The Daily Star

Your Right To Know
Thursday, April 24, 2014

Tuesday, May 19, 2009
Front Page

HR Watch for disbanding DGFI, Rab

Accuses them of abuse, extra-judicial killing

Human Rights Watch (HRW) has recommended the disbanding of Rapid Action Battalion (Rab) and Directorate General of Forces Intelligence (DGFI), terming them symbols of abuse and impunity in a report released yesterday.

The New York-based HRW said if the two forces are not disbanded they should be made to comply with existing laws and international human rights norms.

In the 76-page report titled "Ignoring Executions and Torture: Impunity for Bangladesh's Security Forces," HRW Asia Director Brad Adams said "The very forces tasked with upholding the law and providing security to the public have become well known for breaking the law in the gravest manner without ever facing any consequences."

"Forces such as Rab and the military intelligence agency DGFI have become symbols of abuse and impunity," the report says.

HRW recommends both Rab and DGFI be disbanded given their long history of arbitrary arrests, torture, and extra-judicial killings.

In an instant reaction to the report, State Minister for Home Tanjim Ahmad Sohel Taj denied extra-judicial killings by the Rab.

At the very least, the report says, an independent commission should be set up to assess their performance, and identify and recommend the dismissal of officers believed to be responsible for serious human rights violations.

It also recommends the development of an action plan to transform them into agencies that operate within the law and with full respect for international human rights norms.

DGFI's operations should be strictly limited to lawful military intelligence activities and in no circumstances should it have powers to detain or to engage in surveillance of the political opposition and critics of the government.

Bangladesh government should take urgent action to make good on its campaign promise to end impunity for human rights abuses and to establish the rule of law.

The report details the involvement of soldiers, paramilitary officers, and police in so-called "crossfire killings" and other custodial killings, torture, "disappearances," and arbitrary arrests.

"If you are a soldier, a member of Rab or the intelligence services, or a police officer, you can get away with murder in Bangladesh," Adams says in the report.

"But those who kill or torture should be behind bars with other violent criminals."

Over the past five years, the military, the Rab -- an elite crime-fighting force -- and the police have been responsible for well over 1,000 killings, the HRW report claimed.

The report said successive governments have promised but failed to ensure that law enforcement officials and soldiers responsible for abuses are brought to justice, the report added.

The report says HRW and others have long contended that many of these deaths, often described as "crossfire killings," were actually extra-judicial executions of people in custody. Bodies of the victims often had wounds that suggested that they had been tortured.

While there have been far fewer extra-judicial killings since the new government took power in January 2009, new cases have begun to emerge in recent weeks and no one has been held accountable for past abuses.

Bangladesh's new government, under the leadership of Prime Minister Sheikh Hasina, has declared a "zero-tolerance" policy for extra-judicial executions and stated that state officials who engage in such acts will be punished.

There are, however, no indications that the authorities have initiated any serious investigations into past abuses or into credible allegations that several suspects in the February 2009 rebellion and massacre at the headquarters of the Bangladesh Rifles have been tortured and killed while in custody.

The report also highlights the case of Choles Ritchil, a leader of the indigenous Mandi tribe, who was arrested and tortured to death by a group of soldiers in March 2007.

It also describes how Khabirul Islam Dulal, a local politician in Bhola district, was tortured by navy officers in front of his family and neighbours a few weeks earlier. Although witnesses have identified suspects in both cases, no one has been prosecuted and imprisoned.

HRW says it examined a number of cases that have received national and international attention, in which those responsible have not been prosecuted. Facing constant threats, harassment, and even physical abuse, victims and family members have often been forced to abandon their efforts to seek justice, and the suspected perpetrators have continued serving in the security forces.

The report concludes that since independence in 1971 governments in Bangladesh have been unwilling to prosecute and punish state officers responsible for grave human rights violations. The problem is one of both law and practice.

Alleged human rights violations should be investigated by an independent and neutral body, and archaic laws that shield security officials from prosecution should be amended.

The report urges the government to set up a witness protection programme and to prosecute or take disciplinary action against anyone who tries to stop or hinder a criminal investigation.

The situation is partially the result of an outdated legal framework under which law enforcement officers and members of the armed forces are shielded from prosecution, the report says.

In violation of international legal standards, article 46 of Bangladesh's Constitution empowers parliament to pass laws that provide immunity from prosecution to any state officer for any act done to maintain or restore order, and to lift any penalty, sentence, or punishment imposed.

Soldiers and RAB officers are also protected from the civilian criminal justice system under rules that ensure that they can only be prosecuted in internal courts by their peers through processes that lack independence or impartiality.

While the civilian courts have jurisdiction over cases involving police officers suspected of involvement in criminal activities, such officers are protected by Section 197 of the Criminal Procedure Code, which requires explicit government approval to prosecute an officer purporting to act in an official capacity. Several other laws state that no legal action can be taken against a person who in good faith acts to implement any of its provisions.

Foreign governments are well aware of the poor human rights record of these agencies, but nevertheless cooperate with and provide training to them.

For all of these reasons, senior law enforcement and military officers have never been under strong systemic pressure to ensure that soldiers, paramilitaries, or police officers operate within the law or human rights norms.

They take for granted that they have complete discretion in carrying out their mandate, even if it includes the use of unlawful violence. They send the message to victims that anyone who attempts to hold them accountable will have to pay a high price and that, in any case, the efforts will be fruitless.

