
those who work in the judiciary ignore the wishes of these powerful
agents they may be harmed. There can be various consequences
for judges who remain in fear of these consequences. In order
to avoid possible retaliation, they do many things that are
questionable. Second, the judicial system is influenced not only
by power but by money. Due to massive corruption, the possibility
of monetary benefit is there, which happens in a direct manner.
Huge money transactions take place which influence the judicial
operating system. Therefore, those who are related to the judiciary
are unable to play their true roles.

Article 2: What is your opinion about Government excuses

of ‘crossfire’ and gun battle’, endemic custodial torture and
extrajudicial execution?

Professor Anu Muhammad: The state is itself directly involved

in these four areas. Incidents that are termed as ‘crossfire’,
‘encounter’, ‘gun-battle’ –are all made up stories. These are
state-sponsored killings by forces of the state. Law-enforcement
agencies such as the Police and the Rapid Action Battalion (RAB)
openly threaten people about ‘crossfire’. Several categories stand
out in murders of this kind.

First, whenever any person becomes politically challenging

to a particular regime, state agents are used to eliminate these
challenging figures with extreme persuasion. Second, if any
protestors attempt to prevent pro-government criminal gangs, in
alliance with powerful people, to appropriate lands, rivers, forests,
another’s property then the protestors are eliminated. Third, if
any member of a criminal gang leaves the group, or if any member
engages in any internal conflict within the gang, the weaker ones
are eliminated in the same way.

Fourth, fear is created in society in general so that a certain

silent consent results out of this fear. It is done in such a way that
no protests or challenges surface, which means the democratic
process does not function at all. The intention is to silence any
dissenting voice. If anyone speaks out they will possibly disappear
or be murdered.

I have heard the experiences of the people in Rampal, in

Bagerhat district [adjacent to the Sundarban mangrove area
where the government has given permission and land to an Indian

article 2  June - September 2014 Vol.13, No. 2 & 3 137

 company to establish a power plant despite a serious threat to the
environment, wild life, and human livelihood]. The people protested
against the decision of establishing a power plant. The RAB, police
and other agencies of the state went to the people and said, “If

“ The JRB used to

deny their killings.
Now, we see agencies
you protest and talk too much against this governmental decision,
we will put you in ‘crossfire’. It means that whenever the people
talk about their rights, the threat of ‘crossfire’ is used to frighten
describe the stories them into submission.
of their killings.
” All incidents of abduction and disappearance are being carried
out in the name of state agents. Private gangs, even commit these
crimes in the name of state agents like the police and the RAB
-who themselves are committing these crimes. Most importantly,
whoever commits such crimes, state agents are responsible. As
long as these incidents remain unanswered and unaddressed, it
stands to reason that the offenders are linked to influential groups
of the state. It has created a severe and distressing atmosphere
in Bangladesh.

Article 2: What is the difference between disappearances and

‘secret killings’ that took place before and during the independence
movement and those which occur today?

Professor Anu Muhammad: It is very frustrating that people

still have to fight for a democratic process, independent dignity
and the liberation war spirit. Immediately after independence,
disappearance became a massive problem under the aegis of the
Jatiya Rakkhi Bahini [Jatiya Rakkhi Bahini or National Defence
Force, a paramilitary force, created in February 1972, is accused of
large scale disappearances and extrajudicial executions amounting
to around 30,000 in three and a half years].

The difference between the incidents that happen now and

those which took place in earlier days is openness. The National
Defence Force aka Jatiya Rakkhi Bahini (JRB) used to kill people
secretly, while now the agencies declare the killings publicly,
by making up fake stories. The JRB used to deny their killings.
Now, we see agencies describe the stories of their killings. The
people whom they kill are publicly stigmatized by tagging them as
murderers, terrorists and the like. These killings are presented in a
way that the so-called terrorism is seen as under control by them.
These forces widely publicize the stories of their killings in society.
Throughout the process they humiliate everything-the democratic
process, the judicial system and the laws of the land. Undermined
are the thoughts and consciences of people. It means that those
valuable concepts of acceptability and necessity are neutered! The
criminal justice system and the judiciary is first made ineffective,
and then shown forth as ineffective. State institutions can then
further the killing of people with the justification that terrorism
is being controlled.

138 article 2  June - September 2014 Vol.13, No. 2 & 3

 Article 2: How independent and capable are the criminal
justice institutions and the Supreme Court of Bangladesh in
preventing gross human rights abuses?

Professor Anu Muhammad: I don’t see any notable role
for them. According to criminal law, a process is followed in
investigating a case, and subsequently a charge is brought against
“ There is impunity
which acts like
license. The meaning
the defendants. The role of the public institutions is the key. The of impunity offers a

”
police have a certain role in the process, but in fact, they are license to kill.
influenced by power and money. As a result, there is no space
for protecting the rights of the people.

It is very difficult, expensive and not possible for everyone to

approach the Supreme Court. Apart from this, there are many
cases where the Supreme Court gives certain directives to the
Government, which are not implemented. Both the Legislature
of the state and the Office of the Attorney General, act in such a
manner that the Court’s order is never executed if the offenders
have any allegiance with, or belong to the government. When a
Court order is issued in favor of an individual, who stands against
the interests of the government or its institutions, these officials
keep the matter hanging, unexecuted. Lingering and not following
an official court order amounts to a violation of the Supreme
Court’s order and makes it ineffective.

There is impunity which acts like license. In another words, the

meaning of impunity offers a license to kill. It literally encourages
the law-enforcement agencies to go forward, in effect following
this message, “You go ahead with whatever you wish to do and
undo. There will not be any consequences for your actions at all!”

For the above stated reasons, the Joint Drive Indemnity

Act, 2003, was passed in parliament. Subsequently, relying on
the indemnity laws, the police and the RAB engaged in similar
actions described above. Their crimes have crossed the line. They
have been using the privilege of impunity in settling individual
conflicts for personal gains and killing people for their personal
benefit while branding them as terrorists. These kinds of behavior
have become endemic. The situation is such that no person in
Bangladesh can claim that they feel safe. Any person, man or
woman, belonging to any profession or class, can be murdered
or made to disappear. This is the situation that has been created
in this country at the present time.

If there is any minimal form of democracy in a country,

impunity cannot co-exist with it! Everyone should be accountable
for their actions and should face trial if need be, regardless the
person, the crime committed or their socio-economic status.

Article 2: To what extent has the judiciary contributed to

limiting its own freedom and independence?

article 2  June - September 2014 Vol.13, No. 2 & 3 139

 Professor Anu Muhammad: We don’t see any effective role at
present for the judiciary. The reason being, that the administration,
judicial system and all other institutions are highly politicized.
This is characteristic of Bangladesh. The level of politicization is

“ The judiciary
survives as a hostage
to the powerful, the
such that the judiciary is not in a position to maintain fairness.
Voices of those who want to be part of an independent judiciary
are not heard, as a result of politicization.
government, regional

”
influential leaders. Within the judiciary, supporters of the Bangladesh Awami
League (BAL) always endorse the actions of their party regardless
of the problem. Protests, from the BNP, only surface when a matter
fits into its partisan interests. They have not taken a stand for
making the judiciary an independent institution nor have they
presented their position on this issue. They have no program
for such. We have observed how the BNP, during their time in
power, maintained control over the judiciary. The beneficiaries of a
politicized judiciary work to prevent the making of an independent
judiciary. They wish to keep the judiciary in their own grip.

As a result of politicization, independent voices are not heard.

And, all those who want to fight for change to ensure independence
have been hemmed in. Therefore, the judiciary survives as a
hostage to the powerful, the government, regional influential
leaders or a few people from the opposition. Often negotiation
and exchange of money takes place among these powerful groups.

Article 2: So, you think the criminal justice institutions in
Bangladesh are mere puppets under the military and various
political parties?

Professor Anu Muhammad: Yes, as I have already explained.

The criminal justice institution does not have an independent
position. In fact, it does not operate by any laws. It is operated
by influences which come from the government, through money,
from the existing layers of power in the country. The influence
of the military will depend on how much the military is allowed
to be involved in any institution or with the public. For example,
there are people from the military in the RAB, which is a force
that does not have any restrictions and is beyond any form of
accountability. The RAB itself plays the roles of the criminals. If
they act as a private force for those who are known criminals in
different parts of the country, then it is very difficult to bring the
RAB within the purview of the law, so it remains above the law.
Many RAB personnel come from the military. Even though they
commit crimes they still have scope for further influence.

For example, they are capable of physically threatening anyone.

So, they can be hazards to the security of lawyers and judges who
are working in the criminal justice system. No agency should be
above the law. No agency in place should have a license to kill
persons extrajudicially. No agency should exist, whose formation,
training, operation, and structure remain out view of the public.

140 article 2  June - September 2014 Vol.13, No. 2 & 3

 Article 2: What divides the mainstream civil society in
Bangladesh along political lines and how far has it affected their
independence?

Professor Anu Muhammad: There are two main political

flows/currents in the politics of Bangladesh. They are the Awami
League and the BNP. Both have associated parties. Certain
“ Another segment
desires appropriate
rewards from the
populations of society are associated with these two political flows. opposition for giving
These two parties have been in office by turns. Various allegations them support. Yet
of misdeeds have been leveled against each one of them. The
Awami League supporters defend their party by blaming the BNP
another segment
for the latter’s misdeeds. The pro-BNP people do the same thing never clarifies their
to defend their party. They publicize the wrong-doings of their
rivals so as to rationalize their own bad deeds. ”
position.

Another group, who rejects these two parties, and who wants
to stand up and help achieve the rights of the people, is not yet
strong enough to do so. We hear few voices of protest among the
populace. As yet, they have not been able to create a strong force
in society.

In the process certain things happen, such as financial

transactions in the form of consultancy. A group of intellectuals
get involved in consultancy, corporate funding, advertisements
or commissions from various foreign groups. Due to these factors
many from the educated class, who are supposed to speak out,
do not and do not tell the truth. Altogether, they constitute a
large group of people who not perform their required duties in
government because of greed for financial rewards. One segment
desires governmental power. Another segment desires appropriate
rewards from the opposition for giving them support. Yet another
segment never clarifies their position. Now, on the other hand, the
role of the media is influenced and curtailed by advertisements.
The media keep silence once an injustice occurs involving those
who have money to advertise, such as real estate companies,
mobile phone companies and the like. These advertisers’ crimes
and corruption do not become news items due to media silence.
The power of advertising, un-earned commissions, illegal financial
transactions and various forms of corruption, is so encompassing
that a significant portion of society does not fulfill their duties
and responsibilities in actual fact.

Article 2: Are the human rights organizations of Bangladesh

playing their roles, at least?

Professor Anu Muhammad: I don’t believe that the human

rights organizations of Bangladesh are vocal enough. The
situation of human rights in Bangladesh, at present, is very
bad. It deteriorates, day by day. In this context, I do not see
any activity by the human rights organizations. Their works are
limited to releasing one or two reports, once in a while. The areas
of concern of the rights organizations might have narrowed down

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 to what they are doing now. Perhaps, they are not finding suitable
issues to take up. There might be fear-factors which panic them.
Another aspect is their funding. Many issues depend on the types
of funding on which they operate, and the sources of these funds.

“ They use ‘Islamic

militancy’ to further
their own agendas,
We rarely see the human rights organizations consistently playing
their role from the perspective of principles. In an overview, they
are still very weak.
focusing on a
targeted area while Article 2: Is the global paranoia about growing Islamic
militancy in Bangladesh true?
saying, “There are

”
Islamic terrorists! Professor Anu Muhammad: I don’t believe it is. It’s totally
manufactured. What is the meaning of a ‘Muslim militant’,
anyway? We don’t see any significant number of Islamists
among the terrorist groups who operate and spread violence in
our country. However, we do observe an international trend in
believing this paranoia. The episode of ‘war on terror’ started by
the USA in 2001, shows that the ‘war on terror’ itself terrorizes
many human beings, many societies and the world. We observed
that the United States uses the excuse of ‘Muslim terrorists’
to dissect and destroy many parts of the world by leading
retaliations. The emergence of ‘Muslim militants’, in the previous
secular countries of Iraq, Syria, Libya, and other places is due to
actions of the United States. On one hand, the United States is
blaming ‘Islamic militancy’ for terrorist attacks, but the growth
and emergence of militancy is taking place due to their actions.
By spreading propaganda against Islam and Muslims, they have
caused outrageous feelings to surface against the West, among
the Muslims of the world.

I see three types of militancy in the world, Bangladesh included.

First, groups who operate, using violence and terrorism, to sustain
themselves in politics. Second, powerful groups, using ‘militancy’
as an excuse, who engage intelligence agencies and international
intelligence agents to conduct various types of operations. Their
purpose is to make draconian laws to repress people arbitrarily.
Third, various political, regional or international powers such as
India and the United States, who want to satisfy their military
interests. They use ‘Islamic militancy’ to further their own
agendas, focusing on a targeted area while saying, “There are
Islamic terrorists!”

What we need to understand is that the ‘terrorists’ are those

who originate ‘terrorizing’. What the United States is spreading
around the globe is nothing but terrorism. India, too, is using
violence but against many communities of its own population; that
is terrorism. The way they define ‘terror’ implies that the crimes
they commit are not ‘terrorism’, but protesting their actions are
‘terrorism’! Thus, the reality indicates that there is more fiction
than fact in the discussions on ‘terrorism’. Are those who use
‘terrorism’ as an excuse, really serious about addressing the issues
concerning terrorism? Rather, it appears that their actions are
pushing the problems in a different direction.

142 article 2  June - September 2014 Vol.13, No. 2 & 3

 Article 2: Are there non-Bangladeshi interests that are
involved in promoting this image?

Professor Anu Muhammad: The most interested parties in

exploiting ‘Islamic militancy’ in Bangladesh are the United States
and India. This issue is very useful for the US and India to effect
a certain strategic influence. They have certain agendas, based
“ It is very difficult
to differentiate who
are law-enforcement
on Bangladesh, and other countries in the Middle East like Saudi agencies and who
Arabia. They try to create a certain foundation of power. We need are private terrorist
to remember that Saudi Arabia is a key ally of the United States.
So, there is no need to see the roles of the US and Saudi Arabia
as different. The Saudis support various Islamist groups which
become excuses for the US for bringing out and using various
groups.
”
draconian laws. As a matter of fact, there is no doubt that both
of them maintain a relationship to promote ‘Islamic militancy’.

Article 2: To what extent are freedom of association and

freedom of expression and opinion guaranteed for the opposition
and dissident voices in Bangladesh?

Professor Anu Muhammad: Constitutionally these rights
are recognized. Even the government said it is so. But, in
reality, we see an opposing picture. Here are five such examples:
teachers protesting and demanding adequate pay; protests
against secretly leasing coal mines and oil fields; protests against
undisclosed agreements with a US company; protests against
coal-based power plants; protests by workers to increase their
wages. In all these cases, the police attacked the protestors so
violently, that their actions established the reality that rights –
the freedom of association and the freedom of expression do not
exist in this country. The government may claim that they allow
people to protest. However, attitudes and official behavior by law
enforcement officers indicate that the government actually wants
to snatch away all rights. Nevertheless, Bangladeshis’ still attempt
to protest due to their history of fighting a war of liberation and
continue to fight in the post-liberation war years. We still see
certain reflections of this.

Article 2: Is the culture of violence inseparable from polity,
the specific form of government in Bangladesh?

Professor Anu Muhammad: Exactly true! At this moment, it

is very difficult to differentiate who are law-enforcement agencies
and who are private terrorist groups. If we look at incidents of
abduction and disappearances for one month, we find that they
are carried out by law-enforcement agencies. Despite who commits
these crimes, law-enforcement agencies play a role in them
which shows that they have done it on behalf of private terrorist
groups. In cases where private terrorists carry out abductions
and disappearances for their own internal criminal matters, it
is found that these offenders are related to the law-enforcement
agencies. Take the example of Shamim Osman, the main terrorist
of Narayanganj. He has been responsible for incidents like child

article 2  June - September 2014 Vol.13, No. 2 & 3 143

 assassinations, abductions and disappearances that go on
unabatedly. Last year’s picture is even worse. Despite committing
an endless number of crimes, he is still at large, because the
law-enforcement agents do not take any action against him. In

“ When there is a
regime change, the
next party takes the
some cases, the law-enforcement agencies themselves are directly
involved in the crimes. Those [seven men] who were abducted and
disappeared yesterday [27 April 2014] worked for Shamim Osman.
process of looting to Because they left his group, they were abducted in the name of
a higher stage from law-enforcement agencies. This shows that the law-enforcement

”
agencies are being used to protect the interests of terrorist groups
their predecessors. or other vested groups. This is the dangerous situation, which
now prevails in Bangladesh.

Article 2: Are political parties contributing to the process of

establishing the rule of law in Bangladesh, as they promised?

Professor Anu Muhammad: The political parties in Bangladesh

do not contribute to the process of establishing the rule of law.
Their role is the exact opposite. When a political party assumes
governmental power, their immediate target is to accumulate as
much money as they can as quickly as they can. Their next target
is to send the acquired money abroad as fast as possible. If the
rule of law existed in Bangdalesh, they would not be able to do this
so easily and so quickly. As a result, they concentrate on illegally
appropriating assets thus multiplying the resources within their
disposal. When there is a regime change, the next party takes
the process of looting to a higher stage from their predecessors.
In the course of such consecutive plundering, regimes destroy
all institutions and administration systems. As days pass by, the
gravity and number of bad deeds mount higher and higher. If the
previous regime takes some 10 items, for example, the following
party picks up 20 or more, while in the next phase, another takes
away 50. Thus, the rate of appropriating public wealth is racing on
faster than ever. Subsequently, the level of violence and terrorist
actions escalates, hand in hand with the rate of looting the public
wealth. Most significantly though, insecurities in the ordinary
person’s life are on the rise, due to these conditions.

Article 2: To improve the situation of the rule of law in

Bangladesh, what suggestions do you have, and how could leaders
motivate ordinary people to participate in actual nation building?

Professor Anu Muhammad: All the people have been suffering

from the absence of the rule of law. This includes the people at
large, who support political parties like the Awami League and
the BNP, plus the ordinary voter. Everybody is suffering. The
small minority in power are the only beneficiaries of no rule of
law. However, on the part of the people, there is a need to be
realistic about their situation. They should reject their condition.
They should reject the politics of power. They should banish the
‘godfathers’ from the political arena. They should work to take hold
of their rightful power to reject these evil forces and conditions.
I don’t see any other alternative.

144 article 2  June - September 2014 Vol.13, No. 2 & 3

 Article 2: Are there any other comments that you wish to add?

Professor Anu Muhammad: I believe that in Bangladesh,

those who plunder the people’s assets get to fulfill their dreams.
But, they always want more. They want to hold on to power and
do so through the use of violence. But, they are not immune to “ A people united
together can defeat
adverse psychological effects. They have fear within themselves.
They are afraid of the people. To control this fear, they have to
use and spread violence. On the other side, I see the possibilities
”
the evil forces.

that lie in the power and strength of the people. If that power and
strength can be well-organized, the evil forces won’t be able to
continue to exist – regardless of their power in spreading violence.
The powerful people won’t be so powerful at all when the people
stand together to resist them. There are numerous instances in
some places in Bangladesh, where the vested violence-mongers
attempted doing objectionable things, but were defeated by the
people. At the end of the day, a people united together can defeat

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 “The government survives as
hostages in the hands of law
enforcement agencies”

Saiful Huq
politician and social activist

(Saiful Huq studied Economics at the University of Dhaka. He became

involved in student politics in 1967. He was among the first of few
politicians who opposed the military takeover by Gen. Ershad in 1982. He
is currently serving as the General Secretary of the Revolutionary Workers
Party of Bangladesh from 2004.)

Article 2: Where does democratization in Bangladesh stand

today?

Saiful Huq: The goal of our Liberation War in 1971 was

to build a secular, humane state - free from discrimination
and exploitation. When the constitution was written in 1972,
provisions for the rights of human beings were cited. But, for
the last 43 years, the people of Bangladesh have been repeatedly
deceived by the governments. At present, what is going on in
Bangladesh in the name of democracy is totally undemocratic. It is
communal towards smaller ethnicities, a unilateral authoritarian,
power-greedy system of governance. By commissioning the
Fifteenth Amendment of the Constitution, the present government
has put the last nail in the coffin of the democratic system in our
country. Now, any constructive criticism of the government is
considered seditious. This can be termed as the legitimatization

146 article 2  June - September 2014 Vol.13, No. 2 & 3

of fascism. So, what the incumbent government is doing in the
name of democracy, is nothing but state-fascism. It can also be
called constitutional absolutism.

Article 2: Is there any difference between on-going politics

and the aspirations of the people? “ Militarization and
democracy cannot

Saiful Huq: The government has extremely limited the

people’s right to vote in the January 5th election. Winning 153
”
exist together.

parliamentary seats, uncontested, is unprecedented in the history

of the world. After the ‘election’ the government claimed that the
turnout was 40%. In fact, the reality is that the government does
not get its mandate from 90% to 95% of the people of Bangladesh,
but from a small minority. Despite this fact, the government claims
to be ‘democratic’.