"As a party to the UN human rights conventions, Bangladesh is obliged to ensure that all violations - past and future - are investigated, and that those responsible are brought to justice," Adams says in the report.

"If Bangladesh is to become a country in which fundamental human rights are respected and the law is applied equally to the poor and the powerful, the existing culture of impunity has to be torn down."

REACTIONS
Talking to The Daily Star, State Minister for Home Affairs Tanjim Ahmad Sohel Taj said the present government does not support extra-judicial acts of any kind.

Questioning the grounds on which HRW prepared its report, Sohel Taj denied extra-judicial killings by the Rab and said that the force is playing a leading role in combating extremism in the country.

He said his government is committed to establishing the rights of every one of its citizens.

Meanwhile, former adviser to the caretaker government Sultana Kamal said disbanding of Rab or the DGFI is not the solution as every country in the world has elite forces.

Rather the government has to ensure that law enforcement and intelligence agencies follow the rules of business and constitutional guidelines in maintaining law and order, she said.

The government will have to implement its policy of zero-tolerance towards extra-judicial acts, Sultana Kamal, executive director of Ain-O-Salish Kendro, said.

Share on



 





Despite a few exceptions, RAB has been doing a very commendable task in fighting against criminals and extremist in Bangladesh. In a country like Bangladesh where criminals rules the street and kills hundreds of people every month, it's required to have more elite forces like RAB to secure public life, businesses, and after all to root out the extremist elements from the society. Otherwise the country will loose businesses and employments ultimately create more poor, deteriorate law and order and get into chaos; therefore, make it into failed state. Except criminals and extremist, the common people of Bangladesh portrays RAB as their protector not as their enemy. The demand to disband these elite forces really sounds ridiculous.

: Lokman Hossain

May we know what HRW doing for iraq or afgan war?

: Shariful Alam

Comments

  • Kattja
    Tuesday, May 19, 2009 02:03 AM GMT+06:00 (257 weeks ago)

    Is HRW also going to advocate disbanding CIA, RAW, MOSSAD, FSB, MI5 MI6 after all their manifold misdeeds have surfaced on countless occassions? What do you think readers? Torture, violence is in our national character! Unless we get rid of that trait, it will only be cosmetic change.

  • MOLLA A.LATIF
    Tuesday, May 19, 2009 10:31 AM GMT+06:00 (257 weeks ago)

    I don't know if the HRW has the authority to recommend disbanding of organisations in a country? However, their request for compliance of laws and international human rights and norms may be adhered to. It is not that the RAB and the DGFI have eliminated or can eliminate crimes and criminals from the country but these organisations are not any way enemies of the people of the country. If they are enemies of any one they are the outlaws and criminals committing mass murders, dacoity, rape and all unlawful activities. I don't know if the HRW can ask those elements to abide by law of the land or face the same and equal reaction from RAB and DGFI? If they could do it; it would be better for international human rights and norms. What the Srilankan army has done in their country and what the American Forces are doing in Iraq, Afghanistan and Pakistan if approved as according to the international human rights norms by the HRW then what is RAB and DGFI doing against it is not understood.

  • Nasarullah
    Tuesday, May 19, 2009 11:25 AM GMT+06:00 (257 weeks ago)

    We most welcome other developed countries to watching HR in Bangladesh and indeed we are happy to respect their advice and support but on the contrary, we would also expect their roles and responsibilities of the other developed countries what they have been doing in other poor,small counties, where have have been following the rules of might is right .

    Bangladesh is a developing country and is having with many social, economical, political problems , of which economic problem is more acute and one of the root causes for violating HR policy .Moreover failing to appropriate implementation of democratic principles is also partly responsible .

    A country is having acute economic crisis with limited natural resources, huge burden of populations and lack of good goverance may sometimes lead to violation of HR in curbing people sufferings at an extreme point to maintaining law and order situation in order to enhancing safety and security of the general people , but that is linked with the national interest to bring peace and prosperity of the society as well as curbing crimes.

    However, Bangladesh is moving forward, economic growth rate is moderately well determined, Education, Social and political culture are on the right track, people's awareness have been created, law enforcing agencies are well conversant than before, but what we need tolerance and efficient implementation of rules of law maintaining fairness and strong commitment of the political parties and the government anfd judgement and we are on our way to move.

  • Shabab
    Tuesday, May 19, 2009 05:57 PM GMT+06:00 (257 weeks ago)

    HRW hope you are reading this. I remember a time when I wouldn't give a second thought going places on rickshaw during the night at Dhaka, then again I clearly remember a time when the situation deteriorated and then again I remember a time when the petty thieves and thugs were scared when RAB came into operation, the situation improved a little.

    Before making a report do look at the pros and cons of Rab's operation in the country. They might have breached some rights (of criminals) but in the greater human rights interest of the 150 million people.

    Should we disband RAB and DGFI for maybe a few thousand crooked ones and ignore the millions in Bangladesh and put them at risk ?

    HRW how many of are you locals from the country ?

    You are based at NYC, how about a report on Mr.Bush and bringing him and his generals to trial for the mass murders of Iraqi and Afghan nationals.

    Easy to pick on small countries is it not ?

  • Rashid
    Tuesday, May 19, 2009 08:12 PM GMT+06:00 (257 weeks ago)

    I agree 100% with the report


 

 


advertisement

 


The Daily Star

© thedailystar.net, 1991-2014. All Rights Reserved