In the last election, the people either boycotted the vote or

defied the election. A government of any form requires a minimum
legitimacy, which comes from the support of the people. However,
in general, this government does not have any support from the
people. Not only this, but the government stands on a pyramid
of lies, which has been proven in print. One of the truths of
today is that, in fact, there is no opposition [to the government
in parliament].

Article 2: To what extent has militarization contributed to

making Bangladesh what it is today?

Saiful Huq: Militarization and democracy cannot exist

together. Militarization was started in our country during the time
of Ziaur Rahman. It was institutionalized by Ershad. In 1990, a
people’s uprising ousted Ershad, who was a military dictator. But,
it cannot be claimed that we succeeded in ousting militarization
completely.

Since the post-Ershad era, every regime has continued

militarization internally, but in a less visible manner. An example
would be the posting of military officers in important civilian
offices and termed as ‘deputation’ or ‘contractual’ appointments.
Practically, the truth is that none of the past regimes were free
from the olive color skins [sic].

About six months before General Ershad’s coup, we observed

that a certain notion was circulating throughout the general public
via the media. Basically, it was that military rule is essential for
sustainable development in a third world country like Bangladesh.
A group of theoreticians endorsed this notion at the time. Even
today, we see love of military rule among people of different walks
of life in Bangladesh. The concept of military bourgeois rule is
dangerous for a democracy.

We know that the military budget is allocated from our tax

money. However, this budget is never made public. In addition,
I assume that the total monies spent on military purchases and

article 2  June - September 2014 Vol.13, No. 2 & 3 147

 a detailed list of the items purchased, has never been available
to any of the Parliamentary Committees. But, yes, it is also true
that certain military-related information is sensitive and cannot
be made public. But, proportionately it is a small part. No one in

“ The public
has never been
informed as to who
our government has attempted to be transparent about military
information. One of the reasons for doing so is to be able to
continue the flattery of the military- done well by all the regimes.
the perpetrators
were that had been Often, military forces have been used to implement the political
agenda of the people. Whenever a regime realized that they had
punished for their become isolated from the people, they kept the military on alert
criminal actions.
” and certain elite forces were used for repressing the people.
Members of the military forces have been brought together to
constitute an elite force like the Rapid Action Battalion (RAB). The
bad deeds of this force ensured that the entire military force is
still criticized and stigmatized for such actions. Constitutionally,
the military is supposed to be used for protecting the interests
of the country. They have no right to go against the people. The
abuse of the army as a political weapon has created questions
about the role of the military itself within the force. Soldiers and
officers in the military have understood this reality, and I believe,
do not want to be in such a situation, yet, they do nothing

Article 2: Has violence in politics and the use of excessive force

by state agencies against political groups become inseparable?

Saiful Huq: At present, the people do not believe any version

of government communications, regardless of the format used, be
it ‘press note’, ‘statement’, ‘announcement’, ‘notice’ or ‘speech’.
This situation arose because the government either lies to the
people, or hides the truth from the public. A civilized state cannot
develop in such an environment.

We have heard that government agencies investigate incidents

of extrajudicial murders and take necessary action against the
perpetrators-or so the government claims. But, such information
has never been made public. The public has never been informed
as to who the perpetrators were that had been punished for their
criminal actions. Also not known are the content of the so-called
internal inquiries; were all the stories as true as the agencies
claimed? It is often heard that the so-called criminals are taken out
by law-enforcement agencies for ‘operation’. These are ambushed
‘criminals’, whose intention is to rescue their detained partner
and attack the state agents. In self-defence, the police or RAB
open fire, killing the ‘criminals’. In Bangla language, there is a
term called ‘Asharey Golpo’, which means a bogus story told in
the month of Ashar. Now, we are told the same ‘Asharey Golpo’
throughout the whole year.

I have not seen any fundamental difference between the

incumbent Bangladesh Awami League (BAL) led regime and the
regime led by the Bangladesh Nationalist Party (BNP), or others, in
terms of extrajudicial killings. The number of extrajudicial killings

148 article 2  June - September 2014 Vol.13, No. 2 & 3

was less during the regime led by Fakhruddin and Mainuddin;
however, it increased in 2009.

Recently, the BNP has been speaking out against on-going

secret killings, disappearances, and ‘crossfire’ killings, because,
their party leaders and activists have been victims of these “ Our freedom of
expression exists only
incidents. Previously, they did not speak out on these very same
issues.

on paper.
”
Article 2: How much freedom of association, freedom of
movement, and freedom to hold public rallies and meetings is
granted to opposition activists and dissidents?

Saiful Huq: Our freedom of expression exists only on paper.

One example of this is the Information and Communications
Technology Act. On the other side of the coin, there is the
surveillance of people being conducted in this country that is
incompatible with democratic structures and norms. There is
no reason to accept this as a ‘positive’ trend. The government is
denying the people’s right to hold rallies and meetings, using the
excuse of ‘public safety’. Opposition parties are limited in what
business they are allowed to conduct. They may not do anything
that will harm the regime continuing in office. Even peaceful and
logical criticism from the opposition is not tolerated. Our citizens
are hemmed in and suffocated by this form of autocracy.

Article 2: Do political parties keep their pledges to establish

the rule of law once they assume office?

Saiful Huq: Bangladesh’s political parties make many public

pledges prior to elections; they talk about the rule of law. After
winning the election and once they assume office, they forget all
about their pledges.

There are many reasons for this behavior. But first and
foremost is the reality that they do not care about the people.
Their interest lies in continuing in office, not in making progress
or developing the county. Assuming office means rampant looting
of public wealth. In simple terms, those in power are the kings
and queens, and those not in power are beggars.

Governmental power, as it is exercised in Bangladesh, has

relationships with political parties. This relationship is centered
on having power and acquiring wealth. Civil servants do not have
the interest of the public at heart. Some individuals and groups
use their power to accumulate money at a fast pace. Their actions
resemble the character and attitude of the East India Company,
who exploited the wealth of India to enrich London with money and
assets. In our country, the policymakers, in fact, see the country
as a looting ground. We hear from different sources that in the
last 43 years some 50 thousand billion taka have been taken out
of the country and laundered abroad. The business and savings
of many policymakers are also preserved abroad.

article 2  June - September 2014 Vol.13, No. 2 & 3 149

 Article 2: Have the criminal justice institutions become
independent and professional?

Saiful Huq: The independence of the judiciary and the criminal

“ Such bureaucratic
politics is disastrous
not only to the
justice institutions is a long cherished dream of the people. It
has been implemented on paper, not in reality. We observed that
justice is not achieved even in the higher judiciary-the last resort.
independence of And why is that? We see in the higher judiciary that the judges
the judiciary but are appointed because of their political identities. Professionalism
doesn’t enter into the equation. As a result, these judges have to
also to furthering think about the intentions of the government – who they want
democracy.
” to detain in prison and who they want to set free. The judiciary
often pronounces its judgments considering the wishes of the
political regime in power.

Prior to the election, the BAL declared that, if they were in

power, opposition leaders would not be imprisoned. The BNP
boycotted the election, and the BAL government started arresting
and detaining their members. The courts rarely granted bail. Does
this indicate that the judiciary is independent? How did the BAL
leaders know that the BNP leaders would be granted bail by the
courts if they decided to join the election?

The judiciary has to become the last resort for the people. They
can only be a last resort if they come out from under the control
of the executive branch of the state.

Article 2: Did the politics of post-independent Bangladesh,

the military, and the bureaucracy prevent the independence of
the judiciary?

Saiful Huq: Most certainly! Since independence, on-going

politics, the military, and the bureaucracy have prevented the
independence of the judiciary during the post-independence era.
We have observed for the last four decades that the political parties
talk about the independence of the judiciary. But in practical
terms, they do not want the judiciary to become independent. And
to achieve this end, we see political parties cultivating friendly
attitudes towards the judiciary.

Such bureaucratic politics is disastrous not only to the

independence of the judiciary but also to furthering democracy.
As judges are appointed because of their political allegiance,
we should scrutinize what the government expects from them.
However, in all this, I am not saying that every judge is politically
biased.

In 2007, to a certain extent, the government separated the

judiciary branch from the executive branch following public
pressure and to fulfill pledges made to the people. But, this
independence merely exists on paper.

Now, I will focus on the military and civilian bureaucracy. These

150 article 2  June - September 2014 Vol.13, No. 2 & 3

composite, self-centered groups keep up an indirect influence on
the judiciary as they cannot always maintain a direct influence
over them. In the past, military regimes have made the judiciary
their first targets. The judiciary, which is supposed to uphold the
freedom of our citizens and the supremacy of the constitution,
has been used by the military as its means of retaining power.
Some retired and senior judges have supported military rule and
“ The people
were sensitized
about crossfire
have functioned as advisors and even President of the republic. killings, and the
Judicial independence has not yet been fully achieved because situation required
the truth is the backbone of our judiciary is not strong enough.

the government to
Article 2: What is the difference between the disappearances release an official
and ‘secret killings’ that occurred before and during the statement about
independence movement and that which occurs today? individual, crossfire
Saiful Huq: A different trend has been observed in the pattern
of extrajudicial killings. In one word, disappearances are on the
increase. Earlier, a great deal of public attention was drawn to
”
killings.

extrajudicial killings done under the pretext of ‘crossfire’. The

people were sensitized and concerned about crossfire killings
and the situation required the government to release an official
statement about individual, crossfire killings. In the cases of
disappearances, the government appears to take no responsibility
for them. In the government’s version, non-state agents are
responsible for the disappearances. If we accept this, and they
are telling the truth, then the government should not have any
objection to public demands for independent commissions to
investigate the matter. But, why does the government object,
ignoring the need of forming a Commission who could investigate
and indict the perpetrators?

Let’s assume that someone is arrested. Afterwards, the dead

body of the arrested person is found floating somewhere. In such
a circumstance, who should be responsible to investigate this
murder? Who is the responsible entity among the police, the
RAB, the BGB [Border Guards, Bangladesh], Army soldiers, or
a private party? We don’t know. Who gives the green signal for
such murders?

Article 2: What is your opinion about endemic custodial

torture, extrajudicial execution, and the government’s oft-quoted
excuses of ‘crossfire’ and ‘gun battle’?

Saiful Huq: I would not say torture is ‘endemic’. Rather, it is

correct to say that torture is a matter of great concern. I wish to
raise the matter of torture in the name of remand. In the past,
we knew that, after being arrested, a detainee is supposed to
be safe in police custody. Now, that knowledge has been proven
wrong. People are being killed in ‘safe custody’ today. The state
has become the murderers. Now, elections are not required for
assuming power. Our Parliament is not effective. The government
controls the media. They even decide who participates in which
television talk shows and who does not.

article 2  June - September 2014 Vol.13, No. 2 & 3 151

 Article 2: Why do perpetrators of gross human rights abuse
– personnel of various state agencies – enjoy impunity, despite
public pledges by political parties to bring the perpetrators to
justice?

“ There are
reasons for the
growth of militancy.
Saiful Huq: Extrajudicial killings and impunity for crimes
cannot be operative in any civilized or democratic country. In
They are lack of Bangladesh, whenever the ruling political parties have been
education, poverty, unpopular and isolated from the people, they have been dependent
on state agencies to take action. Regimes have given license to
unemployment, state agents to kill people, guaranteeing impunity to the killers.
frustration, and As the regimes’ isolation from the people increases, the culture
severe forms of class- of impunity becomes more complex. When state’s forces kill
exploitation.
” people, the victims’ relatives are prevented from registering
complaints. This state of affairs cannot continue! Due to a culture
of impunity, governmental isolation from the people has given
law-enforcement agencies the freedom of doing and un-doing
whatever they wish. The government survives as hostages in the
hands of these law-enforcement agencies. Both groups have their
own interests in such a culture of impunity. We often see that
investigating committees are made to investigate the crimes of
these forces. However, the investigators belong to the same forces
in question. Such investigations yield nothing but a conflict of
interest! The people have their own insights. They do not believe
that the truth behind the RAB’s crimes will ever be revealed by
RAB’s own officers.

As to extrajudicial killings, I once personally questioned one of

our Law Ministers. I said, “I witnessed law-enforcement agencies
killing my father and brother. Now, by imposing the indemnity
ordinance you are preventing me from filing cases against the
perpetrators; who gave you such authority?” I did not receive an
answer.

Article 2: Is the global paranoia about growing Islamic

militancy in Bangladesh true?

Saiful Huq: We have to admit that there are varied activities of

different militant groups in our country. But, the way it has been
presented – the perspective is political. During the BNP-led regime
the activities of the JMB [Jama’yetul Muzahidin Bangladesh]
operated with state assistance. Later, when actions of the [JMB]
were out of control, the government checked them.

The way the incumbent regime is presenting Bangladesh, as

a militancy-prone terrorist nation, is ludicrous in the extreme. It
is doing this for the purpose of gaining support and cooperation
from the USA and other European countries.

There are reasons for the growth of militancy. They are lack
of education, poverty, unemployment, frustration, and severe
forms of class-exploitation. None of our governments have
identified these reasons, nor have they initiated any programs for

152 article 2  June - September 2014 Vol.13, No. 2 & 3

removing these existing problems. Beside this [reality] someone
is being handcuffed as a militant. It is not a solution. It must be
remembered that militancy is driven by ideology. Such ideology
cannot be defeated by handcuffs alone. In order to gain the upper
hand in this situation, we need to defeat the regime by encouraging
the general populace in a progressive and class-exploitation-free
manner, in the spirit of the war of liberation.
“ I believe in the
value of a heightened
people’s awareness.
Those who love
Article 2: How can people be attracted to a true form of democracy and peace
constructive politics?
are becoming more
Saiful Huq: I am always optimistic. Despite all our problems,
I think that the time to do this is not yet over. My hope is that
some day the voices of the ordinary people, will eventually reach
”
aware of this.

the ears of the government. The people will become vocal in their
demands. On that day, Bangladesh will move forward.

Article 2: How can the state be constituted, incorporating a

functional rule of law and a flourishing democracy?

Saiful Huq: I think by holding the latest election, problems

have increased. Instead of solving them, they have made them
more complicated in the long run. The government should, as
soon as possible, inaugurate some forms of self-criticism and self-
realization about how things are. Dialogues should be arranged
immediately to move towards solving the political crisis. Any
failure to do so will change the fate of the people into a greater
disaster.

Article 2: Are there any other additional comments that you

wish to add?

Saiful Huq: I believe in the value of a heightened people’s

awareness. Those who love democracy and peace are becoming
more aware of this reality. Our state has lots of problems. These
problems have not grown up overnight. Likewise, they cannot
be changed overnight. The good thing is that people’s positive
thoughts are flourishing day-by-day; the space for a heightened
consciousness is increasing. This mass-awareness may well turn
into a mass-protest. This is the ray of hope we rely on. It is the
duty of the political parties’ to unite the scattered voices of the
people. Take for example, the people of Narayanganj, where their
reaction put the RAB on a different footing. It is not true that
people will protest only after being pushed to the wall. We have
seen in Narayanganj that the people who were not directly affected
have also taken to the streets; they too protested. And millions
of people in Bangladesh will not commit suicide because of on-
going frustration. For the sake of existing as a human being, for
the sake of a future, for the sake of creativity, they will be aware
and protest.

article 2  June - September 2014 Vol.13, No. 2 & 3 153

 “The criminal justice
system is useless”

Shahed Kayes
Poet and human rights defender

[Shahed Kayes is a teacher, poet, social-cultural & rights activist. He

graduated as an engineer in computer science and information technology.
He initiated a movement for educating the dalit and deprived children
of river-gipsy, cobbler, fisherfolk and indigenous communities in rural
Bangladesh. He has authored two books of poetry.]

Article 2: As a rights defender, how do you see the criminal

justice system of Bangladesh?

Shahed Kayes: The criminal justice system of Bangladesh is,

in fact, useless. There are several reasons behind this uselessness.
The main reason behind this problem is political influence on the
judiciary. This influence is a constant presence everywhere, in a
large scale. The way the ruling political party or groups use their
influence on the judiciary damages the entire system.

Besides, the judiciary itself has not achieved the required

mindset, competence, and commitment for administering
justice, which an independent institution must have. What fellow
activists and I, back in Mayadip, have gone through can prove
the incompetence and uselessness of the criminal justice system.

Firstly, five cases were fabricated against my fellow activists,

including one case against me. The activists and inhabitants of

154 article 2  June - September 2014 Vol.13, No. 2 & 3

Mayadip and I have been implicated in these fabricated cases
in 2010, 2012, and 2013. These cases were deliberately filed
in two different jurisdictions – the Sonargaon police station
in Narayanganj district and with the Meghna police station in
Comilla district. The complainants were thugs of the companies
responsible for illegal sand mining at Mayadip Island1. The police
have filed distorted investigation reports against us in all five
“ The behavior of
the institutions –
obliged to uphold
fabricated cases, due to political pressure and bribery from the the rule of law – in
thugs of the mining companies. these nine cases, and
Secondly, the victims and inhabitants of Mayadip Island
the behaviour of
who had come under physical attack for protesting against the the civil and police
illegal sand mining and I have filed two cases, in person, against administrations as
the perpetrators. The inhabitants of Mayadip filed two more well as the political
cases against them. The police investigated these four cases entities, have
and submitted weakened reports [known as ‘charge sheet’ in established that
Bangladesh] to the Courts, widening the scope for the perpetrators
to walk free. The police have done this due to the same reasons
the criminal justice
of political pressure and corruption. So, we have been compelled system is meant to be
to be part of nine cases for no reason; this may help us interpret
the character of the state apparatus of Bangladesh. ”
useless.

Thirdly, apart from these nine cases, the then Assistant

Commissioner (AC) of Land, Sonargaon, Narayanganj, filed a
case against the same group of perpetrators, against whom
the inhabitants of Mayadip have been fighting, for illegal sand-
mining. He filed this case for illegal extraction of sand without
governmental permission and abducting him and me from the
Meghna river. This case has put on ice now. After filing this
case, the AC-Land was transferred away from Sonargaon; this is
assumed to be punishment for him.

The behavior of the institutions – obliged to uphold the rule of

law – in these nine cases, and the behaviour of the civil and police
administrations as well as the political entities, have established
that the criminal justice system is meant to be useless. Instead,
the state apparatus remains a façade so that undeserving
wealth can be earned by the use and abuse of political power in
collaboration with criminal justice institutions.

Article 2: What sort of harassment did you and your fellow

activists face during the course of the litigations you have been
party to?

Shahed Kayes: I should say a little bit about the locations

of the courts where we had to appear for the hearings in the
five fabricated cases against us. Although the Comilla district is
just on the opposite bank of the Meghna River, it requires a long
time, lot of money, and trouble to reach there from Mayadip, due

1 Mayadip is situated in the middle of the Meghna River, within the jurisdiction
of Narayanganj district. The opposite side of the Meghna River is Comilla
district.

article 2  June - September 2014 Vol.13, No. 2 & 3 155

 to the complicated infrastructure, transportation system, and
security risk. It takes at least five hours to reach Comilla district
headquarters from Mayadip Island. This island is virtually cut-
off from the basic infrastructures that the people deserve. There

“ In order to appear
before the courts in
Comilla district, the
is no road connection with the main towns of the country from
Mayadip. Around twelve thousand ultra poor people do not have
any basic facilities such as the healthcare, education, drinking
defendants have to water supply, employment opportunity, or public transport.
spend at least three
For appearing before the court in Narayanganj, first one has
days.
” to walk for about a mile. Then, by private boat may take to the
Sonargaon sub-district town. From Sonargaon, a rickshaw or
a three-wheeler auto rickshaw is required to reach the Dhaka-
Chittagong Highway. From there, by bus or other available
transport, one can reach Narayanganj district. It takes at least
around two and a half hours to reach the court in Narayanganj.

If someone is supposed to appear before the court in Comilla

district, the person has to waste double the energy and time
required for traveling to the native district headquarter in
Narayanganj. By the time one reaches Comilla from Mayadip,
the person will be exhausted. The expenditure of money in this
case is many times more than that for Narayanganj. Because, the
litigants have to arrive in Comilla at least a day earlier, as it is
impossible to find any transport in the early mornings to reach
the Court, which starts at 9 a.m. The litigants need to consult
with the lawyers before court proceedings start in the morning.
Often, lawyers don’t have time to consult with their clients in the
morning, i.e. prior to the hearings in court.

In every case, around 15 or more activists are accused. Now,

let’s imagine that all these people pay for their round trip travel,
hotel accommodation for at least two nights in Comilla, buy meals,
pay for the lawyers, and the corrupt court staff. It’s a huge amount
of money for such poor people, who live basically hand to mouth.

Let’s look at the livelihood of these activists who have been

facing fabricated cases. In order to appear before the courts in
Comilla district, the defendants have to spend at least three days.
All of them are mostly day-labourers or fishermen. The fishermen
don’t have their own boats and nets. The owners of boats and
nets employ them on daily basis for fishing in the river. They
earn meagre amount of money every day for maintaining their
families amidst extreme poverty. When these sole-breadwinners
fail to work for three days, their families, including the children,
literally starve on those days. Moreover, they have to borrow
money from others to meet the litigation costs. Those who know
the context of Bangladesh know very well that the poorest of the
poor face unimaginable difficulty and humiliation when they have
to borrow money. If the appearance before the court is scheduled
more frequently, these poor victims will face multiple forms of
problems in their socio-economic life.

156 article 2  June - September 2014 Vol.13, No. 2 & 3

 In my case, I had to sell certain piece of my ancestors’ land,
which I got as my share from my father, and borrow money from
micro-credit companies to manage the litigation costs. I also had
to support some of these victims of fabricated cases.

Article 2: What is wrong with the criminal justice system? “ The police are top
to bottom corrupt.
They get bribes from
Shahed Kayes: For a short answer to this question, one the thugs of the
should rather ask what is not wrong in Bangladesh’s criminal illegal sand mining
justice system.

The cases lodged against me and fellow activists in 2010 are

still pending. The investigations have not yet been completed. The
companies.
”
police are top to bottom corrupt. They get bribes from the thugs
of the illegal sand mining companies. They keep the investigation
pending while we have to appear before the court for years. There
can be dozens of witnesses who are ready to tell the truth although
their life will be at risk for asserting the truth. But, the police
investigators don’t go to the witnesses. What the police are doing
is keeping enough room for the perpetrators to walk free. With
such a criminal investigation system, justice is impossible. The
judicial system has collapsed in Bangladesh.

It has been four years now. We are forced to waste our energy,
time, and resources. The perpetrators are at large. They have
attacked my colleagues and I on several occasions. Had this case
been promptly and credibly investigated by the police the situation
could have been opposite.

The Magistrates could have also held the police investigators

accountable – as far as I have learned about certain legal
provisions. But, they don’t do it. They don’t bother about the
manifold problems the people face due to inordinate delays in the
adjudication of criminal cases. The Magistrates of our country do
not act like judicial officers. Rather, they appear to be ‘service-
holders’, who just come to the office for sitting on certain chairs to
rubber stamp few documents in a ritualistic manner and go home.
By following this routine they get paid by the state, with taxpayer
money. The cases continue for years, and the litigants, especially
those who are the victims of fabricated cases, are ruined.

Article 2: Are the problems centered on the Magistracy and

Police? What about the higher judiciary?

Shahed Kayes: We have experience with the higher judiciary

too. I filed a public interest litigation, writ petition no. 3325 of
2011, with the High Court Division of the Supreme Court of
Bangladesh. On behalf of the people of Mayadip, I challenged the
illegal sand mining in Meghna River, adjacent to Mayadip Island,
which was eroding as a result of sand extraction from the island.
By that time, one tenth of Mayadip Island had eroded into the
Meghna River due to constant extraction of sand. A High Court
Division Bench ordered the relevant high ranking administrative

article 2  June - September 2014 Vol.13, No. 2 & 3 157

 and police authorities to stop sand mining in the said area.
Despite the High Court stay order, illegal sand mining continues;
the police and civil administration are spectators. Reality proves
that a High Court order can be ignored and undermined by those

“ Politics and
corruption are above
the order of the High
who are constitutionally obliged to implement the orders of the
higher judiciary.

Court.
” Article 2: Why has the High Court’s order been ignored and
undermined?

Shahed Kayes: Politics and corruption are above the order

of the High Court. Let me share one of our experiences with
the court. We went to the court in Comilla on a specific date
of hearing. Fourteen of our fellow activists were defendants in
a case [First Information Report No. 3 of Meghna police station,
Comilla, dated 10 September 2012]. They were on bail. Everyone
was continuously appearing before the court in person while on
bail. On one occasion there was a hartal [general strike] called by
the opposition political parties. The defendants could not reach
Comilla for hearing on the hartal day, amidst political violence and
the unavailability of public transport. On the following date, when
the defendants appeared before the court the lawyers explained
the situation to the Magistrate and told him that in a hartal people
cannot afford public transport to travel from Mayadip to Comilla
Court, which requires more than five hours of travel via different
modes. The Chief Judicial Magistrate (CJM) of Comilla, while
sustaining the bail of thirteen defendants, cancelled the bail of
one key activist, Mr. Mohammad Jilani.

Once Jilani was detained, we observed how the thugs of the

sand mining companies celebrated the court’s decision. Our
lawyers could not understand the legality of detaining Jilani.
According to the lawyers, in similar cases in the past, the Court
normally considers the reality and extends the bails of the accused,
even in serious offences. All of us were trying to understand what
was wrong that put Jilani behind the bars again.

We found that one of our friends, a prominent person based

in Comilla city, had personal friendship with the CJM of Comilla
district. Our friend heard our side of the story and decided to
check with the CJM. The following day, we learned that the CJM
expressed his helplessness to our friend. The CJM told our (and
his) friend that he received a telephone call from a parliamentarian
of the ruling political party. This parliamentarian also happens
to be a retired Major General of the Bangladesh Army. The
parliamentarian asked the CJM to detain the key activist. The CJM
had claimed that he had no option but to entertain the request
of the ruling party parliamentarian. We had to approach to the
Sessions Court to secure bail for Jilani, who stayed in prison for
11 days. The courts, following political intervention, can deny the
right to liberty of a victim of a fabricated case. We understood
the type of ‘judicial independence’ we have in Bangladesh. This
is why the High Court’s order was undermined.

158 article 2  June - September 2014 Vol.13, No. 2 & 3

 We should talk about the independence of the judiciary. At
the same time, we need to see whether the judiciary is free from
political interference or not.

Article 2: Do you think the government has played a

considerable role in the process of the harassments that you
have faced?
“ The fishermen
were prevented
from fishing in the
river. Their boats
Shahed Kayes: The government’s role has been ridiculous and were damaged; their
shameless. The issue of illegal sand mining and its subsequent
harmful impact in terms of the inhabitants’ right to life, livelihood,
nets were snatched
and shelter has already become an important issue at the
international level.
away.
”
Let me tell you how we became victims of these cases. When
the inhabitants of Mayadip protested against the sand-mining
companies, they were intimidated directly by the goons of the
sand-miners, who kept the islanders confined in the island in
2010. Musclemen of the miners indiscriminately attacked anyone
who traveled out of the locality. The fishermen were prevented
from fishing in the river. Their boats were damaged; their nets
were snatched away. On 9 December 2010, the inhabitants
of Mayadip resisted sand mining activities and captured four
musclemen of the mining companies. Immediately, another gang
linked to the companies threatened the villagers with guns and
forced the released of the four detained men. From that day, for
the following two weeks, gunmen prowled around the Mayadip
Island. The thugs manned the entire island. Nobody was able to
go out to work in those days. The thugs said openly and clearly
to the islanders, “If you attempt to prevent us from sand mining,
we will never allow you to catch fish from the river.”

The sand miners threatened the islanders when the latter did
not agree to give up their protest against the illegal mining. When
constant threats did not work, the mining companies fabricated
cases, one after another, by bribing the police and abusing their
political power through local parliamentarians in two different
districts. As the islanders continued fighting the litigations, and
appeared to be uncompromising, the mining companies tempted
key leaders of the movement by offering money on a daily basis.
For example, as the main organizer of the movement and Chief
Advisor of the ‘Illegal Sand Extraction Prevention Committee at
Myadip-Nunertek islands’ the companies offered me 10,000 Taka
per day, which is approximately $ USD 130 in those days, on
condition of stopping the movement. When I rejected their offer,
then they attempted to assassinate me on 25 July 2013. My fellow
activists faced the same reality.

The Asian Human Rights Commission (AHRC) sent three Urgent

Appeals on these matters. The AHRC also wrote to the UN Special
Rapporteurs seeking their intervention. The Special Rapporteur
on Adequate Housing communicated with the Government of

article 2  June - September 2014 Vol.13, No. 2 & 3 159

 Bangladesh through diplomatic channels2. The Office of the
Prime Minister of Bangladesh ordered the Deputy Commissioner
of Narayanganj to inquire into the case involving illegal sand
mining and into relevant issues of right to life, livelihoods, and

“ Thugs of the
sand-mining
companies have
shelter, as raised by the UN expert. There was an investigation
conducted in April 2012 following the communication of the UN
expert. But, the result is zero.
threatened me with
death after this Moreover, the thugs of the sand-mining companies have
threatened me with death after this investigation. In July 2013,
investigation.
” they abducted me and attempted to assassinate me. I narrowly
survived due to some of my best friends’ prompt interventions,
which forced the Sonargaon police to rescue me from my
assailants.

Article 2: What is the situation of your cases and the

subsequent reality now?

Shahed Kayes: We have not yet been relieved from these

cases. They are still pending. The police keep their option open
for bribery by keeping the investigation pending. The sand mining
companies are extracting sand from Mayadip. The companies
continue this illegal extraction despite the Narayanganj district
administration not having given permission to any company for
extracting sand or dredging the Meghna River at the said location
since the High Court’s stay order. In fact, the Comilla district
has given permission to these companies for dredging within
their jurisdiction. Instead of dredging in the Comilla district’s
jurisdiction, the sand-mining companies have been stealing sand
from the Mayadip Island. The reason behind this is that dredging
in the River requires comparatively bigger investment in terms of
logistics and human resources. And, what the companies have
been doing is using administrative permission to steal sand
from a location beyond their jurisdiction. They don’t help the
administration by dredging the river; they only make money.
They obtained permission for the so-called dredging through the
ruling party’s political influence due to the invisible partnerships
of the ruling party parliamentarians. The parliamentarians of
both Narayanganj and Comilla districts are directly and indirectly

2 Links containing a copy of letter referring to the communication sent by UN

Special Rapporteur on Adequate Housing as a Component of the Right to
an Adequate Standard of Living, and on the Right to Non-Discrimination
in this Context, and that was forwarded by Bangladesh’s Permanent
Mission in Geneva: [Link]
Bangladesh_22.03.12_%282.2012%[Link]
[Link]
[Link]/
[Link]
[Link]/
[Link]
[Link]/
160 article 2  June - September 2014 Vol.13, No. 2 & 3
involved in the money making process of stealing sand. The
administration and law-enforcement agencies know this truth
very well. But, all the institutions of Bangladesh are meant to be
the associate forces or tools that let the illegality of the powerful
prevail. The entire administrative system is highly corrupted.
They get their share from the illegal money-mongers, like the
sand-mining companies. The public officials, the police, and other
“ The fundamental
rights of the people
or the independence
agencies get their individual and collective ‘rewards’ for ‘serving’ of the judiciary only

”
their political masters by not taking any lawful action, which they exist on paper.
are obliged to do.

On one hand, the politicians, the bureaucrats, members of

law-enforcement agencies, and a group of thugs are becoming rich
via theft. On the other hand, the majority of the poor taxpayers
are forced to the verge of extinction, victim to the ongoing insane
race of acquiring undeserved wealth practiced by the few.

Article 2: What is your opinion about the fundamental rights

guarantees in the Constitution of Bangladesh?

Shahed Kayes: The fundamental rights of the people or the

independence of the judiciary only exist on papers as far as
Bangladesh is concerned. The constitution is violated everyday by
powerful people, and even by the head of government. The laws
are useless as far as the poor people’s everyday life and livelihood
are concerned. The laws also prove to be useless when the people
having allegiance with ruling politicians and state agents abuse
their power for undue benefit. Thus, there is no consistency
between the rights and remedies written in the books of law and
the real life of the ordinary people. The so-called constitutional
guarantees of fundamental rights are meaningless.

We live in a state where numerous people starve every day,

often for days. The state, which has obligation to ensure the rights
of the people, ignores its responsibility. Nobody checks how many
people are starving and how these starving-people live; nobody
cares about their life-long unemployment. The majority of the
population who are poor in terms of wealth, the dalits, and ethnic
minorities, cannot afford their right to education. Their healthcare
facilities are non-existent. Minimum dignity as human beings
does not exist for them. These people are deprived every right
they deserve, which the state is mandated to provide them. It is
the state which destroys people’s life and future by abusing the
criminal justice system and other state apparatuses.

Article 2: What is wrong in Bangladesh?

Shahed Kayes: The police picked one of my neighbours. He

was a young man. The police tortured him to death in custody.
Nothing happened to the police officers responsible for this crime.
In the rivers adjacent to Narayanganj, dead bodies are found
floating one after another. There have been specific allegations
and proof that the law-enforcment agencies abduct and kill people

article 2  June - September 2014 Vol.13, No. 2 & 3 161

 for money. And, later the dead bodies are dumped in the rivers for
the purpose of disappearing the bodies. Nothing happens to the
perpetrators, other than certain ‘eye-wash’ interventions. When
such things happen in a country recurrently it is clear that the

“ Good governance,
democracy, and
the rule of law are
rule of law does not exist in that particular country. The people
also understand very well that the state is investing its utmost
efforts to uphold lawlessness.
pointless rhetoric
or jargon to the The Mayadip sand mining case involves every branch of the
state – the executive, the legislature, and the judiciary. The High
ruling elites and Court order became useless in stopping the illegal actions of the
bureaucrats.
” sand mining companies. Why? Because, local parliamentarians
are involved in this money making process. The country’s Foreign
Ministry and the Prime Minister’s office have been involved due
to the intervention of the UN Special Rapporteur. If the state
apparatus had minimum concern about the image of Bangladesh,
the institutions should have been allowed to function to the
extent that they could tell the truth to the UN expert by taking
fair action in the matter. In fact, the state’s priority is to allow the
ruling party’s thugs to earn undeserved money by maintaining
lawlessness across the country. Good governance, democracy, and
the rule of law are pointless rhetoric or jargon to the ruling elites
and bureaucrats. They use these terms to keep up their lawless
actions at the cost of immeasurable public plight. That’s where
the things are frustratingly wrong in Bangladesh.

Article 2: What should be done in these circumstances?

Shahed Kayes: First, we need to admit that we have certain

self-created problems. We have a rotten polarised political
culture, which is inseparable from violence, hatred, and
vindictiveness. We have entrenched corruption in our criminal
justice system. We have a culture of impunity to protect the
perpetrators of fundamental rights violations. The politicians,
the civil, and military bureaucrats of our country have endless,
and uncontrollable, greed for public assets. These are the worse
evils in Bangladesh. Having these evils is enough to ruin a nation.
The unity and combination of these evils offer us one of the worst
policing systems, based on torture, coercion, and extortion. These
evils offer us a puppet judiciary. We are offered an anti-people
public administration, which deprives the majority of citizens, by
all means, for protecting interests of rulers.

We don’t have any guiding principles to run the state, in fact.

Norms and values hardly have any space, at least as it is reflected
throughout the actions of the state itself. That’s why extrajudicial
executions continue. The judiciary enjoys witnessing the rampant
torture and extrajudicial executions instead of holding the
perpetrators accountable.

162 article 2  June - September 2014 Vol.13, No. 2 & 3

 There should be massive reforms of the entire system: the
policing, the judiciary, the civil administration, and the military;
all institutions require thorough reforms immediately.

We have to wake up before it is too late. Everyone needs to

see the things without any fascination or unconditional trust
and inclination to any of these evil forces and practices. We need
“ The ordinary
people know better
than anybody else
to sharply identify the rooted problems that ruin our existence about how they
as human being and citizens of Bangladesh. If we fail to accept suffer in their
the truth – even the ugliest ones – and don’t want to change to a
system every civilised society deserves, we cannot move forward.

There is no one-word solution to the countless problems in

”
everyday life.

Bangladesh. I think, we should start listening to the people. The

ordinary people know better than anybody else about how they
suffer in their everyday life. There should be a mass hearing from
the people across the country. The untold and unrevealed stories
of people’s sufferings should be heard and comprehended. The
state’s constitution, principles, and policies have to be developed
on the basis of the needs of the people in general. Our priority
must be the opinion of the people. What type of politics do the
people want? What type of policing system do they want? What
type of judges and judicial system do they need? What sort of
attitudes and behaviour do the people expect from the state and
its institutions? Do the people want to engage the military in a
policing job or not? All of these issues should be determined as
per the requirements of the ordinary people and should comply
with the universal normative principles.

Then, we may think of moving ahead.

article 2  June - September 2014 Vol.13, No. 2 & 3 163

 ‘Independence of the judiciary
was never ensured’

Mr. Nur Khan

Human Rights Defender

(Nur Khan is a leading human rights activist in Bangladesh. He has been

engaged in documenting cases on torture, extrajudicial killings, enforced
disappearance, violence against women, and repressions against ethnic
minorities. He leads discourses on fundamental rights issues in various
local and international forums. He escaped from an attempted abduction
on 15 May 2014. )

Article 2: As a Human Rights Defender, four decades after

independence do you think that the promises made at the time
of constituting Bangladesh as an independent democratic State
have been met?

Nur Khan: There have been premeditated murders in the

pretext of ‘crossfire’ or ‘gun battle’. There is nothing more to talk
about it. All these actions are against human rights and the values
of the Constitution.

Article 2: What is the actual status of the ‘separation of power’

and ensuring the ‘independence of judiciary’ as one of the three
basic pillars of the state in Bangladesh?

Nur Khan: In the name of separation of power, in fact, all

the past regimes have centralized the powers – political parties,

164 article 2  June - September 2014 Vol.13, No. 2 & 3

administration and governance – everything has been centralized
in the capital city. All decisions have made centrally. The
independence of the judicial system has not been ensured in its
true sense.

Article 2: Is there any inconsistency between the aspiration

of the people of Bangladesh with that of the political elite and
“ The expectations
of the politically
and economically
the bureaucracy? powerful elite and
bureaucrats stand
Nur Khan: Of course, it is inconsistent! The aspirations of the
general people along with their thoughts, spirits or expectations
opposite to the
have never been taken into consideration with the deserved expectations of the
importance. The expectations of the politically and economically
powerful elite and bureaucrats stand opposite to the expectations
of the people.
”
people.

Article 2: To what extent has militarization contributed to

making Bangladesh what it is today? How could things have been
different without militarization?

Nur Khan: The progress of natural democratization has been

hindered by militarization, and, the institutions have put on
the clothes of undemocratic arbitrariness to pull the country
backward. As a result, the expected progress has not been
achieved.

Article 2: What are the challenges in realizing the independence

of judiciary in its fullest sense in Bangladesh?

Nur Khan: the independence of the judiciary is not being

considered beyond the partisan interests. The ruling regimes have
never considered the significance of an independent judiciary. The
lack of political will of the ruling class, financial constraints of
the judiciary along with the colonial mindsets among the relevant
professionals, and the system of trial itself are the key challenges
on the path of achieving the independence of judiciary.

Article 2: What is your opinion about the endemic custodial

torture, extrajudicial executions, and the government’s often
quoted excuses of ‘crossfire’ and ‘gun battle’?

Nur Khan: As I mentioned earlier, there have been premeditated

murders in the pretext of ‘crossfire’ or ‘gun battle’.

Article 2: What is the difference between disappearances and

‘secret killings’ that happened before and during the independence
movement and those which happen today?

Nur Khan: Whatever types of undemocratic and unexpected

incidents that happened during the struggle for independence in
the pre-independence era and during the war of liberation are not
expected and acceptable in an independent-democratic country.
That’s why comparative discussions about those matters are not

article 2  June - September 2014 Vol.13, No. 2 & 3 165

 important now. But, ‘disappearances’ and ‘secret killings’ were
illegal in those days, and they are also illegal today. In those days,
such crimes were committed by the occupying forces and their
collaborators while today the same crimes have been committed

“ The Judiciary
itself has confined
its own freedom
in an independent state by its ruling class.

Prior to the beginning of the struggle for independence or during

and independence. the war of independence, crimes like ‘disappearance’ and ‘secret
It seems that they killing’ were not covered up with legal-coats as is happening today.
The so called stereo-type stories of ‘crossfire’ and ‘gun battle’ were
have imposed self- not endorsed by the state authorities, in the pre-independence
censorships upon period, for the purpose of avoiding the responsibilities [of the
themselves.
” government], that have been happening now.

Article 2: How far are the criminal justice institutions and the
Supreme Court of Bangladesh independent and capable enough
to prevent gross human rights abuses?

Nur Khan: The independence of the judicial institutions or

the Supreme Court can be observed through how much of the
freedom these institutions have been actively exercising to secure
their independence.

Legally, they are independent. But, in preventing the incidents

of human rights violations they are dependants on the cooperation
of the government, law-enforcement institutions, civil society,
human rights organizations, and so on. The judiciary alone is
not capable enough [to secure its independence]. However, the
individual and collective honesty and courage of the judges can
play effective roles to do so.

Article 2: To what extent has the judiciary contributed towards

limiting its own freedom and independence?

Nur Khan: The Judiciary itself has confined its own freedom
and independence. It seems that they have imposed self-
censorships upon themselves. Brave decisions and initiatives
from the judiciary are not being visible as per the requirements.

Article 2: Do you think that the criminal justice institutions in

Bangladesh have become puppets under various political parties
and the military?

Nur Khan: I cannot answer that in one sentence. The criminal

justice institutions conduct the judicial proceedings with the
cooperation from the administration. And, the government
under political parties runs the administration – sometimes by
an emergency regime or by martial laws under the controlled by
military commanders. As a result, the criminal justice system
becomes subjugated under these two powers; however, it does
not go to the level of being a wanton.

166 article 2  June - September 2014 Vol.13, No. 2 & 3

 Article 2: Do you think that the human rights organizations
of Bangladesh are playing the roles they should have done in
principle?

Nur Khan: I think the National Human Rights Commission

and other human rights organizations are not playing their due
roles or not being able to play according to the expected roles they
“ I don’t think
that without
the assistance or
should have played in principle. patronization from
the ruling party,
Article 2: Is the global paranoia about growing Islamic
militancy in Bangladesh true?
government and
administration the
Nur Khan: Yes, I think, the global paranoia about the increase religious militants
of Islamic militancy in Bangladesh is partially true. But, their have any possibility
public base is still weak. Since the 1990s Islamic militancy has
been patronized and protected here for different reasons. I don’t
think that without the assistance or patronization from the ruling
of growing.
”
party, government and administration the religious militants have
any possibility of growing as the main power in this country.

Article 2: Are there non-Bangladeshi interests that are

involved in promoting this image?

Nur Khan: I don’t think so.

article 2  June - September 2014 Vol.13, No. 2 & 3 167

 ‘Disappearance becomes a means
to settle political differences’

Professor Akmal Hussain

Department of International Relations
University of Dhaka

(Prof. Akmal Hussain obtained his Bachelor and Master’s degrees in

Political Science from University of Dhaka. He earned a PhD in International
Relations from the Institute of Law, Academy of Sciences, Czechoslovakia.
He has been teaching at the Department of International Relations,
University of Dhaka for 36 years. He has written two books in vernacular
language on domestic politics, and foreign policy.)

Article 2: As a Professor, four decades after independence

do you think that the promises made at the time of constituting
Bangladesh as an independent democratic state have been met?

Professor Akmal Hussain: The people of the then East Bengal

participated in the Pakistan movement with an aim to live in a
new State that would be free from the evils that were existing
at that time. But within a short time they realized that their
dreams could not be fulfilled in Pakistan. They again aspired for
some ideals and goals that inspired them to fight a bloody war
to realise an independent Bangladesh. They wanted the end of
all economic inequalities, the creation of a non-communal state,
a society based on rule of law and above all, recognition of their
linguistic identity.

But after a lapse of more than four decades most of these goals
have not been achieved. The growing divide between the rich

168 article 2  June - September 2014 Vol.13, No. 2 & 3

and poor, the creation of a wider space for communal thinking
and serious lack of the rule of law demonstrate that the dreams
remain unfulfilled even today.

Article 2: What is the actual status of the ‘separation of power’

and ensuring the ‘independence of judiciary’ as one of the three
basic pillars of the state in Bangladesh?
“ The bureaucracy
is still under the
influence of an
Professor Akmal Hussain: The separation of judiciary from elitist culture that
the executive is an old demand in Bangladesh. The logic behind hinders them to play
this demand is that if the judiciary can act independently of the their constitutional

”
executive then citizens can get more protection of the law. Officially responsibility.
there has been a separation of powers between the executive and
the judiciary in Bangladesh by a Court verdict. But in reality
the judiciary is still under the influence of the executive branch.
Under the circumstances the independence of judiciary is yet to
be realized.

Article 2: Is there any inconsistency between the aspirations

of the people of Bangladesh with that of the political elite and
the bureaucracy?

Professor Akmal Hussain: We may notice the inconsistency

when the elected governments quite often do not follow what
they have promised in the election manifesto. The government
is more interested in serving vested interests. The members of
bureaucracy are also inspired by their own petty interests. The
bureaucracy is still under the influence of an elitist culture that
hinders them to play their constitutional responsibility to the
citizens.

Article 2: To what extent has militarisation contributed to

making Bangladesh what it is today. Could it have been different
without militarisation?

Professor Akmal Hussain: In Bangladesh, like Pakistan, the

political process of nation-building was disrupted once the country
came under military rule in 1975. Though there was a phase of
civilianized military rule it did not contribute to strengthening the
political institutions like political parties, parliament, elections etc.
The politicians have become opportunists and corrupt under the
influence of military rule for 16 years. Parliament has not been
functioning in its expected role. The accountability of governments
has not been questioned. Even the elected governments are
habituated to using military intelligence to face their political
opponents.

Article 2: What are the challenges in realizing the independence

of the judiciary in its fullest sense in Bangladesh?

Professor Akmal Hussain: There could be many challenges

among which the primary is the government’s interference in
lower levels of judiciary. Secondly, the selection of the judges in
Supreme Court is based in many instances on political affiliation.
Thirdly, the courts sometimes come under undue pressure from
either the government or citizen’s group to give verdicts of the
latter’s choice.
article 2  June - September 2014 Vol.13, No. 2 & 3 169
 Article 2: What is your opinion about endemic custodial
torture, extrajudicial execution, and the government’s often
quoted excuses of ‘crossfire’ and ‘gun battles’?

“ The incidence of
‘disappearance’ was
a rare phenomenon.
Professor Akmal Hussain: These actions by government
agencies indicate the absence of rule of law in the society. The
custodial torture and extrajudicial killings have negated the
rights of an individual, even if she/he is a criminal, for fair
Since 2004 these trial. Criminals and political opponents of the regime have the
have become the constitutional right of self-defence. The growing incidents of
means to settle these types may turn to fascism. The government is accused of

”
political differences. using these extra-constitutional means to silence the opposition.
Being encouraged by political inaction to stop these the police are
reported to take bribe by making threats of ‘cross-fire’.

Article 2: What is the difference between disappearances and

‘secret killings’ that happened before and during the independence
movement and that which happens today?

Professor Akmal Hussain: Though I have no statistics but

I should say that before independence these did not happen
regularly. In particular the incidence of ‘disappearance’ was a
rare phenomenon. Since 2004 these have become the means to
settle political differences with the regime in power. These cannot
be civilized norms.

Article 2: How far are the criminal justice institutions and the
Supreme Court of Bangladesh independent and capable enough
to prevent gross human rights abuses?

Professor Akmal Hussain: As these institutions have been

gradually politicized they often fail to act independently. The lower
courts and police department are more influenced.

Article 2: To what extent has the judiciary contributed towards

limiting its own freedom and independence?

Professor Akmal Hussain: With the passage of time their

politicization has contributed to their limits of freedom. The
lawyers in Bangladesh are polarized to the extent that they show
unbecoming behaviour like chanting of slogans in the court
premises. It creates an anarchic situation.

Article 2: Do you think that the criminal justice institutions in

Bangladesh have become puppets under various political parties
and the military?

Professor Akmal Hussain: Yes, these institutions do not

very much act independently. They have to receive instructions
from the government in power. This is very true for the police
department.

Article 2: What divides the mainstream civil society in

Bangladesh along political alliances and how far has it affected
their independence?

170 article 2  June - September 2014 Vol.13, No. 2 & 3

 Professor Akmal Hussain: Basically their ideology divides
them among pro and anti-government camps. As the citizens
groups are organized along political lines they move in a fashion

“
that pleases their mentors. There is also some sort of patron-client
relationship between a group of citizens and the political party Violence occurs
they support. There is tendency of the citizens groups to blindly for a variety of
support their respective political mentors. reasons like social
deprivation, political
Article 2: Do you think that the human rights organizations
of Bangladesh are playing the roles they should have done in repression, weakness
principle? of policing the crime

Professor Akmal Hussain: I can’t comment about all human

rights organisations due to lack information. But some are playing
their role in expected manner.
etc.
”
Article 2: Is the global paranoia about growing Islamic
militancy in Bangladesh true?

Professor Akmal Hussain: No. I think the threat of Islamic

militancy in Bangladesh is exaggerated. It is to be added that
Bangladeshi Islamic militancy is not comparable with that of
Pakistan, Afghanistan, and Indonesia etc.

Article 2: Are there non-Bangladeshi interests that are

involved in promoting this image?

Professor Akmal Hussain: If Bangladesh can be portrayed

as a country infested with militancy then external intervention
in the name of fighting terrorism will be easy.

Article 2: To improve the situation of rule of law in Bangladesh

what suggestions do you have, and how could leaders motivate
the ordinary people to participate in actual nation-building?

Professor Akmal Hussain: First the sectarian interests of the

national leaders should be minimized to accommodate collective
interests, secondly, the law should be indiscriminately applied,
and thirdly, the leaders should practise the dictum, ‘example is
better than precept’.

Article 2: Is the culture of violence inseparable from polity in

Bangladesh? What should be done to end widespread violence
in the country?

Professor Akmal Hussain: In no society can violence be a

permanent phenomenon. In this country violence occurs for a
variety of reasons like social deprivation, political repression,
weakness of policing the crime etc. The rate of violence can be
minimized with corrective measures in all these areas.

Article 2: Would you like to make any additional comments?

Professor Akmal Hussain: Thank you. I have covered the

main points of the problem of rule of law, accountability of the
political parties, transparency of administration etc. I have no
additional comments.
article 2  June - September 2014 Vol.13, No. 2 & 3 171
 ‘On torture… no comment’

Professor M. Shahiduzzaman
Department of International Relations
University of Dhaka

(Prof. M. Shahiduzzaman teaches international security and foreign policy

at the Department of International Relations, University of Dhaka. He is
known as an observer and commentator of regional dynamics of the foreign
affairs from South Asian and Asian perspectives.)

Article 2: As a Professor, four decades after independence

do you think that the promises made at the time of constituting
Bangladesh as an independent democratic state has been met?

Professor M. Shahiduzzaman: Right now, we are neither

independent in qualitative terms, nor as a democratic State.
Bangladesh has been thrust into the status of a puppet state
under Indian dictation.

Article 2: What is the actual status of the ‘separation of power’

and ensuring the ‘independence of judiciary’ as one of the three
basic pillars of the state in Bangladesh?

Professor M. Shahiduzzaman: Too sensitive to respond.

Article 2: Is there any inconsistency between the aspiration

of the people of Bangladesh with that of the political elite and
the bureaucracy?

172 article 2  June - September 2014 Vol.13, No. 2 & 3

 Professor M. Shahiduzzaman: Not only inconsistency, there
is formidable contradiction between people’s aspirations with that
of the political elite and the bureaucracy. Majority of the people

“
appear to reject elite perceptions of political values.
I cannot relate
Article 2: To what extent has militarisation contributed to militarization to
making Bangladesh what it is today? Could it have been different the present political
without militarisation?

Professor M. Shahiduzzaman: I cannot relate militarization

”
situation.

to the present political situation. Rather the creation of politicized

foreign-aided cadres in vital institutions is responsible.

Article 2: What are the challenges in realizing the independence

of judiciary in its fullest sense in Bangladesh?

Professor M. Shahiduzzaman: Financial autonomy and

professionalism. Removing all executive roles in appointment
to judicial positions in higher courts, neutralization of the Law
Ministry and limiting its power.

Article 2: What is your opinion about endemic custodial

torture, extrajudicial execution, and the government’s often
quoted excuses of ‘crossfire’ and ‘gun battles’?

Professor M. Shahiduzzaman: No comment.

Article 2: What is the difference between disappearances and

‘secret killings’ that happened before and during the independence
movement and that which happens today?

Professor M. Shahiduzzaman: These are beyond my

academic interests.

Article 2: How far are the criminal justice institutions and the
Supreme Court of Bangladesh independent and capable enough
to prevent gross human rights abuses?

Professor M. Shahiduzzaman: Reasonably free if they are

actually willing to act.

Article 2: To what extent has the judiciary contributed towards

limiting its own freedom and independence?

Professor M. Shahiduzzaman: As much as it is reflected in

other developing societies.

Article 2: Do you think that the criminal justice institutions in

Bangladesh have become puppets under various political parties
and the military?

Professor M. Shahiduzzaman: It is inappropriate to be so

harsh.

article 2  June - September 2014 Vol.13, No. 2 & 3 173

 Article 2: What divides the mainstream civil society in
Bangladesh along political alliances and how far has it affected
their independence?

“ Proper
parliamentary
elections under a
Professor M. Shahiduzzaman: Political values divide them.
That is an independent choice.

caretaker government Article 2: Do you think that the human rights organizations
and thorough and of Bangladesh are playing their roles what they should have done
in principle?
neutral overhaul of
corruption and Professor M. Shahiduzzaman: More or less.

”
trials.
Article 2: Is the global paranoia about growing Islamic
militancy in Bangladesh true?

Professor M. Shahiduzzaman: More of a propaganda.

Article 2: Are there non-Bangladeshi interests that are

involved in promoting this image?

Professor M. Shahiduzzaman: Certainly – Indian media and

the government are the real culprits.

Article 2: To improve the situation of rule of law in Bangladesh

what suggestions do you have, and how could leaders motivate
the ordinary people to participate in actual nation-building?

Professor M. Shahiduzzaman: Proper parliamentary elections

under a caretaker government and thorough and neutral overhaul
of corruption and trials.

174 article 2  June - September 2014 Vol.13, No. 2 & 3

 Appendix
Parallel event at the UN HRC on
the Rule of Law in Bangladesh

(From the left to right) Renate D. Bloem, Adilur Rahman Khan, Md. Ashrafuzzaman, Mandeep Tiwana, Gerald
Staberock and Reema Omer were the panelists of a parallel event on “Rule of Law in Bangladesh” on 19 June
2014 at the UN Human Rights Council in Geneva, Switzerland. Photo: OMCT

Rights experts urge international community to aid criminal

justice reforms in Bangladesh

Six international human rights organisations met recently to

consider the rule of law in Bangladesh.

The meeting was organised on 19 June 2014 as a parallel

event at the 26th Session of the UN Human Rights Council in
Geneva. The Asian Legal Resource Centre (ALRC) and CIVICUS:

article 2  June - September 2014 Vol.13, No. 2 & 3 175

 World Alliance for Citizen Participation, along with the World
Organisation Against Torture (OMCT), International Federation
for Human Rights (FIDH) and Human Rights Watch (HRW) hosted
the event. The International Commission of Jurists (ICJ) was also
a participant.

At the meeting, human rights experts from Asia and Europe

urged the international community, and the UN human rights
mechanisms, to help effect radical reforms in the criminal
justice institutions of Bangladesh so that the rule of law may be
established and upheld in the country.

The speakers discussed the functionality and credibility of the

primary institutions related to the rule of law in Bangladesh. Hong
Kong based ALRC Programme Coordinator, Md. Ashrafuzzaman,
stated that the justice apparatus in Bangladesh is unable to
protect and guarantee rights to citizens. He explained that
institutions central to upholding the rule of law in Bangladesh,
such as the judiciary, and the entire administrative framework,
lack moral, intellectual, and infrastructural capacity to fulfil their
mandate.

Adilur Rahman Khan, Secretary to Odhikar, a Bangladeshi

rights group, highlighted the abuse of Bangladesh’s Information
and Communication Technology (ICT) Act, 2006. He also expressed
apprehension at the move to create a law to control NGOs. Being
a victim of 62 days’ arbitrary detention in a fabricated case under
the ICT Act, Adilur Khan shared information with the audience
about how he and his organisation have been persecuted by the
government.

OMCT Secretary General, Gerald Staberock, underlined the

culture of impunity for perpetrators of human rights abuses that
prevails in Bangladesh. The military, the paramilitary, and the
police commit crimes like torture, extrajudicial executions, and
disappearances. Such torturers and murderers in uniform go
unpunished. And, the same perpetrators get the opportunity to
participate in UN Peacekeeping Missions.

ICJ’s International Legal Advisor, Reema Omer, shared her

research findings about the ICT Act. She explained how the abuse
of this law stifles the freedom of expression in Bangladesh. Ms.
Renate D. Bloem, UN Representative of CIVICUS, on the other
hand observed that Bangladesh is following the government of
Rwanda in adopting a special law to control NGOs.

The speakers demanded the release of citizens and professionals

arbitrarily detained in prison without trial, including newspaper
editor Mahmudur Rahman. They urged the international
community to intervene and help usher positive changes in the
rule of law realities in Bangladesh.

The parallel event was chaired by Mandeep Tiwana, Head of

Policy and Research, CIVICUS.

176 article 2  June - September 2014 Vol.13, No. 2 & 3

Other special reports published in article 2

A Facade of Justice for torture victims in Indonesia

Vol. 12 - No. 02 June 2013

The Philippines' hollow human rights system

Vol. 11 - No. 02-03 June-September 2012

Torture & Ill-treatment in Sri Lanka

Vol. 10 - No. 04 December 2011

Torture in the Philippines & the unfulfilled promise of the

1987 Constitution
Vol. 10 - No. 01 March 2011

Use of Police Powers for Profit

Vol. 08 - No. 01 March 2009

Saffron Revolution Imprisoned, law demented

Vol. 07 - No. 03 September 2008

Judicial Delays to Criminal Trials in Delhi

Vol. 07 - No. 02 June 2008

Burma, political psychosis & legal dementia

Vol. 06 - No. 05-06 October-December 2007

Thailand's struggle for constitutional survival

Vol. 06 - No. 03 June 2007

The Criminal Justice System of the Philippines is Rotten

Vol. 06 - No. 01 February 2007

All editions available in PDF and text formats at the article 2

website: [Link]
 article 2 is published by the Asian
In this issue of article 2 Legal Resource Centre (ALRC)
in conjuction with Human Rights

article 2
SPECIAL REPORT: INEXISTENT RULE OF LAW IN
BANGLADESH SOLIDARITY, published by the Asian
Human Rights Commission (AHRC).
Editorial board, article 2 ALRC is an independent regional non-
 The Rule of Law does not exist in Bangladesh governmental organisation holding
Md. Ashrafuzzaman, Programme Coordinator, Asian Legal general consultative status with the
Resource Centre, Hong Kong Economic and Social Council of
the United Nations. ALRC seeks to
 Rule of Law in Bangladesh: Normative standards and strengthen and encourage positive action
reality’s mirror on legal and human rights issues at local
Saira Rahman Khan, teaches Law at a private university in and national levels throughout Asia.

special report
Bangladesh ALRC invites submissions to article 2
 Vested Interest: The ‘Human Rights’ practices of by interested persons and organisations
political parties concerned with implementation of
Maimul Ahsan Khan human rights standards in the region.
 Constitutional disaster & ‘legal’ impunity: For further details, email the editor:

Inexistent Rule of Law in Bangladesh

constitutional amendments in perspective editor@[Link]
Back issues of article 2 available online:
CASE STUDIES
 Wild West in the East: Four stories of State persecution [Link]
 Forty seven cases of unresolved killing, torture and
disappearance in five years Editorial Board

INTERVIEWS Md. ASHRAFUZZAMAN

 ‘The rulers do not believe in human dignity’ Nick CHEESMAN
Meryam DABHOIWALA
 ‘Weak electoral process perpetuates conflict’
Basil FERNANDO
 ‘The government survives as hostages in the hands of Bijo FRANCIS
law enforcement agencies’ Jayantha de Almeida GUNERATNE
 ‘The criminal justice system is useless’ KWAK Nohyun
 ‘Independence of the judiciary was never ensured’ Baseer NAVEED
 ‘Disappearance becomes a means to settle political Kishali PINTO-JAYAWARDENA
differences’ Danilo REYES
 ‘On torture… no comment’

Vol. 13, No. 2 & 3

Annual Subscription Fee (4 issues)
APPENDIX
 Parallel Event at the UN HRC on the Rule of Law in Hong Kong HK$250
Bangladesh Asian Countries US$35
Outside Asia US$50

Cover photo: Bangladeshi human rights defender and Secretary of Odhikar,

Mr. Adilur Rahman Khan, being produced before the Chief Metropolitan
Magistrate's Court of Dhaka on 11 August 2013. Adilur was arbitrarily
June - September 2014

arrested the previous night by police, and later charged under the Information
and Communications Technology Act, 2006. His detention lasted 62 days, as
part of the government's quest to stifle independent opinion in Bangladesh. Asian Legal Resource Centre
For details, see page 68-69; Story No. 1, page 74-76. Photo: AHRC Unit 1 & 2, 12/F, Hopeful Factory Centre
10-16 Wo Shing Street, Fotan, N. T.
Hong Kong SAR, China
Tel: +(852) 2698-6339
Fax: +(852) 2698-6367
Printed on E-mail: editor@[Link]
recycled paper
Website: [Link